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HomeMy WebLinkAboutNEW CENTURY CONSTRUCTION; 2011-08-16; 6607Project: 6607-CMP Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) Date Routed: Reasons for changes: Department Head Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Item 1 : Increase Bid item A-12-Point Repair for Holly Brae Lane/El Camino Real. Several additional voids were identified during the pre-lining video inspection. The additional voids had to be repaired prior to installing the new liner. COST ACCOUNTING SUMMARY: Original contract amount $151,615.00 Total amount this C/O $17,023.43 Total amount of previous C/O's $0.00 Total C/O's to date $17,023.43 New Contract Amount $168,638.43 Total C/O's as% of original contract 11.23% Contingency monies encumbered $30,000.00 Contingency increase decrease $0.00 ContinQencv Subtotal $30,000.00 Total C/O's to date $17,023.43 Contingency balance $12,976.57 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Corrugated Metal Pipe Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/fames Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BID NO. PWS11-51UTIL Revised 06/10/09 Contract No. 6607 Page 1 of 172 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 18 Bidder's Bond to Accompany Proposal 19 Guide for Completing the "Designation Of Subcontractors" Form 21 Designation of Subcontractor and Amount of Subcontractor's Bid Items 23 Bidder's Statement of Technical Ability and Experience 24 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 25 Bidder's Statement Re Debarment 26 Bidder's Disclosure of Discipline Record 27 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 29 Contract Public Works 30 Labor and Materials Bond 36 Faithful Performance/Warranty Bond 38 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 40 Revised 06/10/09 Contract No. 6607 Page 2 of 171 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 43 1-2 Definitions 43 1-3 Abbreviations 47 1-4 Units of Measure 50 1-5 Symbols 51 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 52 2-2 Assignment 52 2-3 Subcontracts 52 2-4 Contract Bonds 53 2-5 Plans and Specifications 54 2-6 Workto be Done 58 2-7 Subsurface Data 58 2-8 Right-of-Way 58 2-9 Surveying 58 2-10 Authority of Board and Engineer 63 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 72 4-2 Materials Transportation, Handling and Storage 76 Section 5 Utilities 5-1 Location 77 5-2 Protection 77 5-3 Removal 78 5-4 Relocation 78 5-5 Delays 79 5-6 Cooperation 79 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 79 6-2 Prosecution of Work 80 6-3 Suspension of Work 81 6-4 Default by Contractor 81 6-5 Termination of Contract 82 6-6 Delays and Extensions of Time 82 6-7 Time of Completion 83 6-8 Completion, Acceptance, and Warranty 84 6-9 Liquidated Damages 84 6-10 Use of Improvement During Construction 85 Revised 06/10/09 Contract No. 6607 Page 3 of 171 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 85 7-2 Labor 85 7-3 Liability Insurance 85 7-4 Workers' Compensation Insurance 86 7-5 Permits 86 7-6 The Contractor's Representative 87 7-7 Cooperation and Collateral Work 87 7-8 Project Site Maintenance 88 7-9 Protection and Restoration of Existing Improvements 89 7-10 Public Convenience and Safety 90 7-11 Patent Fees or Royalties 98 7-12 Advertising 98 7-13 Laws to be Observed 98 7-14 Antitrust Claims 99 Section 8 Facilities for Agency Personnel 8-1 General 99 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 99 9-2 Lump Sum Work 100 9-3 Payment 100 9-4 Bid Items 103 Revised 06/10/09 Contract No. 6607 Page 4 of 171 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Construction Materials Section 200 Rock Materials 200-1 Rock Products 107 200-2 Untreated Base Materials 108 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 109 201-3 Expansion Joint Filler and Joint Sealants 109 Section 203 Bituminous Materials 203-6 Asphalt Concrete 111 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 112 206-8 Light Gage Steel Tubing and Connectors 114 206-9 Portable Changeable Message Sign 115 Section 207 Pipe 207-2 Reinforced Concrete Pipe 117 207-9 Iron Pipe and Fittings 117 207-10 Steel Pipe 117 Section 210 Paint and Protective Coatings 210-1 Paint 118 Section 213 Engineering Fabrics 213-2 Geotextiles 118 213-3 Erosion Control Specialties 119 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 119 Section 215 Fencing 215-1 Environmental Fencing 120 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 121 300-2 Unclassified Excavation 121 300-13 Storm Water Pollution Prevention Plan 122 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation 124 Section 302 Roadway Surfacing 302-11 Asphalt Pavement Repairs and Remediation 124 302-12 AC Dike 125 Section 303 Concrete and Masonry Construction. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 125 oRevised 06/10/09 Contract No. 6607 Page 5 of 171 Pages Section 306 Underground Conduit Construction 306-1 Open Trench Operations 125 306-5 Abandonment of Conduits and Structures 129 Section 308 Landscape and Irrigation Installation 308-1 General 129 Section 312 Pavement Marker Placement and Removal 312-1 Placement 129 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 130 313-2 Temporary Traffic Signing 131 313-3 Temporary Railing (Type K) and Crash Cushions 131 313-4 Measurement and Payment 132 Part 5 System Rehabilitation Section 500 Pipeline 134 Appendix A Holly Brae Lane/ El Camino Real Doorhanger 143 Appendix B Highland Drive/James Drive Doorhanger 144 Appendix C "Mallorca Place/El Camino Real Doorhanger 145 Appendix D CEQA Compliance 146 Appendix E CCTV Reports 150 Appendix F Standard Form -Tier 1 Storm Water Pollution Prevention Plan 165 Appendix G City of Carlsbad Standard Drawing DS-1 168 Appendix H City of Carlsbad Standard Traffic Control Plan 169 Appendix I "No Dumping - Drains to Ocean" Stencil 170 Revised 06/10/09 Contract No. 6607 Page 6 of 171 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON JUNE 21, 2011, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Construction of 160 Lineal feet of 10- inch cured-in-place liner, 580 Lineal feet of 18-inch cured-in-place liner, pipeline point repair, two curb inlets, one clean-out, AC dike, curb and gutter, and traffic control. CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BIDNOPWS11-51UTIL 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. A•^ Revised 06/10/09 Contract No. 6607 Page 7 of 172 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(s) 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 thirty three.OOO (One Hundred Thirty Three Thousand Dollars). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A - General Engineering ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. A•^ Revised 06/10/09 Contract No. 6607 Page 8 of 171 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. MANDATORY PRE BID MEETING A MANDATORY pre-bid meeting and tour of the project site will be held at 3971 James Drive. After a site walk to the manhole at 3971 James Drive, we will drive to El Camino Real. Traffic Control will be set up and all parking is to occur within the Traffic Control. Safety gear appropriate for a 55 MPH road is required. We will walk from el Camino Real up a relatively steep road to the manhole. The access road is steep and unpaved. Wear appropriate attire. The third site is located in the southeastern part of the City. Park legally on Mallorca Place or streets nearby. The access for the manhole is 2624 Mallorca Place. This will be the only opportunity for the contractor to access the manholes that are in drainage easements on private property. The meeting will be held Thursday, June 2, 2011 at 9:00 AM. 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. Revised 06/10/09 Contract No. 6607 Page 9 of 171 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. 2011-085 adopted on the 10th day of May, 2011. May 11, 2011 Date deputy City Cler! Revised 06/10/09 Contract No. 6607 Page 10 of 172 Pages CITY OF CARLSBAD CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6607 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" ROAD IMPROVEMENTS Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization (not to exceed 1 LS $ ijl\QQ $ $5,000) at , Pa j f ~fW>' tj $ CA^ oL (Unit Price in Words) A-2 Traffic Control at , 1 LS (Unit Price in Words) A-3 Storm Water Pollution 1 LS $ T-£>&° $ 1,0 00 Prevention Plan at (Unit Price in Words) A-4 Construct 10-inch Cured-in 160LF $ ^0 $ C\d>OQ Place-Liner at (Unit Price in Words) Revised 06/10/09 Contract No. 6607 Page 11 of 171 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Construct 18-inch Cured-in 715LF $ ^ $. Place-Liner at (Unit Price in Words) A-6 Construct concrete Curb and 21 LF Gutter per SDRSD G-2 at (Unit Price in Words) A-8 Construct Type A-6 Cleanout 1 EA per SDRSD D-9 at , (Unit Price in Words) A-9 Construct AC Dike per 20 LF $_ SDRSD G-5 Type A at (Unit Price in Words) A-7 Remove Existing and 2 EA $ $ '_ Construct Type B Curb Inlet per SDRSD D-2 at "tV-m^MA (Unit Price in Words) A-10 Pre-and Post-Construction 1 LS $ /^°Q° $ SGGoG CCTV Inspection and DVD at (Unit Price in Words) A-11 Private Property 1 LS $ <^<^(jO $ ^ QO O Improvement Restoration (per Section 7-9 of the General Provisions) at (Unit Price in Words) Page 12 of 171 Pages Contract No. 6607/Bid No. PWS11-51 UTIL 2 Addendum No. 3 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-12 Point Repair or grout for Holly 1 EA $ ^QO $ _ 7^3 Brae/El Camino Real (172- Feet) at Tttre e (Unit Price in Words) A-13 AC Pavement at 160SF (Unit Price in Words) A-14 Local Depression per DS-/1 at 1 EA ^> ^ ° ••Pi W TVu) J$ (Unit Price in Words) A-15 Point Repair for 1 EA Highland/James (20- Feet) at (Unit Price in Words) , , Total amount of bid in words: OM2 Hundred d - Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). '( Z*t 5 <~j has/have been received and is/are included in this proposal. Revised 06/10/09 Contract No. 6607 Page 13 of 171 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of Cajjfornia, validly licensed under license number (d^Sl\ , classification ri t -^ which expires on <^-3O-/ZO lz-* and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, 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 J£iOQ£®£ Bcr^-D l<ffi? (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 No. 6607 Page 14 of 171 Pages Check a License - Contractors State License Board Page 1 of2 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 614517 tJLi 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 Reissue Date Expire Date License Status Additional Status: Classifications: Certifications: Bonding: 614517 Extract Date: 6/21/2011 NEW CENTURY CONSTRUCTION INC 9119 EMERALD GROVE ANVE LAKESIDE, CA 92040 Business Phone Number:(619) 390-3300 Corporation 03/06/1991 09/21/2000 09/30/2012 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CERT DESCRIPTION ASB ASBESTOS - (for bidding purposes only) HAZ HAZARDOUS SUBSTANCES REMOVAL CONTRACTOR'S This license filed Contractor's Bond number SC6042028 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) SHELLBERG LEE PAUL II 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/CheckLicenseII/LicenseDetail.aspx?LicNum=61... 6/21/2011 Check a License - Contractors State License Board Page 2 of 2 Effective Date: 09/21/2000 BQl's Bonding History This license has workers compensation insurance with the CALIFORNIA INSURANCE COMPANY Policy Number:460051640107 Workers' Compensation: EffectiVe Date: 07/06/2010 Expire Date: 07/06/2011 Workers' Compensation History DATE DESCRIPTION Miscellaneous Information: Q9/21/2000 LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=61... 6/21/2011 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (£tr£et and Number) City and State / (4) Zip Code _.XX Telephone No. (5) E-Mail /_ 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. (Street and Number) City and State. (4) Zip Code / Telephone No.. (5) E-Mail _ Revised 06/10/09 Contract No. 6607 Page 15 of 171 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted MT(\i C (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business 111 rj City and State U&<gSi o£; /9\xT« (Street and Number) (5) Zip Code <-<^/ (6) E-Mail >? <c\/oC£o Telephone No. \ Cc/vT-Jvu£,f rt On'-j yah oo, \. 3.3 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED State or California County of ( San Diego On to ^/" "before me, ACKNOWLEDGMENT Susan Leggitt. Notary Public_ (insert name and title of the officer) Lee P. Shellberg II who proved to me on the basispersonally appeared of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 S^usan Leggitt, Notary Public' SUSAN LEGGITT [ COMM. #1927499 zNotary PuWic • California g San Diego r—*" Revised 06/10/09 Contract No. 6607 Page 16 of 171 Pages List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 06/10/09 Contract No. 6607 Page 17 of 171 Pages BID SECURITY FORM (Check to Accompany Bid) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of /£?\i ?£$££>* T dollars ($ < o cp>t\ ), 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 stiall 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. f. wea&cfcC-, or BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 06/10/09 Contract No. 6607 Page 18 of 171 Pages Bond No. NEWCE-99 BIDDER'S BOND TO ACCOMPANY PROPOSAL CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Carnino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 KNOW ALL PERSONS BY THESE PRESENTS: That we, ..Ne_W..Century. Construction' Inc.-as Principal, andSureTec Insurance Company. 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 the Total* for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. *Amount Bid (10%) THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holty Brae Lane/El Camino Real, Highland Drive/James Olive and Mallorca Place Storm Drains) CONTRACT NO. 6S07 in the CKy 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 fgil force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal €5•F Ravised 06/10/09 Contract No, 6807 Page 19 of 171 Pages shall not exonerate the Surety from its obligations Executed by PRINCIPAL this i3th_ day af _ under this bond. June .,2021 PRINCIPAL: New Century Construction, Inc. (name of Principal^ f\ (sign here) i&L K Jfl (print name here) (Title and Organization of Signatory) (sign here) (print namemere) (title and organization of signatory) Executed by SURETY this 13th of June _, 20 11.. SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) (800) 288-0351 (telephone number of Surety) "" (signature of Attorney-in-Fact) Dwight Reilly (printed name cf Attomey-in-Fact) day (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 sea! empowering that officer to bind the corporation,) APPROVED AS TO FORM: RONALD R. BALL City Attorney oRevised 06/10/09 Contract No, 6607 Page 20 of 171 Pages1 ACKNOWLEDGMENT State of California County of Orange On June 13th, 2011 before me,Allison Ritto, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person^ whose namefs) is/S¥e~x subscribed to the within instrument and acknowledged to me that he/sfcefltoey executed the same in his/fieflfftelFauthorized capacity(M3), and that by hisftrepflfcew signature^ on the instrument the person(s), 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 Allison Ritto <i ^o^^ ^ (Sealj^ ALLISON RiTTO Commission # 1824932 Notary Public - California Orange County [•// Comrn. tx^.es De' 23,2012 ACKNOWLEDGMENT State of California County of ( San Diego_J On before m£j personally appeared of satisfactory evider Susan Leggilt. Notary Pnhlir sons he/she/they executed the same ,n a, (insert name and title of the officer)Lee P. Shellherp U ' ,_ who proved to me on the basis ^ ^ ^-ledged to me that person,), or the ent.ty upon ^^^^^^™^< . cert,fy under PENALTY OF PERJURY under the laws of the State of CaHfom.a thaUne foregoing paragraph is true and . WITNESS my hand and official seal. I x5S@V ^ SUSAN LEGGITT COMM. #1927499 POA#: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay, Dwight Reilly its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2tf* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETECINSU PANY State of Texas ss: County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, beingvby me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ^twfftfc, JACQUELYN MALDONADO *.-;jy:-*\ Notary Public. State of Texas My Commission Expires May 18, 201 3 J lacqlielyn/Maldonado, Notary Public Vly commission expires May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 13th day of JUne 2011 . A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. FROM : From Lee Paul She 11 berg II PHONE NO. : flpr. 09 1995 09:50ftM Pi 2050643 ENDORSED -FILEDARTICLES OF INCORPORATION to th» Office of th« Secretary ol SUM Ot o»lh«St«». of California NEW CENTURY CONSTRUCTION, INC. BILL JONES. Secretary of State The name of thu corporation is New Century Construction, Inc. II The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. Ill The name and address in the State of California of this corporation's initial agent for service of process is: Lee P. Shellberg, II 3506 Marrlesta Dr. San Diego, CA 92111 IV This corporation is authorized to issue only one class of shares of stock and the total number of shares which this corporation is authorized to issue is 100,000. The corporation is authorized to indemnify the directors and officers of the corporation to the fullest extent permissible under California law. Dated: March 21, 2000 /? (I/ Lee P.Shellberg ^ I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. Lee P. Shellberg FROM : From Lee Paul She11berg II PHONE NO.flpr. 89 1995 09:50flt1 P2 ADOPTION OF BYLAWS, APPOINTMENT OF DIRECTORS AND OFFICERS AND RESIGNATION OF INCORPORATOR OF NEW CENTURY CONSTRUCTION, INC. As the incorporator of New Century Construction, Inc., a California corporation, pursuant to Articles of Incorporation filed with the Secretary of State of the State of California, on March 23, 2000, the undersigned does hereby take Lhe following actions, in accordance with, Section 210 of the California Corporations Code: The Bylaws attached hereto as Exhibit "A" are hereby adopted as the Bylaws of New Century Construction, Inc. a California Corporation. The following persons are hereby appointed to act as the initial directors of New Century Construction, Inc., a California corporation, until the election of their successors: Lee P. Shellberg, II The following are hereby elected to act as the initial officers of New Century Construction, Inc., a California corporation, until the election of their successors: President Secretary Treasurer Dated; March 24, 2000 Lee P. Shellberg, II Lee P. Shellberg, II Lee P. Shellberg, II Lee P. Shellberg, *"TI I hereby resign as incorporator of New Century Construction, Inc., a California corporation, effective immediately. Dated: March 24, 2000 Lee P. Shellberg, Company Profile Page 1 of 1 Company Profile SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process NANCY FLORES, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 10916 NAIC Group #: 0000 California Company ID #: 4914-8 Date authorized in California: October 24, 2005 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: TEXAS 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. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=l 05... 6/21/2011 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information 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 06/10/09 Contract No. 6607 Page 21 of 171 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 No. 6607 Page 22 of 171 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Curcut ffldui Uivfev Subcontractor Name and Location of Business rns'lf o-Pori\A WKi^U-j, **c. > -Pulled A , <W Subcontractor's License No. and Classification* * -KYI 1 1 Amount of Work by Subcontractor in Dollars* 4 (0(0. <5~7Q Page.of pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 06/10/09 Contract No. 6607 Page 23 of 171 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract £&& 4HAafe Type of Work ^ M & r Amount of Contract Revised 06/10/09 Contract No. 6607 Page 24 of 171 Pages New Century Construction, Inc. 9119 Emerald Grove Ave. Lakeside, CA 92040 619-390-3300 BIDDERS EXPERIENCE List all jobs successfully completed by the Bidder during the last five (5) years Project Name & Address Project Owners Name, Address & Phone No. Date Completed Contract Amount Townsite Drive Sidewalk Imp. * Project scheduled to be done the end of the week. Kurt Groscup Storm Drain Pipe Replacement Duane Jackson Via Rialto Storm Drain Saeed Askari Installation of Pedestrian Curb Ramps (a), Various Locations Michael Dudas ADA Barrier Removal Terry Zaragoza Toni Lane Easement Imp. Dirk Epperson Construction of Rain Barrels City of Vista 5/20/11 $542,511.00 200 Civic Center Drive Vista, CA 92084 760-726-1340 ext 1266 10/15/10 $1,061,740 Clement Brown City of El Cajon 200 Civic Ctr. Way El Cajon, CA 92020 619-887-1005 City of San Diego 6/10 $435,689 9485 Aero Drive San Diego, Ca 92123 619-980-4851 City of El Cajon 3/10 $322,881 200 Civic Center Way El Cajon, CA 92020 619-441-1662 CityofPoway 7/09 $62,000 13325 Civic Center Dr. Poway, CA 92064 858-668-4716 City of La Mesa 6/09 $56,645 8130 Allison Ave. La Mesa, CA 91941 619-667-1152 City of San Diego 6/09 $39,000 Storm Water Dept. 9370 Chesapeake Dr. Suite 100 San Diego, Ca 92123 858-541-4336 Del Dios Gorge Trail John Revels Removal of Arch. Barriers Curb Ramp GF-1 Danny Schrotberger Mast Blvd. CMP Project Toby Espinola Developed Regional Parks Dave Long Removal of Arch. Barriers Curb Ramp #48 Vishnu Moharir Neptune Place Sidewalk Stabilization Walter Gefrom 11A1580 Extend Metal Beam Guardrail/Hwy 67 Khoan Le SR-56 Sound Wall Replacement Project Anton Handal 2007 Sidewalk Rehab. Terry Marshall Storm Drain Replacement/Rehab Dirk Epperson San Dieguito River Park Joint Powers Authority 18372 Sycamore Creek Road Escondido, CA 92025 4/09 $170,400 619-922-8924 City of San Diego 1/09 9485 Aero Drive San Diego, CA 92123 619-533-7465 CityofSantee 2/09 10601 Magnolia Ave. Santee, CA 92071 619-258-4100 City of San Diego 9/08 Park & Recreation Dept. 2125 Park Blvd. San Diego, CA 92101-4792 619-235-1165 City of San Diego 9485 Aero Drive 8/08 San Diego, C A 92123 858-495-4717 City of San Diego 8/08 1200 Third Ave. San Diego, CA 92101 619-527-7509 Dept. of Transportation 7/08 4050 Taylor Street San Diego, CA 92110 619-688-3609 City of San Diego 6/08 9485 Aero Drive San Diego, C A 92123 619-961-6708 City of Lemon Grove 4/08 3232 Main Street Lemon Grove, CA 91945 619-825-3826 City of La Mesa 2/08 8130 Allison Ave. La Mesa, C A 91942 619-667-1152 $570,400 $338,602 $139,450 $165,700 $34,900 53,192 $541,305 $60,477 $201,225 Drainage Imp, (a), Marvin ES Bob Snipes Mike Woehler Extend Metal Beam Guard Rail 11A1417 Rudy Gabriel Removal of Arch. Barrier #47 Heip Hoang Tavern Rd. Bike Lanes Ian Nguyen Slope & Pipe Repair #11A1447 Donny DeCastro Install Curb Ramps & Rehab Sidewalks Terry Marshall ADA Barrier Removal Terry Zaragoza Old Stage Road Improvements Heidi Holmes Orange Place Improvements Tim Hinds Valley Ctr. Rd./Lake Wohlford Rd. Improvements Matt Brady Paulo Garcia S.D. Unified School Dist. 1/08 4860 Ruffner Street San Diego, CA 92111 619-571-5186 858-496-1776 Department of Trans. 12/07 4050 Taylor Street San Diego, C A 92110 619-688-6825 City of San Diego 12/07 9485 Aero Drive San Diego, CA 92123 619-980-3678 County of San Diego 1/08 5555 Overland Ave. San Diego, C A 92123 858-231-1068 Department of Trans. 9/07 4050 Taylor Street San Diego, C A 92110 619-892-2446 City of Lemon Grove 8/07 3232 Main Street Lemon Grove, CA 91945 619-825-3800 CityofPoway 8/07 P.O. Box 789 Poway, CA 92074-0789 858-668-4716 County of San Diego 6/07 5555 Overland Ave., Bldg. 2 San Diego, C A 92123 858-232-1060 CityofEscondido 4/07 201 N. Broadway Escondido, CA 92025 760-807-1123 County of San Diego 3/07 5555 Overland Ave., Bldg. 2 San Diego, CA 92123 619-306-8144 619-864-0114 $641,000 $94,945 $96,400 $404,501 $94,945 $77,439 $57,990 $297,688 $199,015 $916,660 El Caion Curb Ramps City of El Cajon 3/07 $82,750 (2), Various Locations 200 E. Main Street El Cajon, CA 92020 Reginald Duquette 619-441-1653 Tavern Road Dept. of Transportation 2/07 $43,100 11A1300 4050 Taylor Street San Diego, CA 92110 Cameron Chaffee 619-688-3377 Grading & General Site City of Escondido 3/07 $78,755 Utilities 201 N. Broadway Escondido, Ca 92025 Field Eng. 760-839-4664 Tim Hinds 760-807-1123 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 06/10/09 Contract No. 6607 Page 25 of 171 Pages OP ID: PK ACOKD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/08/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 61 9-589-0303SCF Insurance Services, Inc. -.„ __„ ,_._License #0606662 619-589-1342 P.O. Box 1300 La Mesa, CA 91944-1300Ing rid Van Moppes, CLU INSURED New Century Construction, Inc. Lee 9119 Emerald GroveAvenue Lakeside, CA 92040-3605 CONTACTNAME: PHONE FAX (A/C. No. Ext): (A/C No): E-MAILADDRESS: PRODUCER MCWI~C tCUSTOMER ID*: NbWUt-^ INSURER(S) AFFORDING COVERAGE INSURER A: Hartford Fire Ins. Co. NAIC* 29424 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A A TYPE OF INSURANCE GEtJERAL LIABILITY COMMERCIAL GENERAL LIABILITY | CLAIMS-MADE [ j OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY | I JECT~I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWN ED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE RETENTION $ OCCUR CLAIMS-MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y ; N ANY PROPRIETOR/PARTNER/EXECUTIVE ] 1 OFFICER/MEMBER EXCLUDED?(Mandatory in NH) f yes, describe under DESCRIPTION OF OPERATIONS below3roperty Section Equipment Floate ADDLINSR X N/A SUBR WVD POLICY NUMBER 72UECUR6232 72SBATU7684 72MSVZ8897 POLICY EFF(MM/DD/YYYY) 09/13/11 06/25/11 06/25/11 POLICY EXP(MM/DD/YYYY) 09/13/12 06/25/12 06/25/12 LIMIT'S EACH OCCURRENCE DAMAGE 10 RENTED PREMISES (Ea occurrence] MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OPAGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAC (Per accident) E EACH OCCURRENCE AGGREGATE WC STATU-TORY LIMITS OTH- ER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL DISEASE -POLICY LIMIT PROPERTY Equipment DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)The City of Carlsbad its officials, employees & volunteers are named as additional Insured as respects auto liability. Corrugated metal pipe replacement program - Holly Brae, El Camino Real, Highland, James, Mallorca,Bid No. PWSfl-51UTIL, Project No. 6607. Cancellation clause forms attached $ $ $ I $ $ $ $ 1,000,000 $ $ $ $ $ $ $ $ $ $ $ $ 6,200 22,000 CERTIFICATE HOLDER CANCELLATION CITYCAR City of Carlsbad Public Works Purchasing Dept 1635 Faraday Ave. Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C^errr^ -fv&*M ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72UECUR6232 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured Inc New Century Construction (Authorized Representative) Named Person(s) or Organization(s): The City of Carlsbad its officials, employees & volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization named above is an "insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of SECTION LIABILITY COVERAGE. Form HA 990201 87 Printed in U.S.A. COMMON POLICY CONDITIONS Form SS 00 05 12 06 © 2006, The Hartford QUICK REFERENCE - SPECTRUM POLICY DECLARATIONS and COMMON POLICY CONDITIONS I. DECLARATIONS Named Insured and Mailing Address Policy Period Description and Business Location Coverages and Limits of Insurance II. COMMON POLICY CONDITIONS Beginning on Page A. Cancellation 1 B. Changes 1 C. Concealment, Misrepresentation Or Fraud 2 D. Examination Of Your Books And Records 2 E. Inspections And Surveys 2 F. Insurance Under Two Or More Coverages 2 G. Liberalization 2 H. Other Insurance - Property Coverage 2 I. Premiums 2 J. Transfer Of Rights Of Recovery Against Others To Us 2 K. Transfer Of Your Rights And Duties Under This Policy 3 L Premium Audit 3 Form SS 00 05 1206 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this policy: (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a Covered Cause of Loss, permanent repairs to the building: (a) Have not started; and (b) Have not been contracted for, within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled, we will send the first Named Insured any premium refund due. Such refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. If the first Named Insured cancels this policy, we will retain no less than $100 of the premium. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Form SS 00 05 12 06 © 2006, The Hartford Page 1 of 3 COMMON POLICY CONDITIONS C. Concealment, Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination Of Your Books And Records We may examine and audit your books and records as they relate to the policy at any time during the policy period and up to three years afterward. E. Inspections And Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of any person. And we do not represent or warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. F. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance - Property Coverage If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued, If applicable, on each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect, 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Changes in exposures or changes in your business operation, acquisition or use of locations that are not shown in the Declarations may occur during the policy period, If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect, J. Transfer Of Rights Of Recovery Against Others To Us Applicable to Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. E3ut you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property. 2. After a loss to your Covered Property only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or Page 2 of 3 Form SS 00 05 12 06 COMMON POLICY CONDITIONS c. Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. K. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative, Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. L. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. The premium amount shown in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Any additional premium found to be due as a result of the audit are due and payable on notice to the first Named Insured. If the deposit premium paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must maintain all records related to the coverage provided by this policy and necessary to finalize the premium audit, and send us copies of the same upon our request. Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. Donald C. Hunt, Secretary Juan Andrade, President Form SS 00 05 12 06 Page 3 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/03/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AU Insurance Services 10825 Old Mill Rd Omaha, NE 68154 (877)234-4420 INSURED New Century Construction, Inc. dba New Century Construction, Inc. 9119 Emerald Grove Ave Lakeside, CA 92040-3605 CTL 1273 576585 CONTACT NAME: ™C^o,Ext): (877)234-4420 E-MAIL ADDRESS: PRODUCER CUSTOMER ID # (Aye, No): (877)234-4421 INSURER(S) AFFORDING COVERAGE INSURERA California Insurance Co. INSURERS: INSURER C: INSURER D: INSURER E: INSURER F: NAIC # 38865 COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: ; FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLSUBRilNSRWVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY1 (MM/DO/YYYY)LIMITS|MITS 1 i,GENERAL LIABILITY 1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE \ 1 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: i PRO- r IJECT EACH OCCURRENCE DAMAGE TO RENTED MED EXP (any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE j PRODUCTS - COMP/OP AGG _$_ AUTOMOBILE LIABILITY |ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS i HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) i BODILYINJURY(Perperson) LBQDILYMJURYXPeraccident}... ! PROPERTY DAMAGE(Per accident} UMBRELLA LIAB; JOCCUR EXCESS LIAB ! I CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i ANY PROPRIETOR/PARTNER/EXECUTIVE p OFFICER/MEMBER EXCLUDED? LJL (Mandatory in NH) If yes, describe under I SPECIAL PROVISIONS below ! I WC STATU- !OTH- iTORY LIMITS ! ER 46-005164-01-08 07/06/2011 07/06/2012 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,OOP,OOP $ 1,OOP,OOP $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) RE: Corrugated Metal Pipe Replacement Program/PWSll-510TIL -- The Blanket Waiver applies to All Operations for The City of Carlsbad, its officials, employees, and volunteers for Whom the Named Insured has agreed by written contract to furnish this waiver. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Attn: Public Works Purchasing Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE S^£^S^. .^^^ V ^T8*1^---^' 0 D 7 8 3 3 6 ACORD 25 (2009/09)©1988-2009 ACORD CORPORATION. All rights reserved Policy Number:Date Entered: 8/4/2011 ^^^ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/4/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED •PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ..riPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Webster Insurance Agency 8315 LA MESA BLVD LA MESA, CA 91942 INSURED NEW CENTURY CONSTRUCTION, INC. 9119 EMERALD GROVE AVE. LAKESIDE, CA 92040 CONTACT NAME: rAH,?NNEo.Ex«: (619) 433-3801 |J£Not!*"!466-9474 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A .American Safety Indemnity INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : F NAIC* COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLISUBRTYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF I POLICY EXP (MM/DDfYYYYl (MM)DDfYYYY)LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYrs/"iCLAIMS-MADE \J\] OCCUR EACH OCCURRENCE ENV027641-10-01 12/23/2010 L2/23/2011 DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GENTL AGGREGATE LIMIT APPLIES PER: POLICY PRODUCTS - COMP/OP AGG $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS1 LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU-TORY LIMITS OTH-ER N/A E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) IT IS HEREBY UNDERSTOOF AND AGREED THAT THE POLICY TO WHICH THIS CERTIFCATE REFERS MAY NOT BE CANCELLED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED UNTIL TEN (10) DAYS AFTER RECEIPT OF WRITTEfc! NOTICE OF CANCELLATION OR REDUCTION IN COVERAGE BY THE CITY CLERK OF THE CITY OF CARLSBAD. COVERAGE UNDER THIS POLICY SHALL BE PRIMARY AND NONCONTRIBUTING WITH ANY OTHER INSURANCE AVAILABLE TO THE CITY OF CARLSBAD THE CITY OF CARLSBAD IS LISTED AS AN ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD ATTN: KEVIN DAVIS PUBLIC WORKS PURCHASING DEPARTMENET 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE THE EXPIRATION DATE THEREOF, NOTICE WILL ACCORDANCE WITH THE POLICY PROVISIONS. IS CANCELLED BEFORE BE DELIVERED IN AUTHORIZED REPRESENTATlA' / <^^. X, /A ^a^Z? © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing 800-208-1977 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person, project or organization with whom the named insured executes a written contract prior to the start of a project and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project Location (s) Of Covered Operations Various Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performedby or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person, project or organization with whom the named insured executes a written contract prior to the start of a project and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project Location And Description Of Completed Operations Various Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC-ENV 98 036 11 04 PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non-contributory. Additional Insured(s)Specified Project Any person, project or organization with whom the named insured executes a written contract prior to the start of a project and is shown on a certificate of insurance issued by our authorized representative prior to the start of a project Various All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ENV 98 036 11 04 Copyright© 2004 American Safety Indemnity Company Page 1 of 1 THIS ENDORSEiVffiNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENVOI 03111 07 ENDORSEMENT- EXPANDED WAIVER OF SUBROGATION This Endorsement shall not serve to increase our limits of insurance, as described in the LIMITS OF INSURANCE section of the policy We waive our rights to subrogation, against a project owner or general contractor in connection with the performance of "your work" at a specific project, provided that we are required to waive our rights to subrogation against such project owner or general contractor in a written contract for "your work" that you enter into with such project owner or general contractor prior to the start of such project, and subject to the following conditions and exclusions Subrogation shall not be waived with respect to any liability arising directly or indirectly out of any of the following actions of such project owner or general contractor: 1 "Professional services" on or in connection with the Project; 2 Modifying or changing the Project specifications without the express written consent of the insured; and 3 Any activities beyond the scope of monitoring the progress of the insured on the Project All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged ENV 01 031 11 07 Copyright© 2007 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 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 clebafred agency agency period of detjarffient period of debarment BY CONTRACTOR: By: ney of Con(name of Contractor) (sign here) (print name/title) o Page L of _V, pages of this Re Debarment form Revised 06/10/09 Contract No. 6607 Page 26 of 171 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? 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 eightyear period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the VVafK ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page (. of '"Z-- pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 6607 Page 27 of 171 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Cojjtraqtor By: (sign here)' (print name/title) Page L^ of 6^"" pages of this Disclosure of Discipline form i Revised 06/10/09 Contract No. 6607 Page 28 of 171 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 State of California ) ,- ) ss- County of Lg(£T p <S rll£ttA&£i<&> <? being first duly sworn, deposes (Name of Bidder) and says that he or she is fi(££-Si-o<-^ \ (Title) of (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 "<L( day of ,.) U/U^ , 20 / / . Signature of Bidder Subscribed and sworn to before me on the ^--i day of <*J H*^ & /I (NOTARY SEAL) SUSAN LEGGITT COMM. #1927499 -% Signature ofWtary Notary PuWk • California g San Diego County -j My Comm. Expires Mar. 29,2015 \ Revised 06/10/09 Contract No. 6607 Page 29 of 171 Pages Citv of Carlsbad Public Works - Contract Administration JuneS, 2011 ADDENDUM NO. 1 RE: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains), CONTRACT NO. 6607, BID NO PWS11-51UTIL Please include this addendum in the Request for Bid package you have for the above project: This page—receipt acknowledged—must be attached to your bid when it is submitted. CEVIN DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (76O) 6O2-8562 CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BID NO. PWS11-51UTIL Addendum No. 1 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760) 602-8562 Email: Sherri.Howard@carlsbadca.gov No. of Pages: 4 (including this page) Date: June 2, 2011 Bid Opening Date: June 21, 2011 2:00 pm (unchanged) Page 8: ENGINEER'S ESTIMATE The Engineers' estimate is $150,000 (One Hundred Fifty Thousand Dollars). Page 9. PREBID MEETING Attached is a copy of the Pre-Bid Meeting Sign-in Sheet. Page 9 BIDDERS INQUIRIES Bidders Inquiries are due by 2:00 PM Thursday, June 9, 2011. Bidders inquiries shall be transmitted to the City via email to Sherri.Howard@carlsbadca.gov. CONTRACTORS PROPOSAL Delete Sheet 12 of 171 and replace with the revised Sheet 12 of 171. Bid item A-5 has been increased. APPENDICIES Add the following: Appendix J Sketch 1A PLANS 1. DWG 471-2A - delete reference to Sheet 2 in the plan view. This plan set is comprised of one sheet. Contract No. 6607/Bid No. PWS11-51 UTIL Addendum No. 1 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Construct 18-inch Cured-in 580 LF $ $ Place-Liner at (Unit Price in Words) A-7 Remove Existing and 2 EA Construct Type B Curb Inlet per SDRSD D-2 at (Unit Price in Words) A-8 Construct Type A-6 Cleanout 1 EA per SDRSD D-9 at (Unit Price in Words) A-9 Construct AC Dike per 20 LF SDRSD G-5 Type A at (Unit Price in Words) A-6 Construct concrete Curb and 21 LF $ $_ Gutter per SDRSD G-2 at (Unit Price in Words) A-10 Pre-and Post-Construction 1 LS $ $_ CCTV Inspection and DVD at (Unit Price in Words) A-11 Private Property 1 LS $ $_ Improvement Restoration (per Section 7-9 of the General Provisions) at (Unit Price in Words) Page 12 of 117 Pages Contract No. 6607/Bid No. PWS11-51 UTIL 2 Addendum No. 1 CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/ El Camino Real Highland Drive/James Drive and Mallorca Place) CONTRACT NO. 6607 BIDNO.PWS11-51UTIL Pre-Bid Meeting Sign-in Sheet Thursday, June 2, 2011 - 9:00 AM M ioTS °flh .. s ,q t rto^».fa,-HII 10 SKETCH 1A SITE 133 LINEAR FEET OF CURED-IN-PLACE PIPE INSTALLED IN 18" CORRUGATED METAL PIPE NOT TO SCALE PROJECT NAME CORRUGATED METAL PIPE REPLACEMENT PROGRAM PROJECT NUMBER 6607 ADDENDUM #1 SKETCH 1A DRAWN BY: SCOTT EVANS, CARLSBAD UTILITIES DEPT. 6/02/11 C:\UTIUTIES DEPARTUENT\DESIGN DMSION\HOWARD\6607 LOCATION MAP EXHIBIT 2.DWG CITY OF CARLSBAD Contract Administration www.carlsbadca.gov June 7, 2011 ADDENDUM NO. 2 RE: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains), CONTRACT NO. 6607, BID NO PWS11-51UTIL Please include these addendum pages in the request for bid package you have for the above project. This addendum includes CDs with pictures and video files (see attached information). The CDs have been mailed to those organizations that sent representatives to the mandatory pre-bid meeting on June 2nd, 2011. These files are available for viewing by everyone, at no charge, on the City of Carlsbad web site (www.carlsbadca.gov). A CD with the included files is available upon request from the Contract Administration group. This page — receipt acknowledged — must be included in your bid when delivered. EVIN C DAVIS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 750-602-4677 F 760-602-8562 ® CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BID NO. PWS11-51UTIL Addendum No. 2 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760)602-8562 Email: Sherri.Howard@carlsbadca.gov No. of Pages: 1 (including this page) No of CD's: 2 Date: June 7, 2011 Bid Opening Date: June 21, 2011 2:00 pm (unchanged) Page 9 BIDDERS INQUIRIES Bidders Inquiries are due by 2:00 PM Monday, June 13, 2011. Bidders inquiries shall be transmitted to the City via email to Sherri.Howard@carlsbadca.gov. PART 5;SYSTEM REHABILITATION Page 140 Section 500-1.2.6 - INSTALLATION AND FIELD INSPECTION Add the following: Contractor shall protect all new and existing surfaces from CIPP resin. APPENDICIES Add the following: Appendix K CD of CCTV Video, Video Reports and Pictures. The pipeline added in Addendum No. 1 at Alder and Monroe has not been TV'd and is not included in the CD. Contract No. 6607/Bid No. PWS11-51 UTIL 1 Addendum No. 1 CARLSBAD Contract Administration www.carlsbadca.gov June 14, 2011 ADDENDUM NO. 3 RE: CORRUGATED METAL PIPE REPLACEMENT PROGRAM - HOLLY BRAE, EL CAMINO REAL, HIGHLAND, JAMES, MALLORCA BID NO. PWS11-51UTIL, CONTRACT NO. 6607 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 © CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BID NO. PWS11-51UTIL Addendum No. 3 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: , (760)602-8562 Email: Sherri.Howard@carlsbadca.gov No. of Pages: 2 (including this page) Date: June 14, 2011 Bid Opening Date: June 21, 2011 2:00 pm (unchanged) CONTRACTORS PROPOSAL Delete Sheet 12 of 171 and replace with the revised Sheet 12 of 171. Bid item A-5 has been increased. Contract No. 6607/Bid No. PWS11-51 UTIL 1 Addendum No. 3 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Construct 18-inch Cured-in 715LF $ $ Place-Liner at (Unit Price in Words) A-6 Construct concrete Curb and 21 LF Gutter per SDRSD G-2 at (Unit Price in Words) A-7 Remove Existing and 2 EA Construct Type B Curb Inlet per SDRSD D-2 at (Unit Price in Words) A-8 Construct Type A-6 Cleanout 1 EA per SDRSD D-9 at (Unit Price in Words) A-9 Construct AC Dike per 20 LF SDRSD G-5 Type A at (Unit Price in Words) A-10 Pre- and Post- Construction 1 LS CCTV Inspection and DVD at (Unit Price in Words) A-11 Private Property 1 LS Improvement Restoration (per Section 7-9 of the General Provisions) at (Unit Price in Words) Page 12 of 171 Pages Contract No. 6607/Bid No. PWS11-51 UTIL 2 Addendum No. 3 CITY OF CARLSBAD Contract Administration www.carlsbadca.gov June 15, 2011 ADDENDUM NO. 4 RE: CORRUGATED METAL PIPE REPLACEMENT PROGRAM - HOLLY BRAE, EL CAMINO REAL, HIGHLAND, JAMES, MALLORCA BID NO. PWS11-51UTIL, CONTRACT NO. 6607 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4 Bidder's Signature ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 ® CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 BID NO. PWS11-51UTIL Addendum No. 4 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760) 602-8562 Email: Sherri.Howard@carlsbadca.gov No. of Pages: 1 (including this page) Date: June 15, 2011 Bid Opening Date: June 21, 2011 2:00 pm (unchanged) CONTRACTORS PROPOSAL Page 21 of 171 Paragraph 7. Add the following sentence: Bid Items A-4 Construct 10-inch Cured-in-Place Liner and A-5 Construct 18-inch Cured-in-Place Liner are declared Specialty Items for the purpose of this project. Specialty Items are not subject to the fifty percent (50%) calculation. Subcontractor(s) performing work associated with the two bid items A-4 Construct 10-inch Cured-in-Place Liner and A-5 Construct 18-inch Cured- in-Place Liner shall be listed on the "Designation of Subcontractor and Amount of Subcontractor's Bid Items" form and shall be listed as a Specialty Item. Contract No. 6607/Bid No. PWS11-51 UTIL 1 Addendum No. 4 CONTRACT PUBLIC WORKS This agreement is made this /(& day of A/-&C ^6"£ , 20 f I, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and New Century Construction, Inc. whose principal place of business is 9119 Emerald Grove Avenue Lakeside CA 92040 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, 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. Revised 06/10/09 Contract No. 6607 Page 30 of 171 Pages 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. 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 251 17 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. Revised 06/10/09 Contract No. 6607 Page 31 of 171 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or 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. 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. Revised 06/10/09 Contract No. 6607 Page 32 of 171 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the 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 Revised 06/10/09 Contract No. 6607 Page 33 of 171 Pages false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (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 Po- 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. Revised 06/10/09 Contract No. 6607 Page 34 of 171 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 BEATTACHED (CORPORATE SEAL) CONTRACTOR: (name of (print name and title) (print name and title) CITY OF CARLSBAD a municipal corporation ofthe State of California //] BV: Ai\Lm \L IIJ Mayor ^ ' ATTE ,, -^- ? *"*/M£I.>%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 :torney o State of California County of ( San Diego On before me, ACKNOWLEDGMENT Susan Leggitt. Notary Public (insert name and title of the officer) personally appeared Lee P. Shellberg 11 who proved to me on the basis of satisfactory evidence to be the person!^ whose name(#) is/aK" subscribed to the within instrument and acknowledged to me that he/s)leVjJ1ey executed the same in his/herAfieir authorized capacity(ws), and that by his/har/tb«ir signature^) on the instrument the person(?£ or the entity upon behalf of which the person(«5 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, Susan Leggitt, Notary Public (Seal) SUSAN LEGGITT I COMM. #1927499 i Notary Public - California g San Diego G ' Revised 06/10/09 Contract No. 6607 Page 35 of 171 Pages PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT Bond No. 5117343 3ASFD ON FWAL CONTRACT PRICE Premium included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 175, adopted July 26, 2011, has awarded to New Century Construction, Inc. (hereinafter designated as the "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of 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, NEW CENTURY CONSTRUCTION, INC., as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Fifty One Thousand Six Hundred Fifteen Dollars ($151,615), 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 No. 6607 Page 36 of 171 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 S. day of /rt/tjuj f^ CONTRACTOR: Executed by SURETY this. Of August 2nd .day (name of Contracto By: _ (sign here) ft SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) (800) 288-0351 .2011 (print name here)(telephone number of Surety) (title and organization of signatory) (sign here) ^(print name here) By: (signature of Attorney-in-Fact) Dwight Reilly (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 By: Deputy City Attorney Revised 06/10/09 Contract No. 6607 Page 37 of 171 Pages ACKNOWLEDGMENT State of California County Of Orange On August 2, 2011 personally appeared Dwight Reiiiy before me, Susan Pugh, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s^ whose name(s) i subscribed to the within instrument and acknowledged to me that he/stt@flft@y executed the same in his/fteerttteir authorized capacity(isss), and that by his/nsj$heir 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.(Seal) SUSAN PUGH COMM. #1934229 n Notary Public-California a ORANGE COUNTY "• MyComm. Expires Apr29, 2015 Susan Pugh State of California County of( San Diego On before me, ACKNOWLEDGMENT Susan Leggitt. Notary Public (insert name and title of the officer) Lee P. Shellberg II who proved to me on the basispersonally appeared of satisfactory evidence to be the person(y) whose name^s) is/are subscribed to the within instrument and acknowledged to me that he/she/tlrey executed the same in his/b<rr/their authorized capacity(ics), and that by his/hef/th«fr signature^) on the instrument the person^S), 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^ Susan Leggitt, Notary Public (Seal) SUSAN LEWEITT [ COMM. #1927499 ' Notary PuWic - California § San Diego County •? My Comm. Expires Mar. 29,2015 f POA #: J31C023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay, Dwight Reilly its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following : resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INSURANCE COMPANY State of Texas ss: County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, beingxby me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC mSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO 'r'!\ Notary Public, State of Texas: MyCommission Expires May 18, 2013 aldonado, Notary Public Vly comi-nsion expires May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2nd day of August 2011 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. H-icMIUM IS FOB CONTRACT TFRM AND IS SU3JECT TO ADJUSTMENT w™,i M SASEDONFlNALCONTRACTPRra B°nd N°'P Premium: $3,274.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2011- 175, adopted July 26, 2011, has awarded to New Century Construction, Inc. (hereinafter designated as the "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in 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, NEW CENTURY CONSTRUCTION, INC., as Principal, (hereinafter designated as the "Contractor"), and SureTec Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Fifty One Thousand Six Hundred Fifteen Dollars ($151,615), 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. Am¥ Revised 06/10/09 Contract No. 6607 Page 38 of 171 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 f_ day of /hA^ , 20i/ . CONTRACTOR: New Century Construction, Inc. (name of Contractor) By: (sign here) f- (print name here) (Title and Organization of Signatory) By:V^rw»* (sign here) Executed by SURETY this 2nd day of August 2011 SURETY: SureTec Insurance Company (name of Surety) 3033 5th Avenue, Suite 300 San Diego, CA 92103 (address of Surety) (800) 288-0351 (telephone number of Surety) By: (signature of Attorney-in-Fact) Dwight Reilly (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: DepaVCity"Alforney Revised 06/10/09 Contract No. 6607 Page 39 of 171 Pages ACKNOWLEDGMENT State of California County Of Orange On August 2, 2011 before Die, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reiiiy who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i subscribed to the within instrument and acknowledged to me that he/sft§$ftgy executed the same in his/ftS($fieir authorized capacity(S§§), and that by his/hej$fceir 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 Susan Pugh (Seal) SUSAN PUGH K COMM. #1934229 n Notary Public-California ~ ORANGE COUNTY - My Comm. Expires Apr 29,2015^ State of California J On . before me, ACKNOWLEDGMENT _ .. . ure* on the instrument the. e 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. Stature. Susan Leggitt, Notary Public (Seal) SUSAN LEGGITT I COMM. #1927499 I Notary Public - California »San Diego County 2 y Comm, Expires Mar. 29.2015 > POA#: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay, Dwight Reilly its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following ; resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'1' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INSURANCE COMPANY State of Texas County of Harris ss: By: John resident On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public, State of Texas My Commission Expires May 18, 2013 lacqfielyn/Maldonado, Notary Public My commission expires May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston. Texas this 2nd day of August 2011 , A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. OPTIONAL ESCROW AGREEMENT FOI SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between/me City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008/nereinafter called "City" and whose address is / ~ hereinafter called "Contractor" and / / whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the JZfity, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263/6f 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 CORRUGATED METAL PIPE REPLACEMENT PROGRAM (Holly Brae Lane/El Camino Real, Highland Drive/James Drive and Mallorca Place Storm Drains) CONTRACT NO. 6607 / in the amount of/ / dated (hereinafter referred to as the "Contract'ljMfernatively, 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 No. 6607 Page 40 of 171 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 fron/City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdraw^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 }fte 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 escYow shall be closed immediately upon disbursement of all moneys and securities on deposit and/payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City:Title FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faraday Avenue, Carlsbad. CA 92008 Title Name For Escrow Agent Signature Address _ Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 06/10/09 Contract No. 6607 Page 41 of 171 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address >200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor: Name Signature Address For Escrow Agent:Title Name Signature Address Revised 06/10/09 Contract No. 6607 Page 42 of 171 Pages GENERAL PROVISIONS FOR (HOLLY BREA LANE/EL CAMINO REAL, HIGHLAND DRIVE/JAMES DRIVE, AND MALLORCA PLACE STORM DRAIN) CONTRACT NO. 6607 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless 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. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 8/10/10 Contract No. 6607 Page 43 of 171 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 Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 8/10/10 Contract No. 6607 Page 44 of 171 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. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 8/10/10 Contract No. 6607 Page 45 of 171 Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". Revised 8/10/10 Contract No. 6607 Page 46 of 171 State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. A•^ Revised 8/10/10 Contract No. 6607 Page 47 of 171 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 APIS 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 CML 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 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 GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole Revised 8/10/10 Contract No. 6607 Page 48 of 171 GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamppost LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb 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 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 STR Straight STR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain Revised 8/10/10 Contract No. 6607 Page 49 of 171 SY Square yard USA Underground Service Alert T Telephone VAR Varies, Variable TAN Tangent VB Valve box TC Top of curb VC Vertical curve TEL Telephone VCP Vitrified clay pipe TF Top of footing VERT Vertical TOPO Topography VOL Volume TR Tract VWD Vallecitos Water District TRANS Transition W Water, Wider or Width, as applicable TS Traffic signal or transition structure WATCH Work Area Traffic Control Handbook TSC Traffic signal conduit Wl Wrought iron TSS Traffic signal standard WM Water meter TW Top of wall WPJ Weakened plane joint TYP Typical XCONN Cross connection UE Underground Electric XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 8/10/10 Contract No. 6607 Page 50 of 171 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 (ft ) ................................................................................. 0.0929 square meter (m)1 square yard (yd) ............................................................................... 0.8361 square meter (m) 1 cubic foot (ftY ................................................................................... 0.0283 cubic meter (m3)1 cubic yard (yd ) .................................................................................. 0.7646 cubic meter (m) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal second (Pa s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm /s) 1 pound force (Ibf) ....................................................................... . ........ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ......... : ................ ............................................. Degree Celsius (°C): °F = (1.8x°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) Common Metric Prefixes kilo(k) ................................ ................................................................... 103 centi(c) ................................................................................................. 10~2 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 8/10/10 Contract No. 6607 Page 51 of 171 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the 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 Revised 8/10/10 Contract No. 6607 Page 52 of 171 Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment 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. Revised 8/10/10 Contract No. 6607 Page 53 of 171 Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of two (2) sets. The first set is designated as City of Carlsbad Drawing No. 463-7A and consists of five (5) sheets. The second set is designated as City of Carlsbad Drawing No. 471-2A and consists of one (1) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter Revised 8/10/10 Contract No. 6607 Page 54 of 171 designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any 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) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications, h) California Manual on Uniform Traffic Control Devices (CAMUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Revised 8/10/10 Contract No. 6607 Page 55 of 171 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. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending 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, Revised 8/10/10 Contract No. 6607 Page 56 of 171 can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section 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 Revised 8/1 0/1 0 Contract No. 6607 Page 57 of 1 71 manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is 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 Revised 8/10/10 Contract No. 6607 Page 58 of 171 establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Revised 8/10/10 Contract No. 6607 Page 59 of 171 Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10 m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, © Curb Traffic Signal (D Stake Description (D SDRSM-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing®, © <1000", Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at %A, 1/zA & "A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk Lateral Spacing ®, ® on street centerline at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1 'Verticals Horizontal 0.1' Horizontal 0.1 'Verticals Horizontal V Horizontal & V Vertical J/a" Horizontal & V Vertical J/8" Horizontal & V Vertical V Horizontal & V4" Vertical Revised 8/10/10 Contract No. 6607 Page 60 of 171 Feature Staked Signal Poles & Controller © Junction Box CD Conduit © Minor Structure © Abutment Fill Wall® Major Structure © Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading © Utilities ©, ® Channels, Dikes & Ditches © Signs © Subsurface Drains © Overside Drains © Markers © Railings & Barriers ® AC Dikes © Box Culverts Pavement Markers® Stake Description ® RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, ® at each pole & controller location at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression ® < 50' & along end slopes & conic transitions < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R$ 1000'. At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves when R < 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation joints on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will Lateral Spacing ®, ® as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location (s) Setting Tolerance (Within) V Horizontal & V Vertical V Horizontal & V Vertical J/e" Horizontal & when depth cannot be measured from existing pavement V4" Vertical V Horizontal & V4" Vertical (when vertical data needed) 0.1 'Verticals Horizontal V4" Horizontal & V4" Vertical J/a" Horizontal & 74" Vertical "/a" Horizontal & '/4" Vertical 0.1 'Verticals Horizontal J/a" Horizontal & V4" Vertical 0.1' Horizontal & '/4" Vertical 0.1 'Verticals Horizontal 0.1' Horizontal & '/4" Vertical 0.1' Horizontal & V4" Vertical 74" Horizontal °/a" Horizontal & Vertical 0.1' Horizontal & Vertical "la" Horizontal & V4" Vertical V4" Horizontal Revised 8/10/10 Contract No. 6607 Page 61 of 171 Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® suffice Lateral Spacing ®, ® Setting Tolerance (Within) © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. 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. Revised 8/10/10 Contract No. 6607 Page 62 of 171 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 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. Revised 8/10/10 Contract No. 6607 Page 63 of 171 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. Revised 8/10/10 Contract No. 6607 Page 64 of 171 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement 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 Revised 8/10/10 Contract No. 6607 Page 65 of 171 compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all 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 Revised 8/10/10 Contract No. 6607 Page 66 of 171 nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included- are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1 . Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 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: Revised 8/1 0/1 0 Contract No. 6607 Page 67 of 1 71 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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." Revised 8/10/10 Contract No. 6607 Page 68 of 171 By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. 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: Revised 8/10/10 Contract No. 6607 Page 69 of 171 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. 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. Revised 8/10/10 Contract No. 6607 Page 70 of 171 (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 Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 8/10/10 Contract No. 6607 Page 71 of 171 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in Revised 8/10/10 Contract No. 6607 Page 72 of 171 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. 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 Revised 8/10/10 Contract No. 6607 Page 73 of 171 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. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. Revised 8/10/10 Contract No. 6607 Page 74 of 171 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using Revised 8/10/10 Contract No. 6607 Page 75 of 171 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 investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 8/10/10 Contract No. 6607 Page 76 of 171 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 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. Revised 8/10/10 Contract No. 6607 Page 77 of 171 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 supplements. 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 Revised 8/10/10 Contract No. 6607 Page 78 of 171 utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the 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 ten (10) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the 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. A•^ Revised 8/10/10 Contract No. 6607 Page 79 of 171 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 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. 6-1.2.2 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. 6-1.2.3 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.2.4 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.3 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. Revised 8/10/10 Contract No. 6607 Page 80 of 171 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. Contractor shall substantially complete each storm drain segment: 1) Holly Brae Lane/El Camino Real; 2) Highland Drive/James Drive; and 3) Mallorca Place. Substantially complete shall be defined as follows: 1. Holly Brae Lane/El Camino Real - all hardscape improvements 2. Highland Drive/James Drive - all hardscape improvements 3. All improvements associated with pipelines including grouting/point repairs and CCTV. 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 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 Revised 8/10/10 Contract No. 6607 Page 81 of 171 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 it's Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. Revised 8/1 0/1 0 Contract No. 6607 Page 82 of 1 71 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. 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 fifty five (55) 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, Revised 8/10/10 Contract No. 6607 Page 83 of 171 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. 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 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 two hundred fifty ($250.00). 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. Revised 8/10/10 Contract No. 6607 Page 84 of 171 Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty ($250.00).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. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 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. Revised 8/10/10 Contract No. 6607 Page 85 of 171 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 demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are not required for this project. The projects are exempt as follows: A. Holly Brea Lane/El Camino Real & Highland Drive/James Drive DWG 463-7A, Sheet 1 to 5 of 5 1. The two project areas are located in the coastal zone. However, repair and maintenance activities not described in C.M.C Section 21.201.070 do not require a Coastal Development Permit. This includes repair and maintenance activities that are not located in sensitive habitat areas or adjacent to coastal bluffs or waters. The project is within existing improved and developed areas. In addition, no increase in capacity will occur with the lining and maintenance project and therefore the project will not require a Coastal Development Permit. Revised 8/10/10 Contract No. 6607 Page 86 of 171 2. No trees or sensitive habitat will be disturbed by the project. 3. The project will not need any permits from Planning. 4. The project is exempt from environmental review per CWQA Guidelines Section 15301(b), concerning repair and maintenance of existing facilities. B. Mallorca Place DWG 471-2A, Sheet 1 of 1 1. This project is located outside the Coastal Zone and therefore will not need a Coastal Development Permit. 2. The project is located on a hillside, but is exempt from a Hillside Development Permit per Section 21.95.040A.3. which exempts from the permit requirement the development of underground utilities. The project will return the slope to the condition it was in prior to the storm drain damage. 3. The project is exempt from California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(b), concerning repair and maintenance of existing facilities. 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. Revised 8/10/10 Contract No. 6607 Page 87 of 171 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to 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 Revised 8/10/10 Contract No. 6607 Page 88 of 171 governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009-0009-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. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. 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 Revised 8/10/10 Contract No. 6607 Page 89 of 171 operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. 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. Revised 8/10/10 Contract No. 6607 Page 90 of 171 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. 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 "A", "B"& C. 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. i Revised 8/10/10 Contract No. 6607 Page 91 of 171 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 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 Revised 8/10/10 Contract No. 6607 Page 92 of 171 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 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 6', nor operate equipment within 2' from any traffic lane occupied by traffic. For equipment the 2' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written 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 Revised 8/10/10 Contract No. 6607 Page 93 of 171 removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one 12' wide lane, except Highland Drive where minimal lane width is 10' 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. 7-10.3.3.1 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 7-10.3.3.1.1 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: 7-10.3.3.1.2 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. Revised 8/10/10 Contract No. 6607 Page 94 of 171 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: 7-10.3.3.1.3 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. 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 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 Revised 8/10/10 Contract No. 6607 Page 95 of 171 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 4 and 5 of Drawing 463-7A of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheet(s) 4 and 5 of Drawing 463-7A The level of detail, format, and graphics shall be of quality and size no less than shown on sheets 4 and 5 of Drawing 463-7A. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be Revised 8/10/10 Contract No. 6607 Page 96 of 171 made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 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: Revised 8/10/10 Contract No. 6607 Page 97 of 171 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. 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, Revised 8/10/10 Contract No. 6607 Page 98 of 171 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 and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel are not required. 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 weignmaster'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. Revised 8/10/10 Contract No. 6607 Page 99 of 171 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the 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. Revised 8/10/10 Contract No. 6607 Page 100 of 171 Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment 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. Revised 8/10/10 Contract No. 6607 Page 101 of 171 As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, 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 Revised 8/10/10 Contract No. 6607 Page 102 of 171 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. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item Descriptions: Schedule "A" Mobilization (not to exceed $5,000) (Bid Item No. A-1) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits if applicable. 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs.. 5. The movement of personnel, equipment, supplies, and incidentals to all project sites. 6. Developing and installing construction water supply. 7. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. A•K Revised 8/10/10 Contract No. 6607 Page 103 of 171 The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the unit price bid, which shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: For the first progress payment (after issuance of Notice to Proceed), forty percent (40%) of the amount bid for mobilization will be allowed. For the second or final payment an additional sixty (60%) percent of the amount bid for mobilization will be allowed. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. The contract unit price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. Traffic Control (Bid Item No. A-2) Lump Sum The Contract lump sum price paid for the traffic control system shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans and revisions for all sites including Holly Brae Lane (El Camino Real) and Highland Drive/James Drive, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate. Storm Water Pollution Prevention Plan (Bit Item A-3) Lump Sum The contract lump sum price paid for the SWPPP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approvals, revising and amending the SWPPP, and installing, construction, maintaining, removing and disposing of BMPs as shown in the SWPPP, and as directed by the Engineer, and no additional payment will be made therefor. Payment for preparation, implementation and monitoring of the SWPPP shall be included in the lump sum price bid; payment will be made on a basis of the percentage of work completed on the entire project. The lump sum bid price shall include payment of application and annual fees required by the SWRCB until the date of the projects' substantial completion and no additional compensation shall be allowed therefor. 10-inch Cured-in-Place-Liner (Bid Item No. A-4) Linear feet 18-inch Cured-in-Place-Liner (Bid Item No. A-5) Linear feet Revised 8/10/10 Contract No. 6607 Page 104 of 171 The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, and incidentals to perform the work to install Cured-in-place Pipeline liner in accordance with the contract documents. Work includes, but is not limited to furnishing submittals, furnishing and installing materials, curing materials, performing testing, re- establishing and sealing connections, re-establish and seal lateral connections, providing notifications to affected property owners, providing curing log and printout, and video, cleanup, and all other work for a complete and fully functional installation. No additional compensation will be allowed therefor. Construct Concrete Curb and Gutter per SDRSD G-2 (Bid Item No. A-6) Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and install Concrete Curb and Gutter in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing G-2, and the contract documents. This includes, but is not limited to, survey, extension or removal of existing pipe (as necessary), making connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb inlet, painting "No Dumping" per Appendix D, remove and replace curb and gutter, and no additional compensation will be allowed therefor. Construct Type B Curb Inlet per SDRSD D-2 (Bid Item No. A-7) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to furnish and install Type B Curb Inlet in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing D-2, and the contract documents. This includes, but is not limited to, survey, extension of existing pipe if necessary, making connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb inlet, painting "No Dumping" stencil per Appendix I, remove and replace curb and gutter, and no additional compensation will be allowed therefor. Construct Type A-6 Cleanout per SDRSD D-9 (Bid Item No. A-8) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to furnish and install a Type A-6 cleanout in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing D-9, and the contract documents. This includes, but is not limited to, survey, potholing, extension of existing pipe if necessary, removal of conflicting existing pipe, making connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement, and no additional compensation will be allowed therefor. Construct AC Dike per SDRSD G-5 Type B (Bid Item No. A-9) Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and install AC Dike in accordance the detail on the plans and San Diego Regional Standard Drawing G-5 Type B, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent, remove and relocate existing mailbox, and no additional compensation will be allowed therefor. Pre- and Post-Construction CCTV Inspection (Bid Item No. A-10) Lump Sum The contract unit price paid for this bid item shall constitute full compensation for all work to prepare and deliver pre- and post-construction CCTV inspection of the subject pipe rehabilitations in accordance with these contract documents. This includes, but is not limited to, cleaning pipeline, providing equipment, camera set-up, taping, printout of pipe condition, and delivery of DVD, and no additional compensation will be allowed therefor. Revised 8/10/10 Contract No. 6607 Page 105 of 171 Private Property Improvement Restoration (Bid Item No. A-11) Each The contract unit price paid for this bid item shall constitute full compensation for all work to protect in place and repair any damaged landscape or irrigation in accordance with the plans and the contract documents. This includes, but is not limited to restoration of landscaping or items disturbed for construction, and no additional compensation will be allowed therefor. Point Repair or Grout Voids (172-feet) (Bid Item No. A-12) Each The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and provide point repairs from approximately stations 12+08 to 12+45 and 13+24 to 14+49 along the Holly Brae/El Camino Real drain line in accordance with the plans and contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, point repair or grouting of the identified hole, and no additional compensation will be allowed therefor. AC Paving (Bid Item No. A-13) Square Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and provide asphalt and aggregate base paving in accordance with the plans, specifications, and contract documents. This includes, but is not limited to, survey, excavation, forming, aggregate base and asphalt paving, grinding and compaction, and no additional compensation will be allowed therefor. Construct Local Depression Per City of Carlsbad Std. Dwg. DS-01 (Bid Item No. A-14) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and construct local depression per City of Carlsbad Std. Dwg. DS-01 in accordance with Sections 201-1, 300-1, 300-2 and 303-5, the detail on the plans and Carlsbad Standard Drawing DS-01, and the contract documents. This includes, but is not limited to, surveying, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement, transition paving from existing AC to new concrete and potholing, and no additional compensation will be allowed therefor. Point Repair or Grout Voids (20-feet) (Bid Item No. A-15) Each The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and provide point repairs from approximately station 11+69 to 11+89 along the Highland Drive/James Drive drain line in accordance with the plans and contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, point repair or grouting of the identified hole, and no additional compensation will be allowed therefor. Revised 8/10/10 Contract No. 6607 Page 106 of 171 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the 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(1l/2") 19-mm(3/4") 12.5-mrr\Cl2") 9.5-mm (3/8") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 :age Passing Type B 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 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-um (no. 200) 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 8/10/10 Contract No. 6607 Page 107 of 171 200-2 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 re- quirements 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. A•^ Revised 8/10/10 Contract No. 6607 Page 108 of 171 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. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a Yz" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each cRevised 8/10/10 Contract No. 6607 Page 109 of 171 product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPM"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 ASTM D 36 ASTM D 113 ASTM D 92 ASTM D 4402 Results 3.5 mm, max. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C, 150g, 5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, Revised 8/10/10 Contract No. 6607 Page 110 of 171 SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +1-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage, add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. Revised 8/1 0/1 0 Contract No. 6607 Page 1 1 1 of 1 71 SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1,3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 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 Revised 8/1 0/1 0 Contract No. 6607 Page 1 1 2 of 1 71 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. 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. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m(7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. Revised 8/10/10 Contract No. 6607 Page 113 of 171 e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). Revised 8/10/10 Contract No. 6607 Page 114 of 171 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions mm (inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57x57 64x64 51 x76 (1x1) (11/4x11/4) (lV2x11/2) (13/4x13/4) (2x2) (23/16x23/16) (21/4x21/4) (21/2 x 21/2) (2x3) Outside Tolerance for All Sides at Corners mm (inches) 0.13 0.15 0.15 0.20 0.20 0.25 0.25 0.25 0.25 0.005 0.006 0.006 0.008 0.008 0.010 0.010 0.010 0.010 TABLE 206-8.2(6) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57x57 64 x 64 51 x76 (1x1) (1-1/4x1-1/4) (1-1/2x1-1/2) (1-3/4x1-%) (2x2) (2-3/16x2-3/16) (2-1/4 x 2-1/4) (2-1/2 x 2-V2) (2x3) Squareness'1' mm (Inches) 0.15 0.18 0.20 0.25 0.30 0.36 0.36 0.38 0.46 0.006 0.007 0.009 0.010 0.012 0.014 1.014 0.015 0.018 Twist Permissible in 900 mm (3") mm(2) (lnches)(2) 1.3 1.3 1.3 1.6 1.6 1.6 1.6 1.9 1.9 0.050 0.050 0.050 0.062 0.062 0.062 0.062 0.075 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III 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 - Revised 8/10/10 Contract No. 6607 Page 115 of 171 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. 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. Revised 8/10/10 Contract No. 6607 Page 116 of 171 SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2- 5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Layout Drawings Manufacturer's tests Mill Reports or Plant Test Reports Fabrication Details Dimensional Checks Protective Coatings Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. Revised 8/10/10 Contract No. 6607 Page 117 of 171 The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Temporary Railing type (K) Pre-reatment / Surface Preparation Abrasive Blast Cleaning to a Roughened, Textured Appearance Primer None Finish Coats Two coats white Acrylic Emulsion Paint (1) (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT- P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 213 - ENGINEERING FABRICS 213-2GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Revised 8/10/10 Contract No. 6607 Page 118 of 171 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. TABLE 214-5.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Markers Overlay Davidson Tacoma, Traffic Contro WA 98424, (877) Products, 335-4638 3110 70ih Avenue East, 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. Revised 8/10/10 Contract No. 6607 Page 119 of 171 TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Safe-Hit SH336SMA Carsonite " SDR3036 Repo "The Super Duck" Replaceable Post" Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1 1 00 Chicago, IL 60602 (800) 537-8958 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC29916 (800)648-7916 Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. 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 and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. Revised 8/10/10 Contract No. 6607 Page 120 of 171 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. 300-2.2.1 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 Revised 8/10/10 Contract No. 6607 Page 121 of 171 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. 300-2.6 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. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Tier 1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Tier 1 Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP," attached as Appendix "F". 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 Tier 1 SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Location of template: http:/www.carlsbadca.gov/business/building/Documents/EngStandsw-stds-vol4-ch3.pdf Add the following section: 300-13.1.3 Payment. The Contractor shall provide storm water pollution prevention at the contract lump sum bid price. The contract lump sum price paid for "storm water pollution prevention" shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of Revised 8/10/10 Contract No. 6607 Page 122 of 171 storm water pollution prevention control plans, placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the storm water pollution control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements, and/or new storm water pollution preventions plan designs shall be included in the lump sum bid and no additional payment will be made therefore. Progress payments for "Storm Water Pollution Prevention" will be based on the percentage of the improvement work completed. 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. 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: Revised 8/10/10 Contract No. 6607 Page 123 of 171 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 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Add the following section: 302-11.4. Measurement and Payment. Quantities of AC Paving set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. Full compensation shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing of A•K Revised 8/10/10 Contract No. 6607 Page 124 of 171 existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental to AC paving and shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. 302-12 AC Dike 302-12.1 General Requirement. Type 3D PG-70-10 grade asphalt shall be used for all dikes. The combined aggregate grading for asphalt concrete placed for AC Dike shall conform to that specified for the asphalt concrete placed on the traveled way, unless directed by the Engineer. The amount of asphalt binder used in the asphalt concrete placed in dikes, unless directed by the Engineer, shall be increased one percent by weight of the aggregate over the amount of asphalt binder used in the asphalt concrete placed on the traveled way. 302-12.2 Placement Dikes shall be shaped and compacted with an extrusion machine or other equipment capable of shaping the compacting to the required lines, grades and cross section. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 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. A•^ Revised 8/10/10 Contract No. 6607 Page 125 of 171 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 = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph^ + SLOPE X 100] X LANES 1000 5 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 Revised 8/10/10 Contract No. 6607 Page 126 of 171 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. 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 %") 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. Revised 8/10/10 Contract No. 6607 Page 127 of 171 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 n) 0.3m (10") 0.6m (23") 0.8m (31") 1.0m (41") 1.6m (63") Minimum Plate Thickness 13mm (V2") 19mm (J/4") 22mm C/8") 25mm CQ 32 mm (1 %") (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. 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. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe, add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General, add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall density 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 Revised 8/10/10 Contract No. 6607 Page 128 of 171 for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (%") 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. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-1 GENERAL Add the following: The Contractor shall maintain all landscape and private property surrounding the construction to the greatest extent possible. Any landscape, plants, walls, or steps stones disturbed shall be restored to pre-construction condition. 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, Am¥ Revised 8/10/10 Contract No. 6607 Page 129 of 171 from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300mm (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 Revised 8/10/10 Contract No. 6607 Page 130 of 171 approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. 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: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/16") 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. Revised 8/1 0/1 0 Contract No. 6607 Page 1 31 of 1 71 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 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 Revised 8/1 0/1 0 Contract No. 6607 Page 1 32 of 1 71 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. Revised 8/10/10 Contract No. 6607 Page 133 of 171 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 5, SYSTEM REHABILITATION SECTION 500 - PIPELINE 500-1.1.1 GENERAL: ADD the following: Pipeline rehabilitation construction of existing CMP or RCP storm drain shall be conducted the following: 1. Cured-in-place Pipe Liner (CIPP) shall conform to Section 500-1.4. All structural requirements as they pertain to each specific installation shall be approved by the CITY prior to installation. The CONTRACTOR shall comply with all confined space entry, and other safety regulations, including but not limited to CalOSHA, OSHA and NIOSH. The CONTRACTOR shall demonstrate that a minimum of five (5) miles, on a single project, of work similar in scope, has been successfully performed by the CONTRACTOR using the CONTRACTOR'S proposed rehabilitation system for this project. Should CIPP be utilized, the past project shall have used the proposed resin and felt combination. The Contractor's Project Manager and Superintendent shall be assigned full time to this project and be present in the City while WORK is being performed. The proposed Rehabilitation process shall be proven technology, which is defined as a minimum of 500,000 linear feet of successful wastewater collection system installations in the U.S. and must be documented to the satisfaction of the Owner. The Rehabilitation installation work done under this specification shall be subject to inspection by the CONSTRUCTION MANAGER. All parts of the work shall be accessible to the CONTRACT MANAGER. Defective work shall be corrected to the satisfaction of the CONTRACT MANAGER. ADD Subsection 500-1.1.1.1 DESIGN CRITERIA AND TESTING REQUIREMENTS: All pipe shall be designed per ASTM 1216 and 1743. All design calculations shall be provided to the Owner in the form of a submittal for review. The lining system utilized shall incorporate a seamless or fused (chemically or heat) seamed liner system between manholes and shall be a tight molded liner with an annulus gap not greater than 1/32 - inch. The cut ends of the mainline liner inside inlets shall be fully sealed between host pipe and the liner. Am& Revised 8/10/10 Contract No. 6607 Page 134 of 171 500-1.1.2 SUBMITTALS: Add the following: Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit manufacturer's certificate(s) indicating that the supplied materials meet the requirement of the Specifications, and a certificate of compliance from an independent, third part lab that proposed resin/tube composite meets the chemical resistance requirements of ASTM D5813 and that the creep reduction factor used for the long term flexural modulus calculation has been verified by testing per ASTM D790. The installation of the storm drain lining shall Joe performed by a CONTRACTOR licensed/certified by the manufacture/owner of the process. The CONTRACTOR is required to submit for all manufacturers for which they are licensed/certified a copy of the license and a letter from the manufacture stating the name, address, point of contact, and telephone number for City's verification. Failure to provide this complete documentation within 10 calendar days of receipt of the Award of Contract will be cause for delay of contract award and will result in the bid being declared non-responsive. Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit contractual required documentation that a minimum of five (5) miles, on a single project, of work similar in scope for the CIPP rehabilitation methods proposed, has been successfully performed by the CONTRACTOR and its personnel assigned to the liner installation and curing, utilizing the CONTRACTOR'S proposed rehabilitation system for this project. The CONTRACTOR shall identify the employees i.e. Project Manager, Superintendent, Foreman, etc.; that will be assigned to this project and provide reference. The CONTRACTOR'S Project Manager and Superintendent shall be assigned full time to this project and be present in the City while work is being performed. Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit contractual required documentation of 500,000 linear feet of successful stormwater collection system installations in the U.S. of the proposed rehabilitation system to satisfy the contractual requirement of the products commercial viability and CONTRACTOR capability. Within five (5) days after Award of Contract, the CONTRACTOR shall submit to the City, Design Calculations for the pipe liner for approval. The Design Calculations shall be in accordance with ASTM F1216, Appendix X1 for fully deteriorated pipe. The pipe liner shall be designed to support hydraulic, soil, and live loads based on a minimum 10' burial depth to top of pipe and highway loading per AASHTO. If local conditions impose greater loads, the greater loads shall be used. Local conditions may include depth greater than 10 feet, groundwater or other loadings. Prior to rehabilitation, the CONTRACTOR shall submit drawings of construction details and all other submittals per 2-5.3. The shop drawings shall include the location and method of rehabilitation with sufficient detail to assure that the work can be accomplished without damage to the surrounding area. For CIPP Glass Reinforced Plastic (GRP) liner, the shop drawings shall detail short and long term properties (providing all supporting rest data) of all component materials and construction and recommendations for material storage and temperature control, CIPP liner handling, insertion, curing, trimming and finishing. The submittal shall also include structural calculations for the liner size, the recommended thicknesses, and the method and equipment used. Provide A•^ Revised 8/10/10 Contract No. 6607 Page 135 of 171 detail method for addressing sampling requirements, including manufacturer's recommended installation procedures. At each repair location, at least two days prior to commencing the rehabilitation work, the CONTRACTOR shall submit written verification the pipe sections to be rehabilitated are free of obstructions, debris and is suitable for performing the pipe liner restoration repairs. 500-1.1.4 CLEANING AND PRELIMINARY INSPECTION: DELETE the last sentence of the last paragraph and ADD the following: Should hazardous waste material be encountered, the CONTRACTOR shall be responsible for developing a health and safety plan for the handling and disposal of hazardous waste. Any hazardous waste material encountered during the project shall be placed on eight (8) mil plastic sheet and covered with eight (8) mil plastic sheet. The CONTRACTOR shall protect any hazardous waste from contaminating the area due to any surface runoff and/or precipitation. The Contractor shall dispose of the waste at a landfill approved by the City. If temporary stockpiling of hazardous waste is allowed by the Engineer, the CONTRACTOR shall contain the waste in a fenced area that is inaccessible to the general public. The CONTRACTOR shall examine the site conditions to determine if pipeline re-cleaning may be necessary immediately prior to pipeline rehabilitation. Site conditions include, but are not limited to size of pipe, type of pipe, age, and conditions of pipe, grade, flow conditions, weather conditions, locations and number of feeder lines connecting to the line to be rehabilitated and the type of rehabilitation method chosen are all important considerations for determining the maximum allowable time lapse between line cleaning and line rehabilitation. The CONTRACTOR shall examine the site conditions. Site conditions include, but are not limited to size, of pipe, type of pipe, age and condition of pipe, grade, flow conditions, weather conditions, location, and the type of rehabilitation method chosen and are all important considerations for determining the maximum allowable time lapse between line cleaning and line rehabilitation. 500-1.1.5 TELEVISION INSPECTION: ADD the following: The CONTRACTOR shall videotape the pipeline and submit on DVD format for OWNER'S review at the following: • Pre-construction of areas adjacent to construction • post cleaning of the storm drain, • post lining of the storm drain • final video shall include: post main lining, and post sealing of mainline cut ends at inlets. Final videotaping shall be performed after complete system installation and five (5) days prior to the final walk through inspection. Final color video shall be submitted on DVD format. The camera head shall have a rotary head with rotational, pan and tilt movement in order to allow a full circumferential inspection and observe all portions of the pipeline. It shall have a high resolution lens capable of spanning 360 degrees circumference and 270 degrees on a horizontal axis to televise pipelines. Optical focal distance shall be adjustable through a range Revised 8/10/10 Contract No. 6607 Page 136 of 171 of 1-inch to infinity. The camera source image capture shall provide a high resolution image with a minimum of 320x240 pixels capture. The camera shall clearly show all conditions and defects. The purpose of the rotating head camera is to view all service connections, and to locate all defects, as well as any pipeline problem conditions. The CONTRACTOR shall stop for at least 15 seconds to properly document the condition of the lateral, size and location, and observed structural defects such as misalignment, offset joints, protruding lateral taps, cracked pipe, roots in pipe, roots from laterals, sages in profile, and other pertinent observations as they are encountered. The camera will pause as necessary and pan/tilt/rotate to clearly show manhole condition and structural defects from the channel and lower manhole area to the upper manhole area as viewable by the camera. The video shall be of a high resolution quality, to be viewed on DVD reader system. Lettering 3/8- inch high and internal approval stamps of pipe manufacturers shall be clearly readable on the video. Continuously displayed on the monitors and recorded on the video shall be the date of the survey, number designation of the manhole section being surveyed, identified fault conditions and a continuous forward and reverse read-out of the camera distance form the manhole of the reference, Pipe conditional and fault information tied to pipe location shall also be recorded in the Report Access database record associated with each video. This information shall be in tabular form, and include but not be limited to the following information: pipeline run from upstream to downstream manhole, location of defects in feet from upstream manhole, description of the defect, and other pertinent information. Location records shall also show all lateral connections. The camera operator shall record all fault conditions and other required information as an audio commentary on the tape. The audio portion of the file shall be sufficiently free from electrical interference and/or background noise so that the narration is completely intelligible. The audio shall remain accurate to the original source voice through the digital video processing. The audio narrative shall describe all notable defects found including the location in feet from the upstream manhole and type of each defect. A QA/QC procedure by the CONTRACTOR shall be developed to ensure high quality results from the televising. The CONTRACTOR shall provide reports of inspection results of pipeline televising and conditional assessments utilizing reporting software that is compatible with OWNER format requirements. The reporting software shall utilize a Microsoft Access Database. The inspection reports shall incorporate and utilize a standardized NASSCO PACP rating system to be provided for comprehensive evaluation of pipeline and/or manhole condition, i.e. a standardized listing of facility condition and defect codes. The report shall utilize a Microsoft Access Database. The CONTRACTOR shall provide digital photos of representative pipeline conditions, captured during the CCTV televising. Representative photos of pipeline conditions shall be taken with a minimum of four (4) photos for every section of pipeline between manholes. In addition, photos shall be taken of serious defect locations, with these defects to be defined by the OWNER. When these conditions are noted, the CONTRACTOR shall notify the OWNER of the need for emergency repair requirements. The Digital photo files shall be annotated with the pipeline Revised 8/10/10 Contract No. 6607 Page 137 of 171 number and station of the defect. Photos shall be attached to the inspection reports to be provided in both hard copy and in an electronic format consistent with OWNER requirements. Within two (2) working days after the television inspection of each individual reach documented on a particular videotape, the CONTRACTOR shall deliver to the ENGINEER the DVD for review. Three (3) working days shall be allowed for the City to judge whether the deficiencies are repairable, in place. If the judgment is made that the deficiencies are non-repairable in place, the affected portion(s) shall be reconstructed. Due to the nature of the work, the CONTRACTOR shall provide a self-propelled camera, capable of extended videotaping lengths and operation in remotely accessed areas without direct vehicular access. The CONTRACTOR shall provide all video (with audio) in digital file format on DVDs. The CONTRACTOR shall provide an initial submittal at the start of televising work demonstrating the typical video and audio quality to be provided for approval by the OWNER. This submittal shall note any proposed changes to the specification listed below regarding video format, data processing compression or other condition for review and approval by the OWNER. One file shall be provided for each manhole to manhole pipe segment (or for each manhole to manhole inspection video). The filename shall incorporate the unique facility identifier (to be provided by the OWNER) and the date of the inspection. The facility identifier numbers will be manhole numbers, with adjacent manhole numbers identifying pipe sections. A single video record on DVD disc shall be provided for each pipe section. The camera source image capture shall provide a high resolution image with minimum of 320x240 pixels capture. The video shall be at least 23.97 frames per second. The video will be captured and compressed so as to reduce file size as much as possible while still meeting the needs of the OWNER. The compression shall be per MPEG-2 format. The video files shall be highly compressed, resulting in an anticipated average file size of 10 MB per minute of video. The compression shall not significantly degrade the still frame quality of the video or audio signal from the original source video, as judged in a side by side viewing under normal viewing conditions. OWNER staff will be responsible for integrating the digital files within applications to facilitate access and vexing of the video files by end users. Continuously displayed and recorded on the final video shall be the actual ID of the newly rehabilitated pipe shown. The pipe size shall be determined by field measurement of the installed system. 500-1.1.6 SAMPLING. TESTING AND INSTALLATION: Add the following: The CONTRACTOR shall perform tests on all rehabilitated facilities and submit test results for the review and approval of the Engineer. Pipe sections for sampling shall be produced by the A•K Revised 8/10/10 Contract No. 6607 Page 138 of 171 restrained sample method at a location of convenient access, unless other methods are approved in writing by the Engineer. Pipe liner samples shall be prepared and physical properties tested in accordance with either ASTM F1216, ASTM F1743, and/or ASTM F2019. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. Visual inspection of the pipe liner shall be in accordance with ASTM F1743, Section 8.6. The following parameters shall be assumed for the GRP liner design: 1. Modulus of soil reaction, E's = 1,500 psi (fully deteriorated) 2. Unit weight of soil= 140pcf 3. The minimum ovality for straight runs shall be 2.0 percent 4. ASSHTO H20 traffic loads 5. AREMA E-80 railroad loads 6. No allowance for ground water 7. Factor of Safety, N=2.0 For CIPP using GRP liner, the wall thickness of the material tube shall be ordered to the next standard 1.0 mm incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migration, the gap thickness of the wetting-out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnation. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the GRP flat plate sample using a method of measurement accurate to the nearest 0.005 inch. The cured sample shall be tested by an independent testing laboratory, as recommended by the CIPP liner manufacturer and approved by the Engineer, for the bending and tensile properties, as per ASTM D790 and ASTM D638 respectively. Unless otherwise noted, no separate compensation will be paid for testing; the testing costs are to be included in the related pay items. If the work shall fail to pass the tests, it is the Contractor's responsibility to correct the work and re-test with no additional compensation to the City. If within the warranty period, any section of the storm drain system is not acceptable due to subsequent excessive leakage or any other defects, although originally accepted, the Contractor shall repair or replace the affected portion at no cost to the City. It is understood that wrinkles in the finished liner pipe with GRP which cause a backwater of one (1) inch or more or reduce the hydraulic capacity of the pipe (Wrinkles which exceed five (5) percent of the pipe diameter) are unacceptable and shall be removed or repaired by the Contractor at no additional cost to the Owner, Wrinkles in the finished liner pipe that reduce the structural stability of the pipe are unacceptable. If a void between the wrinkle and the pipe exists, the Contractor shall repair or replace that section of the pipe at no additional cost to the Owner. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for review. If the Contractor fails to do such work as required, the Surety shall be liable for said costs of repair or replacement. 500-1.4.1 GENERAL: Revise the first sentence to Read: CIPP liner for rehabilitation of pipelines shall use an approved vinylester-resin-impregnated flexible tube installed by an inversion method using a hydrostatic head per ASTM F1216 or a Revised 8/10/10 Contract No. 6607 Page 139 of 171 pull in method per ASTM F1743, or a resin impregnated fiberglass (GRP) material tube with a plastic coated wearing surface per ASTM F2019 and F1216. CIPP GRP liner shall be Light Stream ™ as manufactured by International Pipe Lining Technologies, or approved equal. The minimum thickness for flexible tube shall comply with ASTM F1216, and F2019 and section 500-1.1.6 of these special provisions. 500-1.4.2 MATERIAL COMPOSITION AND TESTING: Add the following: Vinylester resign-impregnated CIPP liner felt shall have the following minimum physical properties: Flexural Strength (ASTMD 790) 4,500 psi Flexural Modulus (ASTMD 790) Initial: 250,000 psi Long Term: 125,000 psi GRP liner shall have the following minimum initial physical properties: Flexural Strength (ASTMD 790) 25,000 psi Flexural Modulus (ASTMD790) 1,300,000 psi The CIPP shall be designed as per ASTM F 1216, Appendix X1, with the following additional requirements: The CIPP design shall assume no bonding the original wall pipe. External Hydrostatic Design - Acceptable third party testing and verification of the enhancement factor, K, (equation 1- ASTM F 1216) shall be submitted the manufacturer and/or liner product. Sections 500-1.2.6, 500-1.4.4 and 500-1.4.6 are hereby added: 500-1.2.6 - INSTALLATION and FIELD INSPECTION: Add the following: CIPP using GRP liner installations requirements: The contractor shall not "wet-out" inliner at the construction site because of external influences such as heat, no possibilities to control vacuum and correct mixture of resin. The Contractor shall ensure that the pressure inside of the CIPP tube exceeds the pressure due to groundwater. The liner shall be installed by the pull/winch method. The contractor shall make sure that at no time resin can come in contact to the groundwater in cause of environmental issues. Preparing the old pipe or inversion of a preliner is part of the installation and is included without any additional costs. oRevised 8/10/10 Contract No. 6607 Page 140 of 171 Pull/Winch Method: Prior to pulling the liner in, a protective foil has to be installed. The 'liner tube shall be impregnated with resin and lowered into the manhole/inlet. The tube shall then be pulled into position within the existing pipe with the aid of a power winch that is equipped with a device to monitor the force and prevent excessive tension and tube elongation as determined by the liner manufacturer. The pipe shall then be inflated with air. The inliner has to be inspected immediately before starting the curing process. 500.1.4.4 CHEMICAL RESISTANCE: Add the following:: For GRP liner the chemical resistance tests should be completed in accordance with Test Method D543. Exposure should be for a minimum of one month at 73.4 degrees F. During this period, the CIPP test specimens should lost no more than 20 percent of their initial flexural strength and flexural modulus when tested in accordance with Section 8 of ASTM F 1216 or ASTM F1743, whichever is applicable, when subjected the following solutions: Chemical Solution Tap Water (pH 6-9) Nitric Acid Phosphoric Acid Sulfuric Acid Gasoline Vegetable Oil Detergent Soap Concentration, percent 100 5 10 10 100 100 0.1 0.1 sevenProof of meeting these requirements shall be provided the engineer for approval at least (7) days prior to commencement of work. 500-1.4.6 CURING-Add the following: For CIPP using GRP liner, pre-curing video inspection of the inflated liner must be recorder and the entire length of the liner must be recorded including the liner section that the light chain occupies at any one time. Two cameras must be located on the light chain, on the front and one on the rear of the light chain to insure the entire length of the liner has been properly inflated and any liner problems can be identified as the light curing device moves in the curing direction. Curing must be done under UV light only. The curing process shall follow a sep cure or similar approach recommended by the manufacturer and approved by the Engineer, and shall be held at the top step for an adequate length of time as determined by the liner manufacturer to ensure that he design physical properties are attained. Pressure temperature and curing process shall be monitored by both, computer and video at any time as determined by the liner manufacturer. A procuring video must be supplied of two views, one view of pre-liner inspection and the other a forward video during the curing process itself. ADD: 500-1.4.9 Defect Tolerances: During post installation video the new liner shall be examined to determine the existence of liner defects. Liner defects shall include but not be limited to fins, wrinkles, imperfections, areas of uncured resin, or areas of incomplete resin impregnation. A fin or wrinkle shall be defined as a cRevised 8/10/10 Contract No. 6607 Page 141 of 171 defect when it penetrates inside the pipe more than 1.50 inch from the inside wall curvature of the new liner that is juxtaposed to the fin or wrinkle. A remedial repair and/or replacement action plan shall be submitted by the Contractor to the Owner for review and approval for ANY defect prior to any corrective action. Failure to obtain Owner's approval of the corrective plan may result in rejection of the liner and replacement with a new liner or a new pipe (if required). 500-2.1.2 MEASUREMENT AND PAYMENT: ADD the following: The Contractor Unit Price bid shall also include the pipeline high-pressure water blasting and cleaning, and testing. Revised 8/10/10 Contract No. 6607 Page 142 of 171 APPENDIX "A" CITY OF CARLSBAD HOLLY BRAE LANE/EL CAMINO REAL STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carlsbad's ongoing program to maintain its storm drain system, rehabilitation of the storm drain from Holly Brae Lane to El Camino Real is scheduled in your neighborhood. This construction will require the partial closing of a portion of Highland Drive and James Drive for several weeks from MM/DD/11 to MM/DD/11 between the hours of XX AM to XX PM. In order to keep the street open, no on-street parking will be permitted between XX AM and XX PM Monday through Friday in the construction area. When walking to and from your car, remember not to walk on any newly paved street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the new asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the construction for the city and you may call them at the above phone number if you have any questions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construction Updates will be available on the City of Carlsbad web site at www.carlsbadca.gov. Thank you for your cooperation as we work to make a better City of Carlsbad. cRevised 8/10/10 Contract No. 6607 Page 143 of 171 APPENDIX "B" CITY OF CARLSBAD HIGHLAND DRIVE/JAMES DRIVE STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carlsbad's ongoing program to maintain its storm drain system, rehabilitation of the storm drain from Highland Drive to James Drive is scheduled in your neighborhood. This construction will require the partial closing of a portion of Highland Drive and James Drive for several weeks from MM/DD/11 to MM/DD/11 between the hours of XX AM to XX PM. In order to keep the street open, no on-street parking will be permitted between XX AM and XX PM Monday through Friday in the construction area. When walking to and from your car, remember not to walk on any newly paved street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the new asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the construction for the city and you may call them at the above phone number if you have any questions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construction Updates will be available on the City of Carlsbad web site at www.carlsbadca.gov. Thank you for your cooperation as we work to make a better City of Carlsbad. Revised 8/10/10 Contract No. 6607 Page 144 of 171 APPENDIX "C" CITY OF CARLSBAD MALLORCA PLACE/LA COSTA AVENUE STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carlsbad's ongoing program to maintain its storm drain system, rehabilitation of the storm drain from Mallorca Place to La Costa Avenue is scheduled in your neighborhood. This construction should take one day from MM/DD/11 to MM/DD/11 between the hours of XX AM to XX PM. In order to keep the street open, no on-street parking will be permitted between XX AM and XX PM Monday through Friday in the construction area. Please refrain from watering your lawns, washing cars, etc. on the day of construction. ABC is the Contractor that will be performing the construction for the city and you may call them at the above phone number if you have any questions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construction Updates will be available on the City of Carlsbad web site at www.carlsbadca.gov. Thank you for your cooperation as we work to make a better City of Carlsbad. Revised 8/10/10 Contract No. 6607 Page 145 of 171 APPENDIX "E" CCTV Reports Tabular Report of PLR 11C-16 for CITY OF CARLSBAD Work Order Facility Contract Video Setup 3 Operator NJP Van Ref 11 Surveyed On 05/27/2010 Street Name Hollybrae Lane Easement City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Sched length Ft Shape Circular Size 18 by Ins Material Steel - Corrugated (ARMCO) Joint Spacing Ft Lining Year laid General note Location note Video Count 00000 00 00000 00 00000 00 3.0 30 3.0 FrotniiC-50 Depth Ft To 11C-16 Depth Ft Direction Up Pre-ctean N Last Cleaned "...•.I,'/ SerVst*! ',..v,-M-l4:.t ..'•'• Hydraulic CD Code Sev Fr To Value Remarks i ,',> , >• . ,•_ 30 Ft Total Length Surveyed Sv or PS Structural: Total 0 Mean Defect 0 Peak 0 Mean Pipe 0 Service: Total 0 Mean Defect 0 Peak 0 Mean Pipe 0 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 Revised 8/10/10 Contract No. 6607 Page 150 of 171 Pipe Graphic Report of PLR 11C-16 X for CITY OF CARLSBAD Work Order Contract Video Setup 3 Facility Operator NJP Van Ref 11 Surveyed On 05/27/2010 Street Name Hollybrae Lane Easement City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Schedule length Ft Shape Circular Size 18 by ins Material Steel - Corrugated (ARMCO) Joint spacing Ft Lining Year laid General note Location note From 11C-50 Depth To 11C-16 Depth Direction Upstream Pre-clean N Last cleaned Ft Ft Hydraulic c Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 Revised 8/10/10 Contract No. 6607 Page 151 of 171 S I III 3 S n1 *i Xo 0> i S1 $1 .§•' 1Q)Q. T! O3 S Ira o S o 5* 1 I * o CD I Of 1S U)c i 1 § S So o 5 1 f 3S w •o O} OS •n I ° O ro X f o o~n O r— CO O Revised 8/10/10 Contract No. 6607 Page 152 of 171 Tabular Report of PLR 11C-16 for CITY OF CARLSBAD Work Order Contract Video Setup 1 Facility Operator NJP Van Ref 11 Surveyed On OS/27/2010 Street Name Hollybraa Lane City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Shape Circular Material Steel - Corrugated (ARMCO) Lining General note Location note Video Count CD Code 00000 00000 00000 0.0 0,0 0.0 2.0 2.0 2.1 61.9 63.0 110.4 153.0 163.6 163.7 163.7 163.7 Sched length Ft Size 18 by ins Joint Spacing Ft Year laid From 11 C-1 6 Depth Ft To 11C-50 Depth Ft Direction Down Pre-ctean N Last Cleaned Hydraulic Sev Fr To Value Remarks At Wate-: -t-yei ;< 0 I " '. '.ii; :.,:",••: ..^- <.:•.-.. ' < * 163.7 Ft Total Length Surveyed Scores Structural: Total 0 Mean Defect 0 Peak 0 Mean Pipe 0 Service: Total 0 Mean Defect 0 Peak 0 Mean Pipe 0 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 cRevised 8/10/10 Contract No. 6607 Page 153 of 171 Revised 8/10/10 Contract No. 6607 Page 155 of 171 Appendix G Citv if Carlsbad Standard Drawina DS-1 5' — ^ FLOW ^^ / ^f\ FACE CURE (TYP) [*$ 5' FLOW 6 CURB FACE (TYP) REV. APPROVED C 2.5' CURB INLET 5' 5' 1i i /^7^-^x^^>-- PLAN ^NMEET EXISTING PAVEMEI< OR STREET GRADE ?•? . 5' rTOP OF CURB-r FLQW /^T ' GUTTER-' _--J NOTE CURB FACE QFPTinN AREAS SH/SfcU 1 IUIN RETURNS, ENTRANCE: OPENING. [ 5.5' CURB INLET 5.5'. g 5' i— — i 1 1 ?/ V t ^K^" PLAN ^-MEET EXISTING PAVEMEt OR STREET GRADE , 5.5' ^ TOP OF CURR-, , 5.5' „X" riW ^jl/X' ' L ^-GUTTER fsi inn ,TT" . . A.,. FACE(TYP) SECTION 5ATE CITY OF CARLSBAD LOCAL DEPRESSION CONTINUOUS T GRADE : TRANSITIONS AND WARP \LL NOT EXTEND INTO CURB DRIVEWAYS, ALLEY >, OR ANY OTHER CURB JEPRESSION SHALL BE 4". " SUMP CONDITION ??S ^s ^ ^^fr-**^ ^ - ^— —* (j/04 CITY ENGINEER DATE SUPPLEMENTAL p. o 4 STANDARD NO. UO~ 1 Revised 8/10/10 Contract No. 6607 Page 168 of 171 APPENDIX H City of Carlsbad Standard Traffic Control Plan !sfK5*hf i?*ii*Mbif isSktilf I lull ; I i i |l»n w?f jS' hi 'irif Revised 8/10/10 Contract No. 6607 Page 169 of 171 APPENDIX "I" CO Om A \/«r O 3°2=3?2a ^5 ?^ ^o 3s f^ rn "*i,2* vi ;=- —, ^, -yi rjt is ' * =Ji9 I 1 O Si! S = 03 TQa >•m r< O -a ?? §iio 33 rn Co ^ ~Oco O 3D9° co o Sog ""Nj JS. ^*w<o • O 53 Revised 8/10/10 Contract No. 6607 Page 170 of 171 S3? 5!H3ss 3rsqil 81$ pri rNI 3:' o ?v> § 5 a 5En i— CD -H 31^fl 3 Revised 8/10/10 Contract No. 6607 Page 171 of 171