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HomeMy WebLinkAboutOrion Construction Corporation; 2005-10-19; PWS06-04ENGDQC# 2006-0692578 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 SEP 28, 2006 3:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S HFFirE GREGORY,!. SMITH COUNT",'1 RECORDER FEES: 000 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 1 . 2. 3. 4. 5. 6. 7. 8. f\tb The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on June 23, 2006. The name of the contractor for such work or improvement is Orion Construction Corporation. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: North Batiquitos Interceptor, Reach 6 (Sea Cliff Sewer) Access Hold Replacements, Project No. 9001-1 . The street address of said property is in the City of Carlsbad. CITY OF CARL Conrad C~. Hamman City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on SetemtiiW <&r 200 (* , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on vSyte^fc/' &> . 2(£& . at Carlsbad, California. CITY OF CARLSBAD LORRAINE M. WOOD City Clerk Word\Masters\Fomns\Notice of Completion (City) . r - Item TABLE OF CONTENTS Pane Notice Inviting Bids ........................................................................................................................ 5 Contractor‘s Proposal .................................................................................................................... 9 Bid Security Form .......................................................................................................................... 13 Bidder’s Bond To Accompany Proposal ....................................................................................... 14 Guide For Completing The “Designation Of Subcontractors” Form ............................................. 16 Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items ................................. 18 Bidder’s Statement Of Financial Responsibility ............................................................................ 19 Bidder‘s Statement Of Technical Ability And Experience ............................................................. 20 Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive Liability And Workers’ Compensation ........................................................................................... 21 Bidder’s Statement Of Re Debarment .......................................................................................... 22 Bidder’s Disclosure Of Discipline Record ......................................................................... 23 r Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 25 Contract Public Works .................................................................................................................. 26 Labor And Materials Bond ............................................................................................................ 32 Faithful PerformanceNVarranty Bond ........................................................................................... 34 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 36 e- tp Revised 10/08/03 Contract No . 9001-7 Paae 2 of 58 Paaes SUPPLEMENTAL PROVISIONS #-- Part I Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5- 1 5-4 r Section 6 6- 1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 8 Section 9 9-1 9-3 . r General Provisions Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... 39 Definitions ............................................................................................................. 40 Abbreviations ........................................................................................................ 41 Scope And Control Of The Work Subcontracts ......................................................................................................... 41 Contract Bonds ..................................................................................................... 42 Plans And Specifications ...................................................................................... 42 Surveying .............................................................................................................. 44 Authority Of Board And Engineer ......................................................................... 45 Changes In Work Changes Initiated by the Agency .......................................................................... 46 Extra Work ............................................................................................................ 46 Disputed Work ...................................................................................................... 48 Changed Conditions ............................................................................................. 47 Control Of Materials Materials And Workmanship ................................................................................. 50 Materials Transportation. Handling and Storage .................................................. 51 Utilities Location .................................................................................................................. 51 Relocation ............................................................................................................. 51 Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ 52 Prosecution Of Work ............................................................................................. 52 Delays And Extensions Of Time ........................................................................... 52 Time of Completion ............................................................................................... 52 Completion And Acceptance ................................................................................ 53 Liquidated Damages ............................................................................................. 53 Responsibilities Of The Contractor Liability Insurance ................................................................................................. 53 Workers' Compensation Insurance ...................................................................... 53 Permits .................................................................................................................. 53 Cooperation and Collateral Work ......................................................................... 54 Project Site Maintenance ...................................................................................... 54 Public Convenience And Safety ........................................................................... 55 Laws To Be Observed .......................................................................................... 55 Facilities For Agency Personnel (NOT APPLICABLE) Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. 56 Payment ................................................................................................................ 56 ** Revised 10/08/03 Contract No . 9001 -1 Paae 3 of 58 Paaes APPENDIX A - Technical Specifications SECTION 01010 SUMMARY OF WORK SECTION 01 300 SUBMllTALS SECTION 01550 SECTION 02145 WASTEWATER BYPASS SECTION 03460 SECTION 03475 SITE ACCESS AND STORAGE PRECAST CONCRETE ACCESS HOLES PVC LINING FOR INTERIOR SURFACE OF ACCESS HOLES APPENDIX B - 24"x 36" Site Plan APPENDIX C - Supplemental Detail Drawings APPENDIX D - Caltrans Permit APPENDIX E - WPCP APPENDIX F - Resident Notification Card APPENDIX G - Right of Entry Agreement 4- %# Revised 10/08/03 Contract No. 9001-1 Paae 4 of 58 Parinn CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO PM on August 31, 2005, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carjsbad, 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: Sea Cliff Access Hole Replacement, includes the removal of six existing sewer access holes and their replacement with PVC lined concrete access holes. NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001 -1 BID NO. PWSOG-04ENG This bid and the terms of the Contract Documents and Supplemental 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. The work shall be performed in strict conformity with the plans 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 the Standard Specifications for Public Works Construction, 2003 Edition, and the supplements thereto all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. rc 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. 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. 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 (IO) 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. ,- em \# Revised 10/08/03 Contract No. 9001-1 Page 5 of 58 Pages The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor’s Proposal 2. Bidder‘s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Bidder’s Statement of Financial Responsibility 6. Bidder’s Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a) 8. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 9. Bidder’ s Statement Re Debarment 10. Bidder’s Disclosure Of Discipline Record 1 1. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 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 72,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification “A”, General Engineering. /-- 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. Sets of plans, 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 $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. r 4- \# Revised 10/08/03 Contract No. 9001-1 Page 6 of 58 Pages \ The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. ,- The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site is mandatory and shall be conducted a minimum of one (1) week prior to the bid opening date. Bids from contractors who did not arrange for and make a site visit will be rejected. Visits must be must be arranged with Public Works Engineering-Design Division. Contact Mark Biskup at (760) 602-2763 to schedule a site tour. 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. F 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. 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. 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: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). 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 Supplemental 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 a Revised 10/08/03 Contract No. 9001-1 Page 7 of 58 Pages 9 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-:V 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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. ,--- 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.2005-138, adopted on the 3rd day of May, 2005. Publish Date: July 26, 2005 .- e Revised 10/08/03 Contract No. 9001-1 Page 8 of 58 Pages I- i- f I I I I I I I- f I t I I I I- I I CITY OF CARLSBAD NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 CONTRACTOR’S PROPOS City Council City of Carkbad 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, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 9001-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to At: SCHEDULE “A” SEWER IMPROVEMENTS Approximate Item Quantity - No. 1 2 3 4 Description and Unit Mobilization at Not to 574m Exceed Dollars (Lump Sum) Wastewater Bypass of Dollars (Lump Sum) - Remove Existing Concrete Access Holes (exclude base) Dollars Each Access Hole Replacement (exclude base) at BFIW W,f& -. Dollars Each $8,000 LS 6 EA 6 EA Unit Price Total . $8@0-- - $ pQ@- / I tem - No. 5 6 7 DescriDtion Remove and Redace Access Hole Base at 9P m<& Dollars Each Remove and Replace Chain Link Fence at Dollars per Lineal Foot Landscaping (replace-in-kind, damaged landscaping & Approximate Quantity Unit and Unit - Price 6EA $ 4om- 180LF $ e LS $ /go@-- Total $ /?ow - Dollars (Lump Sum) - Total amount of bid in words for Schedule “A”: mQ /%$&- mm -,Y -nD&5&@ rn LMC NQ cL=lT 00 Total amount of bid in numbers for Schedule “A“: $ 23q The basis of award will be the sum of Schedule ”A Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). hadhave been received and islare included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary 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 of a contractor within the State of C lifomia, validly licensed under license number , classification 04 which expires on , and that this statement is true and correct and has the legal effect of an affidavit. ///3-/23 & 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. Public Contract Code § 20104. License Detail Page 1 of2 CALIFORNIA CONTRACTORSSTATE LICENSE BOARD License Detail Contractor License # 549309 DISC LA1 M E R A license status check provides information taken from the CSLB license data base. 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 data base. Extract Date: 08/31/2005 * * * Business Information * * * ORION CONSTRUCTION CORPORATION 1621 S RANCHO SANTA FE RD #A SAN MARCOS, CA 92069 Business Phone Number: (760) 591-9181 Entity: Corporation Issue Date: 11/22/1988 Expire Date: 11/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Description i \A IGENERAL ENGINEERING CONTRACTOR 1 IGENERAL BUILDING CONTRACTOR le-””- -~~~ I rc27 ~NDSCAPING I * * * Certifications * * * ,,--I License Detail Page 2 of 2 License Number Request k Description Contractor Name Request Personnel Name Request /HA2 IHAZARDOUS SUBSTANCES REMOVAL "" ._ i Salesperson Request * * * Bonding Information * * * Salesperson Name Request CONTRACTOR'S BOND: This license filed Contractor's Bond number 661975 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2004 Contractor's Bondina History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) RICHARD JAMES DOWSING 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. Effective Date: 06/05/2001 BQl's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1040502 Effective Date: 12/03/2004 Expire Date: 12/03/2005 Workers Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses. I Personnel List Other Licenses 08/3 112005 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 &/Dm (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. 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 City and State (Street and Number) (4) ZipCode 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 City and State (Street and Number) t - I (4) ZipCode Telephone No. Contract Nn Qnnl-1 I t (5) E-Mail IF A CORPORATION, SIGN HERE: (1 ) Name under which business is conducted (Signature) (2) - 7VdXhw PR&TLDiYw ' (Title) - Impress Corporate Seal here (3) Incorporated under the laws of the State of &%ifi'fl& (4) Place of Business City and State - c (5) Zip Code I 1 Telephone No. 7&7 -5 0 -7660 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 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: c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California County of b I* On before me, personally appeared p IbMP DeMSLN4 Name@] of Signer(s1 I 6ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishelthey 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. 1 Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: &M/nG+FTP7 .p &p*z - Document Date: /9t/or Number of Pages: c Signer(s) Other Than Named Above: 7 Capacity(ies) Claimed by Signer Signer’s Name: ,+’? c 30 wsjg4 0 I ‘vidual dporate Officer - Title(s): 0 Partner - 0 Limited 0 General Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: ?*>I D &&, Signer Is Representing: fl$& %/ r e&- Q 1999 National Notary Association 9350 De Solo he.. P.O. Box 2402 Chatsworth. CA 91313.2402 * www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827 BUS. NUMBER WttfUrtun of cunplam wth 0th~ dl sale of Califma DATE ISSUED SIC DESCRIPTION 1623 OWNER FIRM OR CORPORATION NAME BUSINESS NAME MAILING ADPRESS CITY AND STATE Water, Sewer, Pipeline, & Communications & F OR1 ON CONSTRUCTION CORPORATlON OR1 ON CONSTRUCTION CORPORATLON RICHARD DOWSING 1232 KEYSTONE WAY VISTA, CA 92081-8316 KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT BUS. NO. 1215725 DATE ISSUED 04/04/2005 08.070G $80.00 BALANCE $0.00 TAXES PAID IN ACCORDANCE WITH Clpl BUSINESS TAX ORDINANCE CIT6 BPCk!R&dfiI? BID SECURITY FORM (Check to Accompany Bid) NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER "Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) em %# Revised 10108/03 Contract No. 9001-1 Page 13 of 58 Paaes BIDDER'S BOND TO ACCOMPANY PROPOSAL NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001 -1 KNOW ALL PERSONS BY THESE PRESENTS: That We,. ORION CONSTRUCTION CoRwRATION, as Principal, and FIDELITY AND DEPOSIT COMPv* as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as fallows: (must be at least ten percent (10%) of the bid amount)lm PERCENT OF TEE TOTAL** for which payment, well and truly made, we bind ourselves; our heirs, executors and administrators, successors or assigns, jointlyand severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of tk above- bounden Principal for: *OF MARYLAND **AMOUNT OF TEE BID---- NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 ' in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, hen this obligation shall become null and void; otherwise. it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. -. . .. ... ... .- - ... ... ..- ... ... ... -.. .._ ... ... ... --. ... ... . . .. I.. I.. .-A,. .. .._ - In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall - not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 31ST day of AUGUST ,2005 . PRINCIPAL: ORION CONSTRUCTION CORPORATION jp/&rnm b oulrfd4 - (print name hen?) (Title and Organiiatiofi of Signatory) BY I Pk7k5/4BC mfdd &*- mj~, aaqhq (print name here) Executed by SURETY this 31ST of AUGUST t 20%- - day SURETY: FIDELITY AND DEPOSIT COMPANY OF "D (name of Surety) (address of Surety) 818-409-2817 1 801 N. BRAND BLVD PJWJXOUSE SUITE GLENDALE, CA 91203 JEBNETllE SEIDL (printed name of Attorney-in-Fact) I-- (Attach carporate 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 assistdnt secretary under corporate seal empowering that officer io bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attomey,-l *- e h .* CORPORATE RESOLUTION OF ORION CONSTRUCTION CORPORATION Richard Dowsing, President of Orion Constnrction Corporation, hereby has the authority to the following: @ Execute and Sign all bidding documents for me City of Carlsbad North Batiquitos Interceptor Reach 6 Access Hole Replacements August 31,2005 President Attorney in Fact STAE OF CALIFORNIA, COUNTY OF SAN DIEGO On &%@r42005 before me, Robert 6. Wilson, personally appeared Richard J. Dowsing of Orion Construction Corporation, and Tammy L. Luna Attorney in Fact of Orion Construction Corporation, - Penonally known to me. WMES my hand and oiEcial seal Signature of Notary Notary CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT - _- /- State of California I County of &Le22 &5f=d NdW w34 c Name and Title of Onicer (e g , Jane Doe, Notarydublic") On /?/,?!* 51 before me, /?@I* b& ' date 9 WSLrJ4 personally appeared /?rem D Name@) of Signer(s) * fionally known to me c1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heishelthey 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. 0 PTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ? Bm/k% 7 - Signer(s) Other Than Named Above: 2-+& e* 5 a9DL Capacity(ies) Claimed by Signer Signer's Name: Rp-4 B e45kA4. Rr;::: Officer - Title(s): .PP6/&@7L. 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing:- cs/ytz w. 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 9131 3-2402 - www.NationalNotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 31 AUGUST 2005 , before me, GLADYS .D. ROGERS. NOTARY PUBIC , } SS. Dale Name and Title of Officer (e g , *Jane Doe. Notary PubW personally appeared JEBNETTE SEIDL 9 Name@.) of Sqneds) Notary Publlc - California Phce Notary Seal Above personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(#) whose name@) istaresubscribed to the within instrument and acknowledged to me that %&shel#ey executed the same in .hislherlW authorized capacityclss), and that by kidherAkeir signature($) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. /v Signature of Notary Public 0 P TlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer’s Name: 0 Individual 17 Corporate Officer - Xtle(s): I O Partner - 0 Limited 0 General [Io Attorney in Fact 0 Trustee 0 Guardian or Conservator U Other: I II Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact L3 Trustee I O Guardian or Conservator 0 Other: I Signer Is Representing: Signer Is Representing: SURETY - Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws reverse side hereof and are hereby certified to be in full force and effe and appoint Larry D. COGDILL, Ingrid Erika SEIDL, all of San Diego, California, EACH its deliver, for, and on its behalf as surety, and as it The said Assistan fy that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day Of June, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary M. P. Hammond Vice President State of Maryland ss: On this 21St day of June, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. City of Baltimore 1 Dennis R. Hayden Notary Public My Commission Expires: February 1,2009 POA-F 012-4561A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of tho By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held On the 10th day of May, 1990. RESOLVED: ”That the facsimile or mechanically reproduced seal of the company and facsimile or mechanicah reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore Or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, rc AUGUST 2005 this 31ST day of Assistant Secretary ZURICH THXS IMPORTANT DISCLOSURX NOTICE IS PART OF YOUR BOND c Ye are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $waived - . This amount is reflected in the total premium for this bond. Disclosure of Availability of CoveraEe for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terns, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior ym, for 2003,7% of direct earned premium in the prior yeaq for 2004,10% of direct earned premium in the prior yeaq and for 2005,15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed S 100 billion in any one calendar year. - participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of tenorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign persoi or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures arc informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -- -0050749.doc Company Profile Page 1 of2 dompany Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2 150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 9 1203 Unable to Locate the Axent for Service of Process,’ Reference Information NAIC #: 39306 NAIC Group #: 02 12 California Company ID #: 2479-4 Date authorized in California: Company Type: Property & Casualty State of Domicile: MARYLAND January 01, 1982 License Status: UNLIMITED-NORMAL 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 g!ossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://cdinswww.insurance. ca.gov/pls/wu~coqrof/idb~coqrof~utl. get-coqroflp-EID=62 1 7 OW3 1/2005 Company Profile .. Page 2 of 2 .- PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww. insurance .ca. gov/pls/wu~coqrof/idb~co~rof~utl.get~coqro~p~EID=62 1 7 08/3 1/2005 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 SSPWC (“Greenbook”) and in the Supplemental Provisions to this Contract, especially, ‘‘Bid”, “Bidder”] “Contract”l “Contractor“, “Contract Price”, ‘Contract Unit Price”, “Engineer”, “Subcontractor“ and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental 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 ($1 0,000) 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 reiection 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. I, 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 Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS Subcontractor Name and NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 Amount of Work by Subcontractor The Bidder certifies that it has used the sub4id 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 License No.* Page ___ 1 of f 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.” e-, ti# Revised 10/08/03 Contract Nn Qnnl-1 C 1 I I I BIDDERS Copies of the latest STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) . NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 Annual ReDort, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. . .. ORION CONSTRUCTION CORPORATION BALANCE SHEET MARCH 31,2005 SEE ACCOUNTANTS COMPILATION REPORT ASSETS CURRENT ASSETS CASH (NOTE A) $ 2,076,341 CONTRACT RECEIVABLES (NOTES A & B) 5,647,441 COSTS AND ESTIMATED EARNINGS IN EXCESS OF 2,142,101 TOTAL CURRENT ASSETS 9,865,882 BILLINGS ON UNCOMPLETED CONTRACTS (NOTES A & D) PROPERTY AND EQUIPMENT (NOTES A & C) 1,915,634 LESS: ACCUMULATED DEPRECIATION (1,604,913) OTHER ASSETS DEPOSITS 1,300 TOTAL OTHER ASSETS 1,300 $ 10,177,903 F SEE NOTES TO HNAVCUL STATEMENTS s -2- ti- t LIABILITIES AND STOCKHOLDER’S EQUITY CURRENT LIABILITIES ACCOUNTS PAYABLE $ 5,365,085 ACCRUED EXPENSES AND PAYROLL TAXES PAYABLE 118,084 INCOME TAXES PAYABLE (NOTE G) 60,300 BILLINGS IN EXCESS OF COSTS AND ESTIMATED 1,704,543 250,500 TOTAL CURRENT LIABILITIES 7,498,5 13 EARNINGS ON UNCOMPLETED CONTRACTS (NOTES A C D) CURRENT MATURITIES OF LONG-TERM DEBT (NOTE E) LONG-TERM LIABILITIES NOTES PAYABLE (NOTE E) 688,875 NOTES PAYABLE SHAREHOLDER (NOTE H) 200,000 a88,875 TOTAL LIABILITIES a,387,388 STOCKHOLDER’S EQUITY COMMON STOCK, NO PAR AUTHORIZED 100,000 SHARES ISSUED 1,000 SHARES OUTSTANDING 1,000 SHARES 1,000 ADDITIONAL PAID M CAPITAL 161,867 RETAINED EARNINGS 1,627,650 $ 10,177,903 -3- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 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 hidher responsibility, experience and skill. An attachment can be used. T T T T T T T T T T 1 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 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: 1. Comprehensive General Liability Automobile Liability Workers Compensation GP /ALyLq2?&lCF 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, the Standard Specifications for Public Works Construction and the Supplemental 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. The auto insurance certificate must state the cowrage is for "any auto" and cannot be limited in any manner. Contract Nn annl-I 877-945-7378 PRODUCER willis North America, ~nc. - ~egional Cert Center 26 Century Blvd. P. 0. BOX 305191 Nashville, TN 372305191 INSURED Orion Construction Corporation 1232 Keystone Way Vista, CA 92081 I I INS1 IRFR F. I I THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIC# INSURERA: St. Paul Fire and Marine Insurance Compan 24767-004 INSURERE: Hartford Fire Insurance Company 19682 - 001 INSURERC SeaBright Insurance Company 15563 - 001 INCIIRFR~. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. X X TYPE OF INSURANCE IDD' USR I GENERAL LlABlUTY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE OCCUR - GENLAGGREGATE LIMIT APPLIES PER: 1 I-J n LOC AUTOMOBILE LIABILITY X ANYAUTO - __ ALL OWNEDAUTOS SCHEDULED AUTOS - - X HIREDAUTOS X NON-OWNED AUTOS - - BODILY INJURY (Per aaident) PROPERTY DAMAGE (Per amdent) AUTO ONLY - EAACCIDENT OTHERTHAN EAACC AGG AUTO ONLY: EACH OCCURRENCE AGGREGATE + GARAGE LIABILITY f f f ' $ f f % H ANYAUTo 12/3/2005 EXCESS LIABILITY g ~~~lJloN CLAIMSMADE DEDUCTIBLE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEREXXECUTIVE OFFICEWMEMEER EXCLUDED? If es descnbeunder S6ECIAL PROVISIONS below OTHER f x IT%%%&&l log," E.L. EACH ACCIDENT f 1,000,000 E.L. DISEASE - EA EMPLOYEE f E.L. DISEASE - POLICY LIMIT f 1,o 0 0, 0 0 0 1 , 0 0 0 , 0 0 0 UPTION OF OPERATlONSROCAllONSlMHlCLl POLICY NUMBER KC06100195 72UENUS9540 BB104 0 5 02 /EXCLUSIONS ADDED BY ENDORSEMEN1 POLICY EFFECTNE DATE lMMlDDlYn 12/3/2004 12/3/2004 12/3/2004 8PECIAL PROVISIONI LIMITS 'OLICY EXPIRATION DATE IMMIDDNYI 12/3/2005 ' EACHOCCURRENCE 1 S 1,000,000 SO. 000 1 DAMAGE TO RENTED , PREMISES (Ea mrenca) ' f MED UP (Any one person) PERSONAL a ADV INJURY GENERAL AGGREGATE 12/3/2005 I COMBINED SINGLE LIMIT $ 1, 0 0 0 , 0 0 0 (Ea amdent) BODILY INJURY (Per perron) If RE: Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWS06-04ENG. Project No. 9001-1. Phe City of Carlsbad, its officials, employees and volunteers are named as additional Insureds as respects General Liability and Automobile Liability per attached endorsements. Primary / Non-Contributing Wording applies to General Liability per attached endorsement. Primary Wording CERTIFICATE HOLDER CANCELLATION . .. pDD1-s as resoects Automobile Llabllltv ~er ~ollcv form. DATE THEREOF, THE ISSUING INSURER WILL -MAIL 30 DAYS WRIITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF~MKXM-L City of Carlsbad ~XIM~~~~~~~~~m~m Public Works Purchasing Department Attn: Kevin Davis 1635 Faraday Avenue CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 I os/2Y720os I 877-945-7378 PRODUCER willis North America, Inc. - Regional Cert Center 26 Century Blvd. P. 0. Box 305191 Nashville, TN 372305191 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIC# lNSURED Orion Construction Corporation 1232 Keystone Way Vista. CA 92081 INSURERC: SeaBright Insurance Company 115563-001 INSURERD: INSURERA: St. Paul Fire and Marine Insurance Compan 24767-004 INSURERE: Hartford Fire Insurance Company 19682-001 DESCRIPTION OF OPERATlONS/LOCATlONS/YEHICLES/EXCLUSlONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS Blanket Waiver of Subrogation applies as respects to Automobile Liability, General Liability, and Workers Compensation per the attached endorsements. Coll:1413220 Tpl:324713 Cert:6211063 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Coll:1413220 Tpl:324713 Cert:6211063 ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection How Coveraae Is Chanaed There are two changes which are described below. 1. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: 0 0 your work for that person or organization; your completed work for that person or organization if your contract or agreement requires such coverage; premises you own, rent, or lease from that person or organization; or your maintenance, operation, or use of equipment leased from that person or organization. 0 0 We explain what we mean by your work and your completed work in the Products and completed work total limit section. If the additional protected person is an architect, engineer, or surveyor, we won’t cover injury or damage arising out of the performance or failure to perform architect, engineer, or surveyor professional services. Archit&, engineer, or surveyor professional services includes: 0 the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and services. 0 supervisory, inspection, or engineering 2. The following is added to the Other primary insurance section. This change broadens coverage. Well consider this insurance to be primary to and non-contributory with the insurance issued directly to the additional protected persons listed below if: 0 your contract specifically requires that we consider this insurance to be primary or primary and non-contributory insurance; or you request before a loss that we consider this insurance to be primary or primary and non-contributory insurance. 0 Other Terms All other terms of your policy remain the same. Person Or Organization: Any Person or Organization You Are Required By Written Contract to Add as an Additional Protected Person. Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWS06-04ENG, Project No. 9001-1. Name of Insured: Policy Number: KC06100195 Effective Date 12/3/2004 Orion Construction Corporation Processing Date - GO322 Rev. 12-97 Printed in U.S.A. Endorsement OSt. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1 POLICY NUMBER: 72U EN US9540 THIS ENDORSEMENT TCC HARTFORD CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ADDITIONAL INSURED COMMERCIAL AUTO COVERAGE PART IT IS HEREBY AGREED THAT ADDITIONAL INSUREDS ARE INCLUDED IN THE POLICY ON A BLANKET BASIS. Sea Cliff Sewer North Batiquitos Interceptor reach 6 access hole replacements, Bid No. PWSO6- 04ENG, Project No. 9001-1. 0 OThe City of Carlsbad, its officials, employees and volunteers 0 ,-- Form IH 12 01 11 85 Printed in U.S.A. .I WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (4/84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Person or Organization i- WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 12/3/2004 POLICY NO. BB1040502 INSURED: Orion Construction Corporation INSURANCE COMPANY: SeaBright Insurance Company L -. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modfie insurance provided under the blowing: BUSINESSAVrOCOVERAGEFORlY A Any person or otganization whom you am required by mntractto name as additional ins& k an "insured' for LlABlLrrY COVERAGE but only to the extent that person or organization qualifies as an "insure# under tho WO IS AN INSURED pmvkion of Section II - UABILilY COVERAQE. 8. For any person ar wganiratim for whom you am required by contract to provide a waiver of subrogation, the Loss Conditbn -TRANSFER OF RIGHTS OF RECOMRY AGAINST OTHERS TO US is applicable. i- ,- I I C 1 c c 1 P BIDDER'S STATEMENT RE DEBARMENT * (To Accompany Proposal) NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State f California? P t/ no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. patty debarred party debarred agency agency period of debarment period of debarment -I By: (sign Page /of 1 pages of this Re Debarment form em ts Revised 10/08/03 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 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. c 1 ) Have you ever had your contractor‘s license suspended or revoked by the California Contractors’ t State license Board two within an eight par period? 2) Has the suspension or revocation of your contractors license ever been stayed? - Yes no c 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year eriod? lr I 1 no Yes 4) Has the suspension or revocation of the license of any subcontractor‘s that you propose to perform any portion of the Work ever been stayed? I I 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 therefor. I I I (If needed attach additional sheets to provide full disclosure.) Page - / of 2 pages of this Disclosure of Discipline form BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 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 pnvide full disclosure.) BY CONTRACTOR: ~%&W--W-F .n+2Y'c12g.r/ (name of Contractor) By: Page- 2 of - 9 pages of this Disclosure of Discipline form NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California Countyof JM NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 ) ss. pcsQ ) DDh(S-/N/ , being first duly sworn, deposes (Name of Bidder) /+drnW (Title) and says that he or she is pbw/>W7-- (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 4/ B+ day of &AH 7 ,2oe Signature of Bidder ,204- * Subscribed and sworn to before me on the y/ -- dayof &hQfi- (NO7 03). w -ARY Contract No. . >..I ,,I _I _I * ignature of Notary Page 25 of 58 Paqes -..r.n ,- A. LO I#^-^^ QUG-24-2005 14:40 760 431 5769 P.02/03 - City of Carlsbad August 24,2005 ADDENDUM NO. 1 RE: SEA CLIFF SEWER NORTH BATlQUlTOS INTERCEPTORREACH 6 ACCESS HOLE REPLACEMENTS BID NO. PWS0664ENG, CONTRACT NO. 9001 -1 Please include the attached addendum in the Notice to BidderIRequest for Bids you have for the above project. This addendum-receipt acknowtedged--must be attached to your Request for Bid when your bid is submitted. Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signatu /"I CITY OF CARLSBAD From: North Batiquitos Interceptor, Reach 6 (Sea Cliff Sewer) Access Hole Replacement Contract No. 9001-1 Addendum No. 1 Mark Biskup, Project Engineer Phone: (760) 602-2763 Fax: (760) 602-8562 Date: August 24,2005 Bid Opening Date: August 3 1,2005 4:OO pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made a part of the contract documents for Contract No. 900 1 - 1. Delete: Paragraph 3.02 Standby Equipment of Section 02145 Sewer Bypassing and Dewatering. Replace with: Paragraph 3.02 Standby Equipment The Contractor shall maintain on site, suflcient equipment, materials tools and staff to ensure continuous and successful operation of the bypass system and the ability to return to a continuous safe flow condition. The Contractor shall be able to implement standby equipment in a timely manner to prevent any wastewater spill. Any damage and resulting cost associated to @om bypass failure shall be the responsibili fy of the Contractor. Standby equipment is subject Engineer’s approval and shaII be included as part of the bypass plans described under Section 02145, Part I, Paragraph 1.02 Submittals. Delete: Second sentence of Paragraph 1.03 B of Section 02145 “All bypass flow shall be discharged into the lift station emergency storage reservoir.” CONTRACT PUBLIC WORKS This agreement is made this /ya day of dw ,20< by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "Cityl), and ORION CONSTRUCTION CORPORATION whose principal place of business is (hereinafter called "Contractor"). 1621 S RANCHO SANTA FE RD #1 SAN MARCOS CA 92069 City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001 -1 (hereinafter called "project") 2. 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, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental 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. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, - 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 Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental 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. e- ts Revised 10/08/03 Contract No. 9001-1 Page 26 of 58 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 Ill disposal site in accordance with provisions of existing law. B. indicated . Differing Conditions. Subsurface or latent physical conditions at the site differing from those 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 I 101 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. ,- em ts Revised 10/08/03 Contract No. 9001-1 Page 27 of 58 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. ,- 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. IO. 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 Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: /- a. Comprehensive 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in anymanner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. ,F- ern %# Revised 10/08/03 Contract No. 9001-1 Page 28 of 58 Pages 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. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given 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-:V. 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 the City Council in Resolution No. 91403. (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) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included r' em '4 Revised 10/08/03 Contract No. 9001-1 Page 29 of 58 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. 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 201 04.2(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. F (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq,, the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. - (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 subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. init ‘Twinit 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor‘s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. *= %# Revised 10/08/03 Contract No. 9001-1 Page 30 of 58 Pages 13. 14. 15. 16. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720 of the Labor Code are incorporated herein by reference. 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. 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. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) c CONTRACTOR: (name of Contractor) By: 3H44D ZbMW (print nade and title) By: )8wAno %b&S,q+ Jec. (print namfand title) ATTEST: 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 7 By: Depdty CTty Attorney \ em ts Revised 10/08/03 Contract No. 9001 -1 Page 31 of 58 Pages - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c rc r R. WiL*d.-W/pm Name and Title of Officer (e g “Jane Doe Notfiy Public ) On - ?(?Q[Q< before me, /&?e? personally appeared R! &/ma Name@) T)OLc(SGNG of Signer@) donally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the personls) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: me+- M- /AU/ZoF J+c Ceys - Document Date: flQMg Number of Pages: Signer@) Other Than Named Above: -. Capacity(ies) Claimed by Signer Signer’s Name: 3 0&4/N4 IRmUf- 0 Partner - Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: O/?/@N dsr d%@ P 0 1999 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 Chatsworth, CA91313-2402 - w.NationalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BOND NO: 6247598 PREKIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-285, adopted September 20,2005, has awrded to (hereinafter designated as the "Principal"), a Contract br: ORION CONSTRUCTION CORPORATION NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001 -1 BID NO. PWS06-04ENG 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, ORION CONSTRUCTION CORPORATION 9 as as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED THIRTY THREE THOUSAND Dollars ($233,000), 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. Principal, (hereinafier designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA - - THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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 31 81, 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 thereunder 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 I - specifications. e- %# Revised 10/08/03 Contract No. 9001-1 Page 32 of 58 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 To* * Executed by SURETY this 27T8 day - - day of of SEPTEWBER ,20%. CONTRACTOR: SURETY: ORION CONSTRUCTION CORPORATION (name of Contractor) By: GLENDALE, CA 92103 SAFECO INSURABCE COMPANY OF AMERICA (name of Sure 330 NORTH BRAND BLVD., Yd TH FLOOR (siflere) (address of Surety) - 818-956-4208 (print name herw -&&eDL/TL-.Cr?r Pe. mod & By: (title and organization of signatory) (.$$ature of Attorney-in-Fact) J dSEIDL, AITORNEY-IN-FACT (printed name of Attorney-in-Fact) 4xvdG (attach corporate resolution showing current power (print name here) of attorney) - &4 cw P - (title and hganization 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 &ry Attorney e= ts Revised 10/08/03 Contract No. 9001-1 Page 33 of 58 Pages - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - ,- State of California I County of D/Eiso NW /-mu= Name and Title of Onicer (e.g., "Jane Doe, Notary Pdla") On ?/!3y/oc before me, personally appeared mD QMGl& Name@) 01 siQnE(si L&p6&ally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 hisiherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Scnatu-re 07 Notary Public OPTlONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reatfachment of this form to another document. Description of Attached Document Title or Type of Document: &%?/? Signer(s) Other Than Named Above: rT&NPm 5 6IbG */w/m7 Number of Pages: 7 Document Date: Capacity(ies) Claimed by Signer Signer's Name: x:zL Officer - Title(s): .Fms LpH r Partner - 0 Limited 0 General Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: pR/ar/ &drT &7?. Q 1999 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 9131 3.2402 * www.NationalNotary org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - I State of California GLADYS D. ROGERS, NOTARY PUBLIC 1 Name and Xtle of Officer (e.9.. "Jane Doe. Notary Public) On 27 2005, before me, Date personally appeared JEANETTE SEIDL I Name@) of Signer(s) Place Notary Seal Abcve personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand OPTlONA L L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General Partner - 0 Limited 0 General 0 Trustee 0 Guardian or Conservator 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 Corporate Officer - Title(s): 0 Attorney in Fact Attorney in Fact Signer Is Representing: SURETY - POWER A E O' OFATTORNEY SAFECO INSUWINCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON 98185 HOME OFFICE: SAFECO PLAZA - - No. 11566 ,WALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ************LARRY D. COGDILL; INGRID ERIKA CROSBY; JEANETTE SEIDL; BROOKE LAFRENZ; MICHAEL W. THOMAS; San Diego. California*********** its true and lawful attomey(s)in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character ksued in the cwrse of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these przsents this 9th dayof June * 2004 c I CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Exbad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vie President appointed for that purpose by the cfficer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar charader issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Diredm of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. an any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisionS of Artide V. Section 13 of the Bylaws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effed, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE CWPANY OF AMERICA. do hereby certify that the foregdn6: extracts of the By-Laws and of a Resolution of the Board of Diredm of these corporations, and of a Power of Attorney issued pursuant thereto, are true and cocTBc1. and that both the By-Laws, the Resdution and the Power of Attomey are still in full form and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 2005 this 27TH day of smmm CHRISTINE MEAD, SECRETARY 19741SPEF 2/01 @A registered trademark of SAFECO Corporation 06/09/2004 PDF EXHIBIT B IMPORTANT NOTICE TO SURETY BONO CUSTOMERS REGARDlNG THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Ecmy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to ‘surety insurance”. This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 2KJ3 BOND NO: 6247598 PREMIUM: $2,680.00 FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-285, adopted September 20, 2005, has awrded to (hereinafter designated as the "Principal"), a Contract br: ORION CONSTRUCTION CORPORATION NORTH BATlQUlTOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001 -1 BID NO. PWSO6-04WG 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, ORION CONSTRUCTION CORPORATION 9 as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED THIRTY THREE THOUSAND Dollars ($233,000), 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. SAFECO INSURANCE COMPANY OF BNERICA - 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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 thereunder 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. - - em %# Revised 10/08/03 Contract No. 9001-1 Page 34 of 58 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 e day of fMm ,20 05. CONTRACTOR: ORXON CONSTRKJCTION CORPORATION (name of Contractor) By: OMS/r; (print nadere) R .D P&. @M*. (Title and Organization of Signatory) By: - 4- (print naR6 here) %& (Title and diganization of signatory) . Executed by SURETY this 27TH day of SEPTEMBER ,2005 SURETY: SAFECO INSURANCE COWANY OF AMERICA (name of Surety) 330 NORTH BRAND BLVD., lOTH FLOOR GLENDALE, CA 92103 (address of Surety) 818-956-4208 (telephone number of Surety) _. By: JJWWlTE SEIDL, ATTORNEY-IN-FACT (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: \ e= %# Revised 10/08/03 Contract No. 9001-1 Page 35 of 58 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rc c c } SS. State of California County of J2d On ?hy.@ before me, fiQJ%?*F R. cu//Ldorl Name and mtle of Onicer (e g Jane Doe personally appeared /7cw ?D 30 WSl. 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that helsheithey executed the same in his/her/their authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: @mw& 7 E*! G,/b/t?iWO Jrn - Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: b t Capacity(ies) Claimed by Signer Signer’s Name: 1we-v 0 DWSLA& me /O*T 0 I ividual dd Corporate Officer - Title(s): 0 Partner - 0 Limited I3 General 0 Attorney-in-Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: M5T c9RP @ 1999 National No:ary Association * 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 91313-2402 * w.NationalNotary.org Prod. No. 5907 Reorder: Call TolLFree 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rc State of California County of SAN DIEGO On 27 SEPTEMBER 2005, before me, } SS. GLADYS D. ROGERS, NOTARY PUBLIC P Name and Me Ot ORicer (e g , "Jane Doe. Notary Public) Dale personally appeared Jm SEIDL 1 Name@) of Signer(s) Place Notary Seal Above @ personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir 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@) acted, executed the instrument. WITNESS my han t- OPTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual Individual 0 Corporate Officer - Title(s): 0 Partner - Limited 0 General 0 Partner - 0 Limited 0 General UI Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 Corporate Officer - Title(s): 0 Attorney in Fact Signer Is Representing: SURETY - POWER 'm A ' E O* OFATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 - No. 11566 N ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ************JARRY D. C%DILL; INGRID ERIKA CROSBY; JEANETTE SEIDL; BROOKE LAFRENZ; MICHAEL W. THOMAS; San Diego, California*********** its true and lawful attorney(s)in-fact. with full aothority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these przsents this 9th dayof June I 2004 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK. PRESIDENT CERTIFICATE and of GENERAL INSURANCE COMPANY OF AMERICA: "&tide V, Section 13. - FIDELITY AND SURETY BONDS ... the President any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the dfcer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and Mer documents of similar character issued by the company in the course of itS business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instmment conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertakhg." Extract frwn the By-Lam of SAFECO INSURANCE COMPANY OF AMERICA Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICAadopted July 28,1970. un any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of We V, Section 13 of the By-Laws, and (ii) A copy of the powerof-attorney appointment, executed pursuant thereto. and (ii) Certifying that said powerof-attorney appointment is in fun force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof.' I. Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cew that the fomgdfg extracts of the By-Law and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are bue and correct, and that both the By-law, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 27TH dayof smmw 2005 . CHRISTINE MEAD, SECRETARY I-c .- 974lSAEF 2/01 Q A registered trademark of SAFECO Corporation 06/09/2004 PDF EXHIBIT B lMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 - As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by #is bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S6248 2/03 SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called Titf and whose address is here in after called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for the North Batiquitos Interceptor Reach 6, Sea Cliff Sewer, Access Hole Replacements, Contract No. 9001-1 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. r 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 Mthout notice to the City. 7 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be vithdrawn by Contractor. em %# Revised 10/08/03 Contract No. 9001-1 Page 36 of 58 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (I) 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. IO. 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 Address /-- For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature 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. em %# Revised 10/08/03 Contract No. 9001 -1 Page 37 of 58 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City For Contractor: For Escrow Agent: em Revised 10/08/03 Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 9001-1 Page 38 of 58 Pages SUPPLEMENTAL PROVISIONS FOR NORTH BATIQUITOS INTERCEPTOR REACH 6 (SEA CLIFF SEWER) ACCESS HOLE REPLACEMENTS CONTRACT NO. 9001-1 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART I, GENERAL PROVISIONS SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .I 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. Add the following section: 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. Add the following section: 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. Add the following section: 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. e= %# Revised 10/08/03 Contract No. 9001 -1 Page 39 of 58 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. a City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. r Deputy City Engineer, Construction Management and Inspection - The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than IO percent (10%) of the original Contract Price bid. 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 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - The Public Works Director of the City of Carlsbad or hidher approved representative. em ts Revised 10/08/03 Contract No. 9001-1 Paae 40 of 58 Paaes 1-3 ABBREVIATIONS @ 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ............................ Aprtment and Apartments Bldg ............................ Building band Buildings CMWD ........................ Cakbad Municipal Water District CSSD ......................... Cakbad Supplemental Standard Drawings cfs ............................... Cubic Feet persecond Comm ....................... ..Commecial DR .............................. Dimension Ratio E ............................... ..Electic G ................................. Gas Gar ............................. Gaage and Garages GNV ............................ Gound Not Visible gpm ............................. allons perminute IE ................................ Inwt Elevation LCWD ....................... ..Leucadia CountyWater District MSL ............................ Wan Sea Level (see Regional Standard Drawing M-12) MTBM ......................... Mcrotunneling Boring Machine NCTD ......................... Noth County Transit District OHE ............................ Overhead Electric OMWD ....................... Olienhain Municipal Water District ROW .......................... Rightof-Way S ................................. Sever or Slope, as applicable SDNR ......................... San Diego Nothern Railway SDRSD ....................... San Diego Regional Sandard Drawing SFM ............................ Sever Force Main T ................................ .Blephone UE ............................. .Undeground Electric W ................................ Wer, Wider or Width, as applicable WD. ......................... .\gllecitos Water District gal ............................... Gallon and Gallons SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: 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 to 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 City Council 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 City Council and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. em Revised 10/08/03 Contract No. 9001-1 Page 41 of 58 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest wrsion of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/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. e 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. Add the following: 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 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. instrument entitling or authorizing the person who executed the bond to do so. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include Appendix "A", Technical Specifications. The specifications for the work also include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the supplements thereto, (INSERT APPROPRIATE SSPWC EDITION & SUPPLEMENT DATES) hereinafter designated "SSPWC, as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. Plans for the work are provided in Appendix "B". e= 6# Revised 10/08/03 Contract No. 9001 -1 Page 42 of 58 Pages The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. @ 2-5.2 Precedence of Contract Documents, modify as follows: 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) Contract Supplemental Provisions with Technical Specifications 3) Plans (Appendix "Bn) 4) City of Carlsbad engineering Standard, 2004 Edition 5) Supplemental Provisions. 6) State of California department of Transportation Standard Plans 7) Standard Specifications for Public Works Construction. 8) Reference Specifications. 9) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 8) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall conform to Section 01 300-Submittals found in Appendix "A -Technical Specifications. Add the following: 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 (IO) 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 therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument e= %# Revised 10/08/03 Contract No. 9001 -1 Page 43 of 58 Pages 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, Delete sections 2-9.2 and replace with the following: 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. e e% b Revised 10/08/03 Contract No. 9001-1 Page 44 of 58 Pages Add the following section: 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 (8'12" 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, field crew members and preparer 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 55 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. 0 Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 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 therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 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. QW Revised 10/08/03 Contract No. 9001 -1 Page 45 of 58 Pages Add the following section: 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. a SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion'of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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. 3-3.2.3 Markup, Delete sections 33.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: 1) Labor .................................. 20 2) Materials ............................. 15 3) Equipment Rental .................. 15 4) Other Items and Expenditures ..I 5 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Work by Contractor. The following percentages shall be added to the Contractor's costs and t3 Revised 10/08/03 Contract No. 9001-1 Page 46 of 58 Pages (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, add the following after the second sentence: 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. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: 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 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. 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.” 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. 4- 6# Revised 10/08/03 Contract No. 9001 -1 Paae 47 of 58 Paaes 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to e commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: 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 and Inspection 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) 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)(l) "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. 4- %@ Revised 10/08/03 Contract No. 9001-1 Page 48 of 58 Pages 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)(l) 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 agencymay 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 0 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 nonbinding 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 15day period, any party may petition the court to appoint the mediator. em ts Revised 10/08/03 Contract No. 9001-1 Page 49 of 58 Pages (bX1) 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 .I1 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 tules 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 .IO) 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 e 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 201 04.4, 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter. 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental 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 and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. *= I ts Revised 10/08/03 Contract No. 9001-1 Page 50 of 58 Pages 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 bome by the Contractor. 0 4-1.6 Trade names or Equals, add the following: 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 theAgency. Add the following section: 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 stared 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. i. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: 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 guatanteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate 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 therefor 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. tc Revised 10/08/03 Contract No. 9001 -1 Page 51 of 58 Pages SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Add the following section: 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. Add the following section: 6-1.2 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 therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project wrok as shown on the Project Plans and as specified in the Specifications, Section 01 01 0 provides a summary of work. Add the following section: 6-2.2 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. 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. 6-6 DELAYS AND EXTENSIONS OF TIME. Add the following section: 6-6.4 Written Notice and Report. Modify as follows: 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 othenvise 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@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. Add the following section: 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within one hundred and twenty (120) working days after the starting date specified in the Notice to Proceed. 4- Revised 10/08/03 Contract No. 9001 -1 Page 52 of 58 Pages 8 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO 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 hidher 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: 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. Delete the first sentence of the third paragraph and substitute the following two sentences: 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. @ 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred Dollars ($500.00). per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and 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. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: 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. Poticies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. I) em %# Revised 10/08/03 Contract No. 9001 -1 Page 53 of 58 Pages 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the m agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways 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@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Add the following section: 7-5.1 Caltrans Encroachment Permit. Add the following section; the City has acquired an Encroachment Permit from the State of California Department of Transportation, (Caltrans), see Appendix “D”. Fees required for the permit transfer and inspection shall be paid by for the Contractor. Contractor shall submit a letter to Caltrans requesting a permit extension a minimum of 2 weeks prior to the expiration date. The costs for permit transfer and Caltrans inspection are incidental to the Work and separate payment will be made therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 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. Add the following: 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 therefor. 7-8.5 Temporary Light, Power and Water. Add the following: 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 therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources ,Control Board (SWRCB) Order Number 99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. In addition to the above requirements, the Contractor shall adhere to best management practices e ern %# Revised 10/08/03 Contract No. 9001 -1 Page 54 of 58 Pages (BMPs) as noted on the plans, Water Pollution Control Plan (WPCP), and as detailed in the Caltrans construction Site Best Management (BMPs) Manual, November 2000 edition. The WPCP and excerpts form the Caltrans Construction site Best Management (BMPs) Manual detailing the above BMPs are contained in Appendix "D". Specifically, the following minimum BMPs shall be implemented by the Contractor. ss-1 ss-2 SS-3 or SS-6 SC-6 sc-7 sc-10 NS-6 NS-7 NS-8 NS-9 NS-10 WM-1 INM-2 LW M-4 NM-5 NM-9 - BMP Name Scheduling Preservation of Existing Vegetation Hydraulic Mulch or Straw Mulch Gravel Bag Berm Street Sweeping and Vacuuming Storm Drain Inlet Protection Illicit Connection/lllegal Discharge Detection and Reporting Potable Water/lrrigation Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance Material Delivery and Storage Material Use Spill Prevention and Control Solid Waste Management e= %# Revised 10/08/03 Contract No. 9001 -1 Page 55 of 58 Pages . Add the following section: 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. .) 7-10 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 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. 7-13 LAWS TO BE OBSERVED. Add the following: 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. SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (Not Applicable) em ts Revised 10/08/03 Contract No. 9001-1 Page 56 of 58 Pages SECTION 9 -- MEASUREMENT AND PAYMENT * 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: 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 the Standard Specifications (SSPWC). 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 (IO) 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 submihed 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. 0 Add paragraph 6 et seq. as follows: 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 subsection 3-5, Disputed Work. ‘ ern %$ Revised 10/08/03 Contract No. 9001-1 Pane 57 of 58 Paaes 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. Add the following: Except for those final payment items disputed in the written statement required in subsection 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 subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. a Add the following section: 0 Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. em Revised 10/08/03 Contract No. 9001 -1 Pane 58 of 58 Paaes APPENDICES APPENDIX A - ITEM SECTION 01 01 0 SECTION 01 300 SECTION 01 550 SECTION 021 45 SECTION 03460 SECTION 03475 APPENDIX B APPENDIX C APPENDIX D 0 APPENDIXE APPENDIX F APPENDIX G SUMMARY OF WORK SUBMITTALS SITE ACCESS AND STORAGE WASTEWATER BYPASS PRECAST CONCRETE ACCESS HOLES PVC LINING FOR INTERIOR SURFACE OF ACCESS HOLES 24" X 36 SITE PLAN SUPPLEMENTAL DETAIL DRAWINGS CALTRANS PERMIT WPCP RESIDENT NOTIFICATION CARD RIGHT OF ENTRY AGREEMENT SECTION 01010 SUMMARY OF WORK PART 1 -- GENERAL 1.1 1.2 1.3 1.4 GENERAL The WORK to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and fimishing all labor, transportation and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the Agency. WORK COVERED BY CONTRACT DOCUMENTS A. The WORK includes removing six (6) existing sewer access holes and the installation of six (6) PVC lined, replacement access holes per the specifications and plans of this contract. Work also includes wastewater bypass, and all other incidental work necessary to replace the access holes and restore the surrounding area to the pre-construction condition. B. The WORK is located within a sewer easement paralleling Interstate 5 right-of -way boundary line. Access to work may require encroachment onto Caltrans right-of-way and Sea Cliff HOA property. The Contractor shall transfer the enclosed Caltrans Encroachment Permit, Appendix “D”. The Contractor shall pay all cost for permit transfer. Additionally a right of entry agreement with the Sea Cliff HOA is included in Appendix “E” of this contract. CONTRACT METHOD The WORK, hereunder will be constructed under Schedule “A” unit prices. WORK BY OTHERS A. The CONTRACTOR’S attention is directed to the fact that work may be conducted at the site by other contractors during the performance of the WORK under this Contract. The CONTRACTOR shall conduct its operations so as to cause a minimum of interference with the WORK of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. JULY 2005 NBIS REACH 6 SUMMARY OF WORK 01 01 0-1 the progress of the WORK, and shall schedule the WORK so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.5 CONTRACTOR USE OF PROJECT SITE The CONTRACTOR'S use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. 1.6 PROJECT MEETINGS A. Preconstruction Conference 1. Prior to the commencement of WORK at the site, a preconstruction conference will be held at a mutually agreed time and place which shall be attended by the CONTRACTOR'S Project Manager, its superintendent, and its subcontractors as the CONTRACTOR deems appropriate. Other attendees will be: a. CONSTRUCTION MANAGER. b. Representatives of the Agency. c. Governmental representatives as appropriate. d. Others as requested by CONTRACTOR, ENGINEER, or. CONSTRUCTION MANAGER. 2. Unless previously submitted to the CONSTRUCTION MANAGER, the CONTRACTOR shall bring to the conference one copy each of the following: a. 60-Day Plan of Operation. b. c. d. e. Project Overview Bar Chart Schedule. Procurement schedule of major equipment and materials and items requiring long lead time. Shop Drawing/Sample/Substitute or "Or Equal" submittal schedule. Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. JULY 2005 NBIS REACH 6 SUMMARY OF WORK 01010-2 B. 3. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The complete agenda will be furnished to the CONTRACTOR prior to the meeting date. However, the CONTRACTOR should be prepared to discuss all of the items listed below. a. b. C. d. e. f. g. h. 1. j- Status of CONTRACTORS insurance and bonds. CONTRACTOR'S tentative schedules. Transmittal, review, and distribution of CONTRACTOR'S submittals. Processing applications for payment. Maintaining record documents. Critical work sequencing. Field decisions and Change Orders. Use of project site, office and storage areas, security, housekeeping, and ENGINEER'S needs. Major equipment deliveries and priorities. CONTRACTOR'S assignments for safety and first aid. 4. The ENGINEER will preside at the preconstruction conference and will arrange for keeping and distributing the minutes to all persons in attendance. e 5. The CONTRACTOR and its subcontractors should plan on the conference taking no less than 1 full working day. The first day will cover the items listed in paragraph 3, and the following day@) will be spent on reviewing the plans and specifications, in extensive detail, with the CONSTRUCTION MANAGER and the ENGINEER. Progress Meetings 1. The CONTRACTOR shall schedule and hold regular on-site progress meetings at least weekly and at other times as requested by CONSTRUCTION MANAGER or as required by progress of the WORK. The CONTRACTOR, CONSTRUCTION MANAGER, and all subcontractors active on the site must attend each meeting. CONTRACTOR may at its discretion request attendance by representatives of its suppliers, manufacturers, and other subcontractors. 2. The CONSTRUCTION MANAGER shall preside at the meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings will be to review the progress of the WORK, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the CONTRACTOR is required to present any issues which may impact his work, with a view to resolve these issues expeditiously. JULY 2005 NBIS REACH 6 SUMMARY OF WORK 01010-3 1.7 DEFINITIONS APPLICABLE TO TECHNICAL SPECIFICATIONS A. The following words have the meaning defined in the Technical Portions of the WORK: Indicated - is a word used to direct the CONTRACTOR to information contained on the drawings or in the Specifications. Terms such as 'lshown," "noted," "scheduled," and "specified" also may be used to assist in locating information but no limitation of location is implied or intended. Furnish - means to supply and deliver to the site, to unload and unpack ready for assembly, installation, testing, and startup. Install - defines operations at the site including assembly, erection, placing, anchoring, applying, shaping to dimension, finishing, curing, protecting, and cleaning, ready for the ENGINEER'S use. Provide - is defined as furnish and install, ready for the intended use. Installer - a person or firm engaged by the CONTRACTOR or its subcontract or any subcontractor for the performance of installation, erection, or application work at the site. Installers must be expert in the operations they are engaged to perform. PART 2 -- PRODUCTS Products shall comply with the specifications within this contract. PART 3 -- EXECUTION Execution shall comply with the specifications within this contract. JULY 2005 MIS REACH 6 ** END OF SECTION ** SUMMARY OF WORK 01010-4 SECTION 01300 SUBMTITALS 1.0 GENEW Submittals covered by these requirements include manufacturers' information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous WORK-related submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The CONTRACTOR shall fiunish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's installation and other instructions as specifically required in the contract documents to demonstrate fully that the materials and equipment to be furnished and the methods of WORK comply with the provisions and intent of the contract documents. 2.0 CONTRACTORS RESPONSIBILITIES The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of WORK shall be as described in the submittal. The CONTRACTOR shall venfy that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where his submittal may affect the WORK of another CONTRACTOR or the OWNER. The CONTRACTOR shall coordinate submittals among his subcontractors and suppliers including those submittals complying with unit responsibility requirements specified in paragraph 1 1000-1.02 C and applicable technical sections. The CONTRACTOR shall coordinate submittals with the WORK so that WORK will not be delayed. He shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The CONTRACTOR shall not proceed with WORK related to a submittal until the submittal process is complete. This requires that submittals for review and comment shall be returned to the CONTRACTOR stamped "No Exceptions Taken'' or "Make Corrections Noted." The CONTRACTOR shall certify on each submittal document that he has reviewed the submittal, verified field conditions, and complied with the contract documents. The CONTRACTOR may authorize in writing a material or equipment supplier to deal directly with the ENGINEER or with the OWNER with regard to a submittal. These dealings shall be limited to contract interpretations to clarify and expedite the WORK. JULY 2005 NBIS REACH 6 SUBMITTALS 01 300-1 3.0 CATEGORIES OF SUBmALS A. GENERAL: Submittals fall into two general categories: submittals for review and comment, and submittals which are primarily for information only. Submittals which are for information only are generally specified as PRODUCT DATA in Part 2 of applicable specification sections. At the beginning of WORK, the ENGDEER will furnish the CONTRACTOR lists of those submittals specified in the project manual. Two separate lists will be provided: submittals for review and comment and product data (submittals) for information only. B. SUBMITTALS FOR REVIEW AND COMMENT: All submittals except where specified to be submitted as product data for information only shall be submitted by the CONTRACTOR to the ENGINEER for review and comment. C. SUBMITTALS (PRODUCT DATA) FOR INFORMATION ONLY: Where specified, the CONTRACTOR shall furnish submittals (product data) to the ENGINEER for Information only. 0 4.0 TRANSMITTAL PROCEDURE A. GENERAL: Unless otherwise specified, submittals regarding material and equipment shall be accompanied by Transmittal Form 01300-A specified below. JULY 2005 NBIS REACH 6 SUBMITTALS 01300-2 0 1300-A. SUBMITTAL, TRANSMITTAL FORM: SUBMITTAL TRANSMITTAL OWNER PROJECT: CONTRACTOR - Submittal Description: Submittal No: Spec Section: Routing Sent Received Contractor/CM Ch4/Engineer Engineer/CM C h4lContractor Item We are sending you OAttached UUnder separate cover via 0 Submittals for review and comment Elproduct data for information only Review Section Review Reviewer comments Copies Date No. Description action' initials attached - 'Note: NET = No exceptions taken; MCN = Make corrections noted; A&R = Amend and resubmit; R = Rejected Attach additional sheets if necessary. Contractor Certify either A or 8: A. B. We have verified that the material or equipment contained h this submittal meets all the requirements, including coordination with all related WORK, specified (no exceptions). We have verified that the material or equipment contained in this submittal meets all the requirements specified except for the attached deviations. - NO. Deviation Certified by: Contractor's Signature See paragraph 01 300-4.0 A, Transmittal Procedure. 1 ~~~ ~ NOVEMBER 2003 NBLS IMPROVEMENTS SUBMITTALS 01300-3 A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX"; where "XXX" is the sequential number assigned by the CONTRACTOR. Resubmittals shall have the following format: "XXX-Y"; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, Le., A, B, or C being the Ist, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of submittal 25. B. DEVIATION FROM CONTRACT: If the CONTRACTOR proposes to provide material, equipment, or method of WORK which deviates from the project manual, he shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. C. SUBMITTAL COMPLETENESS: Submittals which do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. 5.0 REVIEW PROCEDURE A. GENERAL,: Submittals are specified for those features and characteristics of materials, equipment, and methods of operation which can be selected based on the CONTRACTORS judgment of their conformance to the specified requirements. Other features and characteristics are specified in a manner which enables the CONTRACTOR to determine acceptable options without submittals. The review procedure is based on the CONTRACTOR'S guarantee that all features and charac- teristics not requiring submittals conform as specified. Review shall not extend to means, methods, techniques, sequences or procedures of construction, or to verifjmg quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the project manual) or to safety precautions or programs incident thereto. Review of a separate item, as such, will not indicate approval of the assembly in which the item functions. NOVEMBER 2003 NBLS IMPROVEMENTS SUBMITTALS 01300-4 When the contract documents require a submittal, the CONTRACTOR shall submit the specified information as follows: 1. Six copies of all submitted information plus one reproducible original of all information shall be transmitted with submittals for review and comment, 2. Unless otherwise specified, six copies of all submitted information shall be transmitted with submittals (Product Data) for information only. B. SUBMITTALS FOR REVIEW AND COMMENT: Unless otherwise specified, within 20 working days after receipt of a submittal for review and comment, the ENGINEER shall review the submittal and return three copies of the marked-up reproducible original noted in 1 above. The reproducible original will be retained by the ENGINEER. The returned submittal shall indicate one of the following actions: 1. If the review indicates that the material, equipment or WORK method complies with the project manual, submittal copies will be marked "NO EXCEPTIONS TAKEN." In this event, the CONTRACTOR may begin to implement the WORK method or incorporate the material or equipment covered by the submittal. 2. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED." The CONTRACTOR may begin implementing the WORK method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in O&M data, a corrected copy shall be provided. 3. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT." Except at his own risk, the CONTRACTOR shall not undertake WORK covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." 4. If the review indicates that the material, equipment, or WORK method does not comply with the project manual, copies of the submittal will be marked "REJECTED - SEE REMARKS." Submittals with deviations which have not been identified clearly may be rejected. Except at his own risk, the CONTRACTOR shall not undertake the WORK covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." NOVEMBER 2003 NBLS IMPROVEMENTS SUBMITTALS 01300-5 C. SUBMTTTALS (PRODUCT DATA) FOR INFORMATION ONLY: Such information is not subject to submittal review procedures and shall be provided as part of the WORK under this contract and its acceptability determined under normal inspection procedures. 6.0 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS Review of contract drawings, methods of WORK, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the CONTRACTOR of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the contract on account of the failure, or partial failure, of the method of WORK, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the OWNER has no objection to the CONTRACTOR, upon his own responsibility, using the plan or method of WORK proposed, or providing the materials or equipment proposed. NOVEMBER 2003 NBLS IMPROVEMENTS END OF SECTION SUBMITTALS 01300-6 SECTION 02 145 SEWER BYPASSING AND DEWATERING PART l--GENERAL 1.01 DESCRIPTION A. . SCOPE: This section specifies the requirements for temporary bypassing and dewatering of sewers. B. REQUIREMENTS: The work of this Section includes the requirements for installation of a sewer bypass system to be used to temporarily divert trunk sewer flows around sections of the project under construction in conformance with these specifications and the contract documents. Due to the volume of sewage flow in the sewer line, and sensitive environmental habitats, at no time will the bypass system be allowed to fail as described in this Section. The Contractor shall take all precautions and steps necessary to maintain the bypass system 24 hours a day while the project is under construction. Any spills or flow of sewage other than through the bypass system and trunk sewer shall result in immediate shutdown of the project and the Contractor will incur liquidated damages. The Contractor will be required to clean up all spills per direction of the City or other governing agencies. All cost for cleanup of spilled sewage will be borne by the Contractor. The Contractor shall meet with the Engineer and City prior to placement of the bypass system, but after submittal to and review by the Engineer and City of the bypass plan, in order for all parties to review and raise concerns over the plan and system. Forty-eight hours prior to implementation of the approved bypass plan, the Contractor shall contact the City to coordinate shutting down the upstream pump station to facilitate installation of the bypass system. 1.02 SUBMITTALS Within 21 days of notice to proceed, the CONTRACTOR shall submit, in accordance with Section 01300, drawings and complete design data showing methods and equipment he proposes to utilize in sewer bypassing and dewatering. The submittal shall include the following: A. Sewer Bvpass Plan: A sewer bypass plan shall be submitted to the Engineer for approval. The sewer bypass system plan and calculations shall be prepared and stamped by a civil engineer registered in the State of California. Approval must be attained prior to placement of any bypass equipment on the project. The sewer bypass plan shall include, but not be limited to the following: 1) Drawings showing the location of piping, all appurtenances, trunk sewer jJULY 2005 NBIS IMPROVEMENTS SEWER BYPASSING AND DEWATERING 02145-1 B. main and lateral connections, etc. Calculations showing that the proposed bypass system meets the design capacity requirements of this Section. Name and manufacturer designation of equipment used in sewer bypass system. Name, address, phone and fax number, e-mail, and contact name of bypass system manufacturer, or representative. Emergency sewer bypass contingency plan including outlining measures for preventing spills and containment measures in the event of a spill.. Name, address, and phone number of all personnel in-charge of and overseeing bypass system, and all personnel maintaining bypass system. Name, address, phone number, and pager number of two (2) contacts employed by the Contractor that can be called by the City, Engineer, or other appointed representative for emergencies 24 hours a day. Sewer Bvpass Meeting: The Contractor, City, and Engineer shall meet at a designated date and location set by the Engineer and City, after submittal and review of the bypass system plan by the Engineer and City. This meeting will be conducted by the Engineer and City. This meeting is designed to allow both the Contractor, City, and Engineer to discuss issues and concerns on the bypass system and plan. Final approval of the bypass system plan will not take place until completion of the meeting and all changes to the plan required by the Engineer and City are met by the Contractor. 2) 3) 4) 5) 6) 7) 1.03 JOB CONDITIONS A. AVAILABLE DATA: The peak dry weather flow rate influent to the lift station upstream of this work (North Batiquitos Lift Station ) is 1.47 million gallons per day (MGD). The peak wet weather flow rate is 2.16 MGD. The bypass system design must meet a maximum flow of 1,500 gallons per minute. The approximate retention capacity of the emergency storage reservoir is 121,000 gallons. The use of this information in no way relieves the CONTRACTOR fiom his responsibility for design, construction, and operation of an adequate and properly hctioning bypass and dewatering system. Any additional testing or gathering of flow data are the responsibility of the CONTRACTOR. B. PROTECTION: Where bypassing is required, the CONTRACTOR shall ensure that service for connecting laterals is not disrupted. All bypassed flow shall be discharged into the lift station emergency storage reservoir. No bypassing to the ground surface, receiving streams, storm drains, or bypassing which results in groundwater or surface water contamination or potential environmental or health hazards shall be permitted. The CONTRACTOR shall provide spill containment to prevent spilled wastewater from reaching the Batiquitos Lagoon. jJULY 2005 NBIS IMPROVEMENTS SEWER BYPASSING AND DEWATERING 02 145-2 C. SCHEDULING: The bypassing and dewatering systems shall not be shut down between shifts, on holidays or weekends, or during WORK stoppages without written permission fiom the Engineer. PART 2--PRODUCTS A. GENEW: The Contractor shall furnish and install all sewer bypass system equipment required for construction of the Project per the Contract Documents. The sewer bypass system shall include all pipe, pumps, power sources, and stand-by equipment to provide a complete and operable system to bypass the entire flow of the trunk sewer system, as specified and shown on the Contract Documents. PART 3--EXECUTION 3.01 3.02 3.03 3.04 SEWER BYPASSING A. GENERAL: Sewer bypassing shall be accomplished by pumping or diverting the upstream flow around the CONTRACTOR’S WORK or as directed by the Engineer. The bypass system shall be installed with redundancy or contingency plan to the satisfaction of the Engineer. No bypass shall be implemented prior to approval of plans by the Engineer. STANDBY EQUIPMENT The CONTRACTOR shall maintain on site sufficient equipment and materials to ensure continuous and successll operation of the bypass and dewatering systems, Standby pumps shall be fkeled and operational at all times. Standby pumps shall be connected to the lift station bypass piping by means of a manifold, and designed to operate should the main pumps fail. The CONTRACTOR shall maintain on site a sufficient number of valves, tees, elbows, connections, tools, sewer plugs, piping and other parts or system hardware to ensure immediate repair or modification of any part of the system as necessary. DAMAGES The CONTRACTOR shall repair without cost to the OWNER any damage that may result from his negligence, inadequate or improper installation, maintenance and operation of bypassing and a dewatering system including mechanical or electrical failures. PENALTIES jJULY 2005 NBIS IMPROVEMENTS SEWER BYPASSING AND DEWATERING 02 145-3 Bypassing of untreated or partially treated sewage to surface waters or drainage courses is prohibited during construction. In the event accidental bypassing is caused by the CONTRACTOR'S operations, the OWNER shall immediately be entitled to employ others to stop the bypassing without giving written notice to the CONTRACTOR. Penalties imposed on the OWNER as a result of any bypass caused by the actions of the CONTRACTOR, his employees, or subcontractors, shall be borne in full by the CONTRACTOR, including legal fees and other expenses to the OWNER resulting directly or indirectly from the bypass. . END OF SECTION jJULY 2005 NBIS IMPROVEMENTS SEWER BYPASSING AND DEWATERING 02 145-4 SECTION 03460 PRECAST CONCRETE ACCESS HOLES PART 1: GENERAL 1.1 DESCRPTION Precast concrete access holes shall be constructed in accordance with the design, size and details and at the locations shown on the Plans. Specifications for relative work are as follows: ASTM C478, Concrete; ASTM A48, Gray-Iron Castings; California Construction Safety Orders Article 4, Section 1532, Confined Spaces. 1.2 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification section(s) for additional requirements: A. Shop Drawing Submittals: 01300 B. PVC Lining for Interior Concrete Surface of Machines: 03475 1.3 1.4 SUBMITTALS Contractor shall furnish submittals in accordance with the requirements of Section 01 300, Shop Drawing Submittals. The following submittals are required: A. Submit Shop Drawings of the precast access hole. B. Transition Couplings PAYMENT Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. PART 2: MATERTALS 2.1 PRECAST ACCESS HOLES Precast reinforced concrete access hole riser and tops shall be constructed of Class A concrete and shall conform to the Specifications of ASTM C478, except as herein modified. The minimum allowable steel shall be hoops of No. 4 wire, to be cast into each unit at adequate places as a precautionary measure for handling. Access hole components shall be designed for H-20 highway loads and site soil conditions. JULY 2005 MIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-1 2.2 2.3 The minimum nominal shell thickness for formed and vibrated sections shall be 1/8 of the internal diameter of the riser or largest cone diameter. Access holes shall be fabricated only from eccentric taper sections and standard cylinder units of the proper internal diameter. Access hole sections shall be cast without galvanized steel ladder rungs unless otherwise shown on the Plans, Precast access holes shall be furnished with a PVC lining (T-lock) system per Section 03475. Precast concrete access holes shall be manufactured by Associated Concrete Products, heron, Southwest Concrete Products, Inland Concrete Products, or approved equal. DROP ACCESS HOLES The materials and construction of drop access holes shall conform to the applicable provisions of the Specifications for precast access holes (including frames and covers), except as herein modified by Specifications and/or Plans. Drop access hole sections shall be lined with an epoxy lining as manufactured by Armco T-plate or approved equal. ACCESS HOLE FRAMES AND COVERS Castings for frame and cover sets shall conform to the requirements for gray iron castings in ASTM A48 for Class 30 castings. Frames and covers shall be designed for H-20 loading. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection, after which they shall be dipped twice in a preparation of asphalt or coal tar and oil applied at a temperature of not less than 290" F nor more than 3 10" F and in such a manner as to form a firm and tenacious coating. Each cover shall be ground or otherwise finished so that it will fit in its frame without rocking, and frames and covers shall be match-marked in sets before shipping to the site. Covers shall have the word "CITY OF CARLSBAD" and "SEWER' and the specified lettering cast thereon as shown on the Plans per City Standard Drawing S-4. No other lettering on the top side will be permitted. PART 3: EXECUTION 3.1 3.2 GENERAL Access hole locations are fixed and cannot be moved to accommodate pipe manufacturing or laying. If necessary, special lengths will be provided to meet access hole location requirements. WORK WITHIN EXISTING ACCESS HOLES Any proposed Work inside an existing access hole, which is part of a sewage system in service, shall not be undertaken until all the tests and safety provisions of Article 4, Section 1532 "Confined Spaces" State of California Construction Safety Orders have been made. JULY 2005 NBIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-2 3.3 EXCAVATION e The Contractor shall prepare an excavation large enough to accommodate the structure and permit grouting of openings and backfilling operations. Earthwork shall conform to Section 02200, Earthwork, except as herein modified. 3.4 ACCESS HOLE BASE The access hole base shall be poured in place against undisturbed soil with Class A portland cement concrete. The access hole stubs and sewer main shall be set before the concrete is placed and shall be rechecked for alignment and grade before the concrete has set. The various sized inlets and outlets to the access hole shall be located as indicated on the Plans. The access hole base shall extend 12-inches below the bottom of the lowest pipe. Invert elevations of connecting sewers may vary depending upon sizes. The crown elevation of all pipes shall be the size as the crown elevation of the largest pipe unless otherwise indicated on the Plans. The invert of the access hole base shall be hand worked so as to provide channels conforming in % size and shape to the lower portions of the inlets and outlets. The channel shall vary uniformly in size and shape from inlet to outlet, and be constructed higher than pipe as indicated on the Plans. The access hole invert channels shall be smooth and accurately shaped. Channels may be formed directly in the concrete base. Straight through channels in access holes with not tributaries may be constructed with SDR 35 PVC pipe through the access hole. The top section of pipe shall be removed flushwith top of the self and with the top edge beveled, sloping inward toward the center of the pipe. All cuts shall be neat and dressed minimizing burrs and rough edges In cases where replacing access holes, transitioning to the existing upstream and downstream pipelines requires that the Contractor provide a submittal for the transition plan and the products to be used, for the Engineer approval. All transitions shall be smooth and of the proper radius to give an uninterrupted transition of flow. The concrete base shall be shaped with a wood float and shall receive a hard-steel trowel finish prior to the concrete setting. In the event additional mortar is required after initial set has taken place, the surface to receive the mortar shall be primed, and the mortar mixed with "Willhold Concrete Adhesive" in the amounts and proportions as recommended by the manufacturer and as directed by the Engineer in order to secure as chip-proof a result as possible. The bases shall set a minimum of 24 hours before the access hole construction is continued. In certain critical situations the time of setting may be reduced upon approval of the Engineer. 3.5 ACCESS HOLES Each access hole section shall be set in a bed of mortar with butyl rubber sealant (Std Dwg S 1A) to make a watertight joint, shall be neatly banded on the inside and out, and shall be set perfectly plumb. Sections of various height grade rings shall be used in order to bring the top of the access hole ring and cover to the elevation established on the Plans, but limited to maximum of 18-inches of grade ring unless otherwise instructed by the Engineer. The precast concrete access hole rings JULY 2005 NBIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-3 3.6 3.7 3.8 3.9 0 shall be jointed with a minimum thickness of %-inch of portland cement mortar along with the butyl rubber sealant. Mortar shall be composed of one part portland cement to two parts of clean well-graded sand of such size that all pass a No. 8 sieve. Cement, aggregate, and water for mortar shall conform to the applicable provisions of Section 03300, Concrete Construction. Preformed, cold-applied, ready-to- use plastic joint sealing compound may be substituted for mortar between units and must be used when groundwater is encountered. The finished elevations at which access hole frames and covers are to be set shall conform to the requirements set forth on the Plans, but in all cases shall be governed by the Engineer in the field. Where the frame and cover are in existing pavement or in the traveled way of the existing road shoulder, it is to be placed flush with the existing surface. Where the structure is outside the limits of the traveled shoulder but not in the roadside ditch, it should be placed l/lO-foot above the existing ground surface. Where the access hole cover falls in the existing roadside ditch or easement right-of-way "offsite," it is to be placed approximately 18-inches above the existing ground surface or as directed by the Engineer. Access hole frames shall be set at the required grade and shall be securely attached to the top precast access hole shaft unit with a cement-mortar bed and fillet as shown on the Plans. After the frames are securely set in the place provided herein, covers shall be installed and, all necessary cleaning and scraping of foreign materials from the frames and covers shall be accomplished to ensure a fine satisfactory fit. ACCESS HOLE STUBS AND STOPPERS Sewer pipe shall be furnished and installed in access holes at the locations and in conformance with the Plans. AI1 stubs shall be plugged with stoppers or brick walI plugs as shown on the Plans for various sizes of pipe. Where new construction is started at the stub of an existing access hole, the Contractor shall brick the opening into the access hole before he removes the plug or stopper ftom the stub. Said bricked opening shall remain in place until the Contractor has tested and completed the Work. BULKHEADING ACCESS HOLE STUB CHANNELS Brick and mortar bulkheads shall be installed by the Contractor at the downstream end of all unused stub channels over 5-feet in length to prevent the creation of a septic condition resulting from ponding of sewage and debris in the unused channels, until such time as the access hole stub is connected and normal sewage flow can occur. On short stub only a plug Will be required. PLUGGING UPSTREAM END OF THE NEW SEWER In order to prevent accidental use of the new sewer prior to completion and acceptance, the inlet to existing tie-in access holes shall be sealed with broken brick and mortar. Installation ofthese plugs shall be approved by the Engineer. Plugs shall be removed at the time of final inspection or as directed by Engineer. DAMP-PROOFING JULY 2005 NBIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-4 3.10 3.1 1 3.12 At the discretion of the Engineer, Damp-proofing material shall be applied to the exterior surfaces of access holes in accordance with the manufacturer’s recommendations. The material shall be applied to all exterior surfaces below a point one foot above the water table or indications of seepage or moisture as directed by the Engineer (Std Dwg SlA). BACKFILL Select backfill material consisting of clean sand shall be used around all access holes. It shall be consolidated by water jetting or compacted by pneumatic tampers to obtain a relative density of 95% unless otherwise specified on the Plans. CONCRETE RING A Class B concrete ring shall be cast around access hole frames that are flush with the surface as shown on the Plans. The ring shall be placed after final grading or paving together with final cleanup. WATERTIGHTNESS OF ACCESS HOLES A. General: It is the intent of the Specifications that access holes and appurtenances be watertight and free fiom infiltration. All access holes are to be banded both inside and outside with cement-mortar grout. Where access holes are to be given a protective lining or coating, they shall be free of any seeping or surface moisture. The adequacy of access holes and appurtenances as to watertightness shall be determined by the Engineer and shall be tested by filling with water. . B. Access hole Test: Watertightness of access holes may be tested in connection with tests of sanitary sewers or at the time the access hole is completed and backfilled. The Contractor shall plug all inlets and outlets with approved stoppers or plugs and fill the access hole to the limits indicated below. Any evidence of leakage as a result of testing shall be repaired to the satisfaction of the Engineer. The access hole shall be filled with water to an elevation 1 -foot below the start of the cone section, with a minimum depth of 4-feet and a maximum depth of 20-feet. The water shall stand in the access hole for a minimum of one hour to allow the access hole material to reach maximum absorption. After the one-hour period has elapsed, the Contractor shall refill the access hole to the original depth and the drop in water surface shall be recorded after a period of from fifteen minutes to one hour has elapsed (said time of the test shall be determined by the Engineer and shall be varied by the Engineer to fit the various field conditions). The maximum allowable drop in the water surface shall be %-inch for each 15-minute period of testing. Even though the leakage is less than the specified amount, the Contractor shall stop any leaks that may be observed to the satisfaction of the Engineer. JULY 2005 NBIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-5 C. Vacuum Testing of Access holes: At the owner’s option the access holes may be vacuum tested in lieu of water test. Vacuum testing shall include the following: 1. Vacuum testing equipment shall be as manufactured by P.A. Glazier, Inc. or approved equal. 2. Access holes shall be tested after assembly and prior to mortaring the joints or backfilling. In case of access holes incorporating a PVC liner, the testing is to take place prior to mortaring the joints, welding the linear seams between sections or backfilling. 3. All lift holes shall be plugged with an approved grout prior to testing. 4. All pipes entering the access hole shall be plugged, and bracing installed, to prevent the plug from being drawn into the access hole. 5. The test head shall be placed inside the top of the cone section and the seal inflated in accordance with the manufacturer’s recommendations. 6. A vacuum of 10 inches of mercury shall be drawn. The time shall be measured for the vacuum to drop to 9 inches. The access hole shall pass the test if the time taken for the drop is greater than 60 seconds. 7. If the access hole fails the test, necessary repairs shall be made and the test repeated until acceptable results are obtained. The leak(s) shall be located and repaired according to their nature with material-in-kind. 3.13 CONNECTIONS TO EXISTING ACCESS HOLES New connections to existing access holes wherein stubs have not been provided shall be made by core drilling through the walls and base as directed by the Engineer. END OF SECTION JULY 2005 NBIS REACH 6 PRECAST CONCRETE ACCESS HOLES 03460-6 SECTION 03475 PVC Ll"G FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES PART 1 - GENERAL. 1.1 DESCRIPTION This section covers the work necessary to furnish and install, complete, PVC lining (white color) for concrete surfaces that are exposed to sewage immersion or sewage atmosphere, as indicated on the drawings or specified herein. The manufacturer of the lining shall furnish an affidavit attesting to the successful use of its material as a lining for sewer pipes or sewage containment structures for a minimum period of IO years in sewage conditions recognized as corrosive or otherwise detrimental to concrete, 1.2 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification section(s) for additional requirements: A. Shop Drawing Submittals: 01300 B. Precast Concrete Access holes: 03460 1.3 SUBMITTALS The Contractor shall furnish in accordance with the requirements of Section 01300, Shop Drawing Submittals. Submittals shall include the following: A. Shop Drawings, material lists, manufacturer's literature, catalog cuts and other information. B. Submit an affidavit from the liner manufacturer that all delivered materials comply with the requirements of the Plans and Specifications. 1.4 PAYMENT Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-1 PART 2 - MATERIALS 2.1 GENERAL a PVC liner shall be of two (2) types: Type 1 shall have locking extensions and shall be used for formed or vertical surfaces. Type 2 shall poJ have locking extension (it will be plain sheet), and shall be used for unformed or horizontal surfaces. Type 1 PVC liner shall be installed on the interior concrete surface of the access hole. Type 2 PVC liner shall be used on the unformed concrete fillet areas of the access hole. If not otherwise specified hereinafter, undifferentiated references to “PVC Liner” shall be understood to refer to both Type 1 and Type 2 liner. Type 1 PVC liner shall be secured to the underlying surface by means of its locking extensions, Type 2 PVC liner shall be secured to the underlying surface primarily by means of an adhesive as recommended by the PVC liner manufacturer. The adhesive anchorage shall be augmented by stainless steel expansion anchors. The mechanical anchorage system (including sealing materials, batten strips and other accessories) shall be as recommended by the manufacturer. Explosive-drive anchors shall not be used for this purpose. Anchors shall be Type 304 stainless steel “Lite Spike” (3/16-inch diameter x 1 %-inch long with EPDM sealing washer) installed in a drilled hole per the anchor manufacturer’s recommendations. The anchor manufacturer shall be Rawlplug Company (Anaheim, California) or approved equal. Anchor holes shall be sealed using Sikadur No. 31 (Sika Corporation; Santa Barbara, California) or “Concressive Past LPL” (Master Builders; Cleveland, Ohio). A sealing agent such as Sikaflex 1A that does not setup and harden shall not be used. A four inch (4”) wide joint strip shall be welded over all mechanical anchors to seal them fiom contact with the sewage. Us e heron’s one inch (1”) wide weld strip on both sides of the four inch (4”) wide joint strip to seal it to the underlying her-Plate. The seal shall be continuous and watertight along its entire length. A single, continuous piece of joint strip shall be provided to cover each row of anchors. 2.2 COMPOSITION OF LINER The material used in the liner and in all joint, corner and welding strips shall be a combination of poly (vinyl chloride) resin, pigments and plasticizers, specially compounded to remain flexible. Poly (vinyl chloride) resin shall constitute not less than 99 percent, by weight, of the resin used in the formation. Copolymer resins will not be permitted. JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-2 All plastic liner plate sheets, joint, comer, and welding strips shall nave the following physical properties when tested at 77" F* 5". Properol Initial Jpar.2.4) Tensile Strength 2,200 psi min. 2,100 psi min. Shore Durometer Elongation at Break 200% min. 200% min. Type D 1-spec. 50-60 h5 with respect to h5 initial test result 10-spec. 35-50 Weight Change k1.5% Tensile specimens shall be prepared and tested in accordance with ASTM D412 using die. Weight change specimens shall be 1-inch by 3-inch sample of the sheet thickness. Specimens may be taken from sheet and strip at any time prior to final acceptance of the work. Liner plate locking extensions embedded in concrete shall withstand a test pull of at least 100 pounds per linear inch, applied perpendicularly to the concrete surface for a period of one minute, without rupture of the locking extensions or withdrawal form embedment. This, test shall be made at a temperature of 70-80°F inclusive. All plastic liner plate sheets, including locking extensions, all joint, corner, and welding strips shall be fiee of cracks, cleavages, or other defects adversely affecting the protective characteristics of the material. The Engineer may authorize the repair of such defects by approved methods. The lining shall have good impact resistance, shall be flexible, and shall have an elongation suffkient to bridge up to %-inch settling cracks, which may occw in the pipe, joint of structure after installation, without damage to the lining. The lining shall be repairable at any time during the life of the pipe or structure. 2.3 CHEMICAL RESISTANCE TESTING After conditioning to constant weight at 1 1 O'F, tensile specimens and weight change specimens shall be exposed to the following solutions for a period of 1 12 days at 77*F*5. At 30 day intervals, tensile specimens and weight change specimens shall be removed fkom each of the chemical solutions and tested in accordance with Paragraph 2.3.2. If any specimen fails to meet the 1 12-day requirements before completion of the 112-day exposure, the materials will be subject to rejection. CHEMICAL SOLUTION CONCENTRATION Sulfuric Acid .................................................................... 20%* Sodium hydroxide ................................................................. 5% Ammonium hydroxide ........................................................ 5%* Nitric acid ............................................................................. 1% Ferric chloride ....................................................................... 1 % Soap ................................................................................... 0.1% Detergent (linear alkyl benzyl sulfonate or LAS) .............. 0.1% Bacteriological .............................................. BOD not less than 7OOppm * Volumetric percentages of concentrated CP grade reagents. JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-3 2.4 DIMENSION OF BASIC SIZE SHEET (4-FOOT WIDTHS) Type 1 linear sheets shall be minimum of 0.065-inch in thickness. Locking extensions (T-shaped) of the same materials as that of the liner shall be integrally extruded with the sheet. Locking extensions shall be approximately 2.5-inches apart and shall be at least 0.375-inches high. Type 2 liner sheets shall be 3/32-inch in thickness. Liner sheets shall be white in color. 0 Sheets shall have a nominal width of 48-inches and a length of not more than 24-feetY except that longer lengths may be supplied on special order. Lengths specified shall include a tolerance at a ratio of &%-inch for each 100-inches. Sheets no used for shop fabrication into larger sheets shall be shop tested for pinholes using an electrical spark tester set at 20,000 volts minimum. Any holes shall be repaired and retested. 2.5 MANUFACTURER Liner and accessories shall be her-Plate Y T-Lock liner, Amer-Plate plain sheet liner, her- Plate 94Y welding strips, and Amer-Plate 19Y adhesive system (thinner, primer and adhesive) as manufactured by heron Protective Linings Division (Brea, California) or approved equal. PART 3 - EXECUTION 3.1 INSTALLATION a - Installation of the lining, including preheating of sheets in cold weather and the welding of all joints, shall be done in accordance with the recommendations of the manufacturer. Coverage of the lining shall not be less than the minimum shown on the Plans or specified herein. The plain sheet PVC liner shall be welded to the PVC wall liner around the entire periphery of the protected strictures. The lining shall be installed with the locking extensions running vertically except for where horizontal locking extensions are recommended by the PVC liner manufacturer to seal liner terminations. The lining shall be held snugly in place against inner forms by means of steel banding straps or other means recommended by the manufacturer. Banding straps must be located in the precut channels to prevent crushing or tilting of the locking extensions. If banding straps are used, a steel channel, angle, or bar may be inserted along the edge locking extension of each liner for concrete pipe or cast-in-place structures. Steel channel, angle, or bar shall be of sufficient stiffness to hold the longitudinal edges of the lining snugly against the form. These may be removed after the concrete is vibrated into place. Locking extensions shall terminate not more than one and one-half inches (1 W’) from the end of the formed wall section. When used, joint flaps shall extend approximately four inches (4”) beyond the end of the inside surface. D JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-4 Concrete poured against the PVC liner shall be vibrated, spaded, or compacted in a careful manner so as to protect the lining and produce a dense, homogenous concrete, securely anchoring and locking extensions into the concrete. In removing forms, care -should be taken to protect the lining from damage. Sharp instruments shall not be used to pry forms fiom lined surfaces. When forms are removed, any nails that remain in the lining shall be pulled, without tearing the lining, and the resulting holes clearly marked. Form tie holes shall be marked before ties are broken off and all areas of serious abrasion or damage shall be marked. All nail and tie holes and all cut, torn, and seriously abraded areas in the lining shall be patched. Patches made entirely with welding strip shall be fused to the liner over the entire patch area. Larger patches may consist of smooth liner sheet applied over the damaged area with adhesive. All edges must be covered with welding strip fused to the patch and to the sound lining adjoining the damaged area. Hot joint compounds, such as coal tar, shall not be poured or applied to the lining. The Contractor shall take all necessary measures to prevent damage to installed lining from equipment and materials used in or taken through the work. 3.2 SPECIAL REQUIREMENTS FOR CAST-IN-PLACE STRUCTURES A. Placement of liner within forms: Liner sheets e Shall be closely fitted and properly secured to the inner forms. Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces. If liner joints are to be Type C-3 joints (as described in Paragraph SC-9.9), the adjacent sheets shall be butted with not more than 1/8-inch opening between the sheets. A welding strip fusion-welded on the back of butt joint or other means recommended by the manufacturer shall be used to prevent wet concrete from flowing around edges. B. Interfaces Between Concrete and Non-Concrete Surfaces: Unless otherwise shown on the Plans, the lining shall be returned at least three inches (3") at the surfaces of contact between the concrete structure and items not of concrete (including vitrified clay, ductile iron, or PVC pipes). The same procedure shall be followed at joints where the type of protective lining is changed or the new work is built to join existing unlined concrete. At each return, the returner liner shall be sealed to the item in contact with the plastic-lined concrete using the manufacturer's recommended adhesive system. If the liner cannot be sealed with this adhesive because of the joint at the return being to wide or rough or because of safety regulations, the joint space shall be densely caulked with Concressive LPL (Master Builders Company) to one inch (1") depth of an approved corrosion resistant material as necessary. The hole cut in Type 2 PVC liner to accommodate penetrations shall be small enough so that after pressing the liner over the penetration, a minimum of one inch (1 ") of liner shall lay flat on the penetration. Lining at joints shall be free of all mortar and other foreign matter and shall be clean and dry before joints are made. JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-5 . C. Field Joints in the PVC Liner: Field Joints In the lining shall be of the following described types, used as prescribed: Tvpe C-1: The joint shall be made with a separate 4-inch joint strip and two (2) welding strips. The four inch (4") joint strip shall be centered over the joint, tack-welded to the liner then welded along each edge to adjacent sheets with one inch (1") weld strip. The width of the space between adjacent sheets shall not exceed two inches (2"). The four inch (4") joint strip shall lap over each sheet a minimum of one-half inch (X"). It may be used at any transverse or longitudinal joint. Twe C-2: The joint shall be made by lapping sheets not less than one-half (W'). One welding strip is required. The upstream sheet shall overlap the one downstream. The lap shall be tack-welded into place prior to welding. Tvpe C-3: The joint shall be made by applying one inch (1") wide welding strip on the back of the butt joint or by some other method by the manufacturer to prevent wet concrete from getting under the sheet. After the forms have been stripped, a one inch (1") welding strip shall be applied over the face of the sheet. All welding is to be in strict conformance with the recommendations of the lining manufacturer and with the requirements given herein. Welding shall fuse both sheets and weld strip together to provide a continuous joint equal in corrosion resistance and impermeability to the liner plate. Hot-air welding guns shall provide effluent air to the sheets to be joined at a temperature between 500°F and 600°F. Welding guns shall be held approximately one-half inch (%") from and moved back and forth over, the junction of the two (2) materials to be joined. The gun shall be moved slowly enough as the weld progresses to cause a small bead of molten material to be visible along both edges and in front of the weld strip. Testing and Repairing Damaged Surfaces: D. All surfaces covered with lining, including welds shall be tested with an approved electrical holiday detector (Tinker & Rasor Model No. AP-W with power pack) with the instrument set at 20,000 volts minimum. All welds shall be physically tested by a nondestructive probing method. All patches over holes, or repairs to the liner wherever damage has occurred, shall be accomplished in accordance with Paragraph C. Each transverse welding strip which extends to a lower end of the liner will be tested by Owner. The welding strips shall extend two inches (2") below the liner to provide a tab. A ten (10) pound pull will be applied to each tab. JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-6 The force will be applied normal to the face of the structure by means of a spring balance. Liner adjoining the welding strips will be held against the concrete during application of the force. The ten (10) pound pull will be maintained if a weld failure develops, until no further separation occurs. Defective welds will be retested after repairs have been made. Tabs shall be trimmed away neatly by the installer of the liner after the welding strip has passed inspection. Inspection shall be made within two (2) days after the joint has been completed in order to prevent tearing the projection weld strip and consequent damage to the liner from equipment and materials used in or taken through the work. END OF SECTION JULY 2005 NBIS REACH 6 PVC LINING FOR INTERIOR CONCRETE SURFACE OF ACCESS HOLES 03475-7 APPENDIX B (INSERTED IN POCKET) APPENDIX C SUPPLEMENTAL DETAIL DRAWINGS STANDARD CAST IRON ACCESSHOLE PAVEMENT OR FRAME & COVER - SEE DWG. NO. 54. SEWER ACCESSHOLE CONCRETE OVERLAY s-l SUPPLEMENTAL STANDARD NO. S AS JIRED. MIN SLOPE SECTION C-C NOTES: ALL CAST IN PLACE CONCRETE SHALL BE MPE 564-8-3250. ALL PIPE IN ACCESSHOLE SHALL BE PVC AND SHALL BE INCLUDED AS PART OF ACCESSHOLE ACCESSHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM c-478. SNB OUTS SHALL HAM A MINIMUM LENGTH OF 2 FEET. SDR 35 PVC PIPE MAY BE INSTALLED IN STRAIGHT-THROUGH ACCESS HOLES W?H NO JUNCTIONS. THE TOP SECTION OF PIPE SHALL BE REMOVED FLUSH WITH TOP OF SHELF. CUTS SHALL BE NEAT AND DRESSED MINIMIZING BURRS AND ROUGH EDGES. I POUR BASE AGAINST UNDISTURBED SOIL OR 6” MIN. ROCK BASE SECTION A-A REQUIRED WHEN ACCESSHOLE FORMS THE JUNCTION OF SEWERS AND/OR AN ANGLE IN MAIN ALIGNMENT, SPECIAL CARE SHALL BE USED IN FORMING THE CHANNELS TO FACILITATE THE FLOW OF SEWAGE. INVERTS SHALL BE TRUE TO GRADE AND ALIGNMENT AND FINISHED WlTH SMOOTH SURFACE. u PLAN B-B NOT TO SCALE EV. I APPROVED IDATE I CITY OF CARLSBAD STANDARD ClR ENGINEER DATE ~ ~~ STANDARD CAST IRON ACCESSHOLE CLAY PANEL VlSlON APPR a+- 5' DIA. 444 1 CONTRACT NO. DATE. 9001-1 JUNE 2005 PVC LINED ACCESSHOLE ACCESS HOLE I POUR BASE AGAINST UNDISTURBED SOIL OR PROFILE 6" MIN. ROCK BASE REQUIRED PVC - USE PLASTIC MANHOLE COUPLING PLAN \l. PVC PIPE MANH~LEE BASE SECTION A-A PVC LINING - \ p, MASONRY STAND/ PLASTIC CEMENT JOINT DETAIL DEPP=MIN. I 3/4 PIPE DIA. SECTION A-A NOTES: INSTALL 1" WELD STRIPS WHERE T-LOCK IS WELDED: LE.. TOP OF CHANNEL, SHAFT TO SHELF, TURN BACK TO PIPE FACE, CORNERS, ETC. PVC TURN BACK ON PVC PIPING SHALL BE A MINIMUM OF 6". PVC TURN BACK SHALL BE HELD TIGHT TO PVC PIPING BY 1/2" STEEL BAND WITH CONTACT CEMENT ADHESIVE APPLIED TO BOTH SURFACES. INSTALL FLAT SHEET PVC ON SHELMS WITH CONTACT CEMENT ADHESIVE APPUEDTO BOTH SURFACES. OVERLAP PVC ONTO ACCESSHOLE SHAFT AND CHANNEL LINER VELD TO BOTH AND COMPLETE WlTH 1" WELD STRIPS. INSTALL NONSKID SURFACE ON ACCESSHOLE SHELF. INSTALL PRE FORMED CORNER TURN BACK UNDER RING. WELD 4' JOINT STRIPS AND FINISH BOTH EDGES WITH 1" WELD STRIPS. COMPLETE CONCRETE CHANNEL SHALL BE CONSTRUCTED WlTH FORMS AND ALL SHALL BE T-LOCK LINED. THE "T'S" SHALL RUN -TICAL AS IN THE ACCESSHOLE SHAFT AN0 SHALL BE TACKED AT THE TERMINUS OF THE T-LOCK. SIDES AN0 ENDS OF THE BASE TO BE EITHER FORMED, SANDBAGGED OR POURED AGAINST UNDISTURBED EARTH. ACCESSHOLE SHELMS TO BE SLOPED 1' PER FOOT TO CHANNEL. WRAP ACCESSHOLE JOINTS BELOW WATER TABLE WITH BENTONITE GEOTEXTlLE WATERPROOFING SYSTEM, VOLCLAY VOLTEX OR APPROVED EQUAL -- . . . . . . . .. . . . . - ALL INTERIOR CONCRETE SURFACES INCLUDING SHAFT, SHELF AND CHANNEL SHALL ~E-ii~ti WHITE T-LOCK OR EQUAL PVC LINER. AU LINER JOINTS SHALL BE HEAT MLDED BY WELDERS CERTIFIED BY THE PVC MANUFACTURER. LINER WILL BE SPARK TESTED AT 20,000 VOLTS MIN. RAVEN 405 AND SAUEREISEN SEMRGARD #210. LINING SYSTEMS MAY BE SUBSTlTUED FOR PVC ON THE SHELF AND CHANNEL WlTH THE ENGINEER'S 'IPE TO MANHOLE CONNECTION OErAIL NOT TO SCAL€ APPENDIX D CALTRANS PERMIT 04/21/2005 13:37 FAA 61Y 666 b'157 CQkd~d BY . TR-0122 (REV. 6/99) a Rider Fea Paid Pennll No. 11-03-NDM-0081-R3 DlsUCOlRWM $Exempt ' I 11SD-5/R45.0 Dm I Rider Number I) JGjg cc: Permit TO: City of Carlsbad APPROVED: 1,635 Faraday Ave Carlsbad, CA 92008-7314 ATTN: Mark Biskup PHONE: (760) 602-2763 I Aprll 20,2005 L___i I I ,PERMITEE In compliance with your re.quest of &ril11. 2005 we are hereby amending the above numbered encroachment permit as follows: Date of completion extended to: SEPTEMBER 30,2005 .ai :.- TIMEEYTENSIONONLY . ' MNukz, Reg. Mgr. RYanzon, Inspector n Pedro Orso-Delgada, Disblcl Director Permittee BY Contractor , District Permit Engineer TR-0120 (REV. 7/98) In compliance with (Check one): Permit No. 11-03-NDM0081 DistlColRtelPM 11 -SD-5lR45.0 . Date W Your application of JANUARY 22,2003 FEBRUARY 19,2003 Fee Paid I Deposit 0 Utility Notice No. of $ NIA Performance Bond Amount (1) $NIA c] AgreementNo. of $N/A . Payment Bond Amount (2) $NIA 0 RNV Contract No. of Bond Number (1) Bond Number (2) TO: CITY OF CARLSBAD The following attachments are also included as part of this permit (Check applicable): C/O PBS&J 175 CALLE MAGDALENA ENCINITAS, CA 92024 AlTN: ALBERT STRICKER PHONE: (760) 753-1 120 I In addition to fee, the permittee will be billed actual costs for: I 0 Yes W No Special Provisions . Yes W No A Cat-OSHA permit required prior to beginning work; 1 PERMIT EXPIRES 1 613 012003 ~- (XI Yes Field Work (If any Caltrans effort expended) I ,PERMITTEE JG:jg cc:Permits MNusz, Reg. Mgr. JLyons, Insp. / Permittee Cotractor and subject to the following, PERMISSION IS HEREBY GRANTED to: enter upon State Highway right of way in San Diego County, in City of Encinitas, on Route 1-5, post mile R45.0, to remove temporarily and restore an existing chainlink and drainage swale that was affected by removing and replacing a manhole which is located outside of Caltrans right of way. The chain link and the drainage shall be restored to equivalent pre-construction conditions, as shown on the attached plans, and in accordance with the requirements and conditions contained herein and as further directed or approved by the State's Inspector, Mr. John Lyons, telephone number (619) 688-6844. APPROVED: Pedro Orso-Delgado, District Director No vehicles or equipment shall be parked within the highway right of way at any time, except for those vehicles or that equipment actually engaged in the work, during the working hours specified herein. (Continued) Yes General Provisions 0 Yes W No Utility Maintenance Provisions 0 Yes No Review Yes c] NO Inspection t CITY OF CARLSBAD 11-03-NDM0081 e FEBRUARY 15,2003 PAGE 2 OF 2 The State of California, Department of Transportation makes no assurance or expressed warranty that the plans are complete or that the planned construction fits field conditions. Should additional work or modifications of the work be required in order to meet established Department Standards or in order to fit field conditions, the work shall be performed by Permittee as directed by the State's Inspector at no cost to the State Traffic control when permitted or required shall be as directed and approved by the State's Inspector. Permittee shall implement and maintain the attached WPCP, dated as approved February 4, 2003, and as directed and approved by the State's Inspector. Notwithstanding General Provision No. 24, your contractor is required to apply for and obtain an encroachment permit prior to starting work. A permit inspection deposit fee of $240.00 will be required upon submittal of the application to perform the work. Also, your contractor must submit proof that they have obtained executed bonds in accordance with General Provision No. 24. Upon completion of the work, the attached card shall be completed and returned. The following District Standard Special Provisions are generalizations of the Department Standard Specifications and are included only .as a permittee convenience. Permittee's attention is directed to the current Department Standard Specifications for compIete, unabridged, specification requirements. Once begun, that portion of the work within the State Highway right of way shall be prosecuted to completion as rapidly as possible. All personnel on foot within the State Highway right of way shall wear personal protective equipment, including orange vests or jackets, safety glasses, and hard hats. The Permittee is responsible for locating and protecting all utilities both underground and aerial. Any costs incurred for locating and protecting andor relocating any utilities shall be borne by the Permittee. STATE OF CALIFURNU, DEPAR- OF TRANSPORTATION ENCROACHMENT PERlCa GENERAL PROVISIONS ma45 -(REV.. 1W8) 1. 2. 3. .' 4. 5. 6. 7. 8. 9. 10. 11. Xi?. 13. 14. AUJHORITY: The Depamncnt's authority to issue encroachment pennits is provided under. Div. 1. ChpL 3. An I. Sect. 660 to 734 of the SLReu qd Highways Code. REVOCATION: Encroachment pennits ac~: revocable on five days nqtia unless otherwise nnted on the permit and except as provided by law for public corporations. franchise holders, and utilities. These General Rovisions and the Encroachment Rmrit UtiIiry Provisions am subject to modifidon or abrogation at any time. Permittees' joint w agreements. franchise .rights. rrservd rights or any other agmcmentr for o@g puiposcs in Statc highway right of way arc cxccprions to this mvoaion. DENIAL FOR NONPAYMENT OF FEES: Failurr to pay pcnnit feu when due can result in rejection of future applications and denial of pcnnio. ASSIGNMENT: NO party other than the pennia~ or pcnnime's authorized agent is allowed to work under this prrrmt. ACCEPTANCE OF PROVISIONS: Permiaa understands and agrees to.acccpt lhese Gcncral Rovisions and all snachmcnts to this permit. for any work to k perfonid under this permit. BEGINNING OF WOW. When aaffic is not impacted (see Number 35). chc pennince shall notify the Dcppnmnt's representative. two (2) days before thc intent to sw pennind work. Permittee shall notify thc kpMmcnt'S Representative if the work is to k interrupted for a period of five (5) days or more. unless otkrwise agrced upon. AU work shall be performed on weekdays during regular work hours. excluding holidays. nuless otherwise STANDARDS OF CON!3"RUCTION AU work performed within highway right of -way shall confon to recognized consuuction standards. and cumnt DcpPnmcnt Srandard SpecifiUtions. Depamacnt Standard Plans Hi and Law Risk Facility made to "Conactor and Engineer." thcse art amcndcd to k read as "Pennittee and Dcprmncat mprescntativc." PLAN CHANGES: Changes to plans. spccificuions. and permit provisions am not allowed without prior approval from thc State representative. INSPECIION AND APPROVAL: AU wok is subject to monitoring and inspection. Upon compldon of work. permince shall request a final inspection for acceptance and approval by the Depanment. The locd agency permina shall not give final consuuction approval to ~LS conmctor until fmal acccpurncc and appmvd by the Depanmcnt is obtained. PERMXT AT'WORKSITE Pennice shall keep the permit package or a copy thereof. at the work site and show it upon request to 'any Depanment representative or law enforcement officer. If the permit package is not kept and made available a the work sic, the work.shall k suspended. CONFLlCTXNC ENCROACHMENTS: Permittee shall yield. sum of work to ongoing, prior authorized: work adjacent to or wl* !he limits of thc project site. When exisong encroachments conact mrh new work, the pcnninet shall bear all cost for reamngcmcnts. (c.g.. rtldon. alteration. recmovql. etc.). spcified m this.pnnit. Specifications. and Utility Special CJ visions. Where reference is .. PEJWlTS FROM OTHER AGENCIES: ?his pennit is invalidated if thc pcrmincc has not obtained dl pennits ~cessiuy and required by law, from the Public Utilities Gmnntsr on of thc Sutc of Calif* (PUC). California Occupational Safety and Health ~Admnsmtion (GI-OSHA). or any other public agency having jurisdiction. PEDiSTRIAN AND BICYCLEST SAFFN: A safe minimum passageway of 1.21 meter (4') shall k maindnd through the work =a P existing pedestrian or bicycle fadiucs . At no time shall pedestrians k diverted onto a portion of the smt used for vehicular tnffic. At locations where safe alternate passageways cannot be provided. oppropri;ue signs and barricades sW1 k insdlcd at the limits of construction and in advance of the limits of consmction at the nearest crosswalk or intenettion to detour pedestrians to facilities across the street. PUBLIC TRAFFIC CONTROL: As required by law. the permittee shdl provide tnffic control protection wming signs, lights. safety devices. ctc.. and take dl other ~~YURS ncceswry for mveling IS. 16. 17. 18. 19. 20. 21. 22. 23. 24. public's safety. Day and. night time lane closuf~s shall comply with the M-mwls.of Tnffic Conmls. Standard Plm. and Standard Specifications for mffic conuol systc~W These General Provisions illt not intended to impax upon the permince. by third panics. any duty or standard of cm. mater than or different from. Y rrquircd by law. MlNIhflTM INTERFERENCE TRAFFIC: Permince shall plan and conduct work SO as to Create the lwt possible inconvenience to the mveling publici dfic .shall not be unreasonably delayed. On convmuonal highways. permine. shall place property &red flaggcr(s) to stop or Wm'rhe tmveling public in compliance with the Manual of Traffic Conwls and InsmKtions o Raggcn Pamphlet. SORAGE OF EQUIPMENT AND MATERIAIS: Equipment and marcrial storage in State right of way shall comply with Standd Specifications. Srandad Plans. and Special Prwkiw. Whenever thc pemina places M obstacle within 3.63 m (127 feet of the mveled way. the pnminee shall place temporary railing Uypc IC). CARE OF DRAINAGE Permina shall provide alternate drainage for my work interfering with an existing drainage facility in comphice with the Standard Spccificati~. Standard and/or as dkctcd by the Dcpanment's Itpresentan= RESTORAITON hID REPAZRS IN RlCm' OF WAY: Permittee is rrsponsible for restoraion and repair of Stuc highway right of way resulting from pe@ncd work (State Strrcrs and Highways Codc, Sections 670 et. sq.). RIGHT OF WAY WAN Up: Upon completion of work. permittee shall remove and dispose of all scraps. brush. timber. materials. etc. off the right of way. Thc aesthctia of rk highway shall k as it was befom work started. .. COST OF WORK: ~n~ess stated in the pennit. or i separate written agreement. thc pcrminee~shall bear dI costs inwmd for work within the State righf of. way and wnivet all claims for indemnification or conmbution from the State. ACNAL COST BILLKNG: Whcn specifEd in'the pimir thc hourly ratc for enaorchmmt permits. SBUILTPLANS: Whcn quid. permittee shall submit one (1) sa of =-built plans in compliance with Dcpmmcnt's mqukmcnu. Plans shall k submincd withi0 thirry (30) days after completion and As-Bdt plans or accompanying comspondcncc Id not include disclaimer s~tehu of any kind. Such statements shall constiruu non-compliance wib he provisions. Failure to provide compktc and signed As-Built plans shall k =use for bond or deposit retention bY PERMITS FOR RECORD PURPOSES ONLY: .When work in the right of way is within an am under a Joint Use Agrrement (JUA) or a Consent to Common Use Agrrmwnt (CCUA). a fa exempt pennit is issuedto he pnmiaa for the purpose of providing a notice and record of work. The Permink's prior rights shall k preserved without the intendon of mating new or different rights or obligations. 'Notice and Record Purpo~s Oniy" shall k stamped across uu face of the pnntt. BONDING: The pnmiae~ shall file bond(s). in advance. in the amount set by the Dcpmmcnt. Failure to maintoin bond(s) in full fom and effect will rcsult m he Depanmcnt stopping of all work and revoking permit@). Bods .I+ not required of public corpomions or privately owned Utilities. unless petmiact failed IO comply with thc prwisiOa and conditions under a prior prmit The surety company is responsible for MY huu defects as provided in California Codc of civil Procedures. Section 337.15. bcd agency permittee shall comply with requirements establii as follows: In rrcopition Ihu project consuucrion work done on Swtc property wiU not k directly funded and paid by Stnrc. for the purpose of protecting stop notia claimants md the interem of Sryc rclntive to successful project completion. the local agency pennittee agrecs 10 require the consrmction conmaor furnish both a payment and pcrformancc bond in the local agency's name with both bonds complying with the requirements set forth in Section 3-1.02 of Swtc's cumnt Standard Specifications before performing my project construction work. The Id agency. ~ttcc shall defend. indemnify. and hold hvmlcss the St;ue. IB Officers and employees from all project construction related claiims by contractors and dl stop notice or mechanic's lien climts. The local agency dso to remedy. in a timely manner md to SW'S SatisfFtion. any latent defects occurring as a resuit of the project constmction work. Dcpamncnt will bill the pcrmituc actual cous I thc cumntly set approval of work. 0 APPENDIX E WPCP WATER POLLUTION CONTROL PROGRAM (WPCP) for AVENIDA ENCINAS ACCESS HOLE REHABILITATION PROJECT Caltrans Contract Number: NIA Prepared for: CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92 008 MR. MARK BISKUP, P.E. (760) 602-2763 PBS&J 175 CALLE MAGDALENA ENCINITAS, CALIFORNIA 92024 MR. MlKHAlL (760) 753-1 I Proiect Site Address AVENIDA ENCINAS NEAR INTERSECTION WITH LOGANBERRY DRIVE Insert job site telephone number, if any-then TAB. Con tractor’s Water Pollution Control Manager To Be Determined WPCP Prepared bv: PBS&J 175 CALLE MAGDALENA ENCINTAS, CALIFORNIA 92024 MR. MlKHAlL OGAWA, P.E., PROJECT MANAGER (760) 753-1 120 WPCP Preparation Date JANUARY 2003 Water Pollufion Control Program (WPCP) Error! Reference source not found . Contract No . WA Contents Section IO WPCP Certification and Approval ........................................................... 10-1 10.1 Contractor's Certification and Approval by the Resident Engineer ..................... IO-? Section 20 Project Information .................................................................................. 20-1 Section 30 Pollution Sources and Control Measures .............................................. 30-1 30.1 Soil Stabilization (Erosion Control) and Sediment Control .................................. 30-1 30.1 .I Soil Stabilization Practices ....................................................................... 30-1 Selected Soil Stabilization BMPs ............................................ 30-2 30.1.2 Sediment Control Practices ..................................................................... 30-2 Selected Sediment Control BMPs ........................................... 30-3 30.1.3 Tracking Control ...................................................................................... 30-3 30.1.4 Wind Erosion Controls ............................................................................. 30-4 30.2 Non-Storm Water Management BMPs ............................................................... 30-4 30.1 . 1 . 1 30.1.2.1 30.2.1 Selected Non-Storm Water Management BMPs ..................................... 30-5 30.3 Waste Management and Materials Pollution Control BMPs ............................... 30-5 30.3.1 Selected Waste Management and Materials Pollution Control BMPs ...... 30-6 30.5 Construction BMP Maintenance. Inspection. and Repair .................................. .3 0.6 30.4 Water Pollution Control Drawings (WPCDs) ....................................................... 30-6 Section 40 Amendments 40-1 a ............................................................................................. . Page i Section IO WPCP Certification and Approval 10.1 Contractor's Certification' and Approval by the Resident Engineer CONTRACI'OR'S CERTIFLCATION OF WPCP "I certify under a penalty of law that this document and all attachments were prepared under my directitxu or supdon in accordance with a system desigucd to mure that qualified pmomel properly gather and evaluate the information submitted Bas& on my inquiry of the person OT persons who manage the systeiq or those per8ons directlyresponsible for gatherbg the infonuation, the ipfonnation submitted, to the best of my hwledge and belief is txuc, acmmte, and complete. 1 am aware that there are sigtrificaut penalties for submitting false information, including the For Use by Calkam Only RESIDENT ENCZINEER'S APPROVAL OF WaCF 1, md/or personnel acting der my diredon and supervision, have reviewed this WPCP and find that it meets the rquirements set fcrth in the Sp&d b*onS, the CahW Comndon Site Best Management Practices Manual, and the Standard Specifications Sedan 7-1.01G - Wata Pollution. z /q , 103 RE'S Signature Date of WPCP Approval RE'S Name (printed) RE'S Phone Number Pane 10-7 Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A 0 Section 20 Project Information 1. Introduction and Project Description: The project generally consists of removal and replacement of three sewer access holes, and asphalt overlay of approximately 20,450 square feet of pavement. The project site generally follows Avenida Encinas from approximately 100 feet west of Loganberry Drive, to approximately 700 feet east of Loganberry Drive within the City of Carlsbad, County of San Diego. The project site lies entirely within City of Carlsbad right of way, except for limited excavation which may encroach into Caltrans right of way and an existing earth swale. Two of the access holes will be replaced within the limits of Avenida Encinas. One access hole (AH- 04) will be replaced in a landscaped area to the east of Avenida Encinas within a City of Carlsbad sewer easement. Excavation associated with AH-04 may require removal of a portion of an existing fence adjacent to Caltrans right-of-way, and excavation of a portion of an existing earth swale adjacent to the Interstate-5 shoulder at approximately mile post 45 .O. Excavations associated with access hole removal and replacement are anticipated to range fiom approximately 10- to approximately 15-feet deep. Project drainage is generally conveyed to the west to the City of Carlsbad storm drain system and eventually to the Pacific Ocean. 0 Total disturbed area within existing paved areas is approximately 20,450 square feet. Total disturbed are within existing landscaped areas is approximately 2,900 square feet. 2. Unique Site Features: Runoff from the site flows towards City of Carlsbad storm drain systems, which drain to the Pacific Ocean. 3. Project Schedule: The project will likely be bid during the roughly spring of 2003. Construct will be performed roughly during spring and summer of 2003. During construction, gravel bags will be placed outside of storm drain inlets and downslope fiom disturbed soil areas to reduce the potential for stormwater pollution. Disturbed soil areas will generally be returned to existing drainage condition and hydroseeded following completion of construction. Please see the attached erosion control and planting plan for details. . 4. Potential Pollutant Sources: I:\adrnin\082\62081 1\11\100% SpecsMppendix C-2.doc Page 20-1 Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A a The primary construction activities, related materials, and wastes that have the potential to pollute stormwater include: a) Soil disturbing activities and relulting exposed soil areas, including minor grading as indicated in the project description. b) Slurries from asphalt saw cutting and placement, c) Solid wastes from asphalt demolition and removal. d) Temporary on-site storage of construction materials, including asphalt, precast concrete access holes, and soil stockpiles. e) General site litter. D CALTRAMS J PERMIT OFFICE Page 20-2 I:bdmin\O82\62081 l\l i\iOO% SpecsWppendix C-2.doc Water Pollution Control Program (WPCP) Error1 Reference source not found. Contract No. MA Section 30 Pollution Sources and Control Measures 30. I 30.7.7 Soil Sfabilization Practices Soil Stabilization (Erosion Control) and Sediment Control CHECK IF NOT BMP No. REQUIREMENT USED IF NOT USED, STATE REASON CHECKIF USED CONTRACT MINIMUM BMP =( Scheduling I I w I[xIloI J w wo Preservation of Existing Vegetation ss-2 SS3 Hydraulic Mulch J (11 w SS-3orSS-6utiliied. SS-4 I Hydroseeding SS-5 I Soil Binder w w 0 SS-3 or SS-6 utilized. SS-6 Straw Mulch J (1) 0 0 SS-3 or SS-6 utilized. 0 0 bags utilized to contain Geotextiles, Plastic Control BlanketdMats SS-8 Wood Mulching Temporary Concentrated Flow Convevance Controls SS-7 Covers, & Erosion J (1) Small drainage area. Gravel sedimentation. I 1 I I I I h. _*I_. -.:--I I I I I (l) The Contractor shall select one of the five measures listed or a combination thereof to achieve and maintain the contract’s disturbed soil area (DSA) protection requirements. I:\admin\082t62081 1\11\100% specs\APpendix C-2.doc Page 30-1 Water Pollution Control Program (WPCP) Errorl Reference source not found. Contract No. NIA e 30.7. I. 7 Selected Soil Stabilization BMPs Soil disturbing activities consist of minor landscaping, and excavation of pits around existing access holes to allow for removal and replacement. As previously discussed, excavation surrounding AH-04 may disturb soils in the vicinity of an existing Caltrans drainage swale. SS-2 Preservation of existing vegetation Clearing and grubbing will be limited to the 20-foot wide City of Carlsbad sewer easement necessary for removal and installation of AH-04. Surrounding areas of existing vegetation will be protected in conformance with SS-2, Preservation of Existing Vegetation. SS-3 (hydraulic mulch) or SS-6 (straw mulch) Hydraulic mulch or straw mulch will be utilized to reduce erosion following completion of construction activities in landscaped areas. 30.1.2 Sediment Control Practices REQUIREMENT REASON sedimentation. SC-3 Sediment Trap I1 Small drainage area. Gravel bags utilized to contain sedimentation. Small drainage area. Gravel sedimentation. SC-4 CheckDam 0 bags utilized to contain 0 SC-6 utilized SC5 Fiber Rolls SC-6 Gravel Bag Berm w IXIU J w Ixlo Street Sweeping and Vacuumina sG7 I " ____ 0 0 [XI SC-6 utilized SC-8 Sandbag Barrier 1 SC-9 I Straw Bale Barrier 1 1 I 0 I [XI 1 SC-6 utilized Page 30-2 I:\admnu)B2\62081 l\l 1\1W% SpecsUppendIx C-2.doc Water Pollution Control Program (WPCP) Error1 Reference source not found. Contract No. WA BMP CONTRACT CHECK IF I CHECK USED IF I CHECK NOT IF I IF NOT USED, STATE REASON M”lMUM 1 REQUIREMENT USED ~~ ~ ~~ J w Storm Drain Inlet Protection SC-’ O L 30.7.2.7 Selected Sediment Control BMPs SC-6 Gravel Bag Berm Gravel bags will be placed downslope from areas where soil will be disturbed as shown on the Erosion control and Planting plan. SC-7 Street Sweeping and Vacumrning A dry method of street sweeping will be performed including hand sweeping as necessary. SC-10 Storm Drain Inlet Protection Gravel bags will be placed in fi-ont of the inlet to a potentially affected storm drain near the intersection of Avenida Encinas and Loganbeny Drive. The purpose of the gravel bags is to reduce the quantity of sediment introduced into the storm system. a 30.1.3 Tracking Control The exit area from disturbed soils in the vicinity of AH-04 is located at the west end of the 20-foot wide sewer easement adjacent to Avenida Encinas. Regular street sweeping will be implemented to reduce tracking. Stabilized Construction Stabilized Construction Entrance/Outlet Tire I:bdmnW82\620811\11\1M)% SpecsWppendix C-2.doc Page 30-3 Water Pollution Control Program (WPCP) Error1 Reference soum not found. Contract No. hVA CHECK IF CONTRACT NOT REQUIREMENT USED CHECKIF USED MINIMUM BMP BMP No. J w mcl Street Sweeping and Vacuuming sc-7 L 30.7.3.7 Selected Tracking Control B MPs SC-7 Street Sweeping and Vacuuming IF NOT USED, STATE REASON Dry method including hand sweeping will performed as necessary on roadways and sidewalks. Sediment sweeping and vacuuming will be provided on a regular basis on Avenida Encinas which is adjacent to disturbed soil areas. 30.1.4 Wind Erosion Controls Wind erosion controls will be applied as necessary to prevent nuisance dust as required by the Standard Specifications, the Special Provisions, BMP WE-1, Wind Erosion Control, and as directed by the Engineer. The soil stabilization BMPs selected for the project will also provide wind erosion control benefits. SS-3 (hydraulic mulch) or SS-6 (straw mulch) a Hydraulic mulch or straw mulch will be utilized to reduce the potential for wind related erosion. 30.2 Non-Storm Water Management BMPs The project will include the following activites that have the potential to generate non-storm water discharges: a) Asphalt concrete saw cutting, grinding and paving. b) Dust controYwatering for soil compaction. Shallow groundwater not NS-2 Dewatering Operations 0 anticipated. I:bddnU)82E20811\1 i\ioO% Specsblppendix C-2.d~ Page 30-4 Wafer Pollution Control Program (WPCP) Error1 Reference source not found. Contract No. MA CHECK IF REQUIREMENT BMP BMP CONTRACT No. I Paving and Grinding ODerations NS-3 1 I Temporary Stream NS-4 IC rossina Io NS5 I Clear Water Diversion I In J w Illicit Discharge/lllegal Dumping Reporting NS-6 I Potable ater/lmaation NS-7 I,,,, In I - I Vehicle and Equipment I I Operations I I Vehicle and Equipment Cleanina NS8 I Vehicle and Equipment Fueling NS-9 I Vehicle and Equipment Maintenance NS-10 1 IF NOT USED, STATE REASON Streams not within project 0 site. 30.2. I Selected Non-Storm Water Management BMPs The following BMP's will be implemented for asphalt concrete saw-cutting, and asphalt paving: NS-3, Paving and Grinding Operations. NS-6, Illicit Dischargdllegal Dumping Reporting. NS-7, Potable Waterfigation. NS-8, Vehicle and Equipment Cleaning. NS-9, Vehicle and Equipment Fueling. NS-10, Vehicle and Equipment Maintenance. 30.3 Waste Management and Materials Pollution Control BMPs The following construction materials and wastes, which have the potential to cause stormwater pollution, will be generated on-site or be brought on-site for immediate use or temporary storage. a) Raw landscape materials and wastes (topsoil, plant material, herbicides, fertilizer, mulch). b) BMP materials. c) PCC rubble associated with access hole removal. d) Asphalt concrete. I:bdminW82\62081 l\l l\lOO% SpecsWppendlx C-2.doc Page 30-5 Water Pollution Control Program (WPCP) Error1 Reference source not found. Contact No. MA e) General litter. IF NOT USED, STATE REASON CHECK IF . NOT REQUIREMENT USED CHECKIF USED BMP CONTRACT ' BMP No. J w Material Delivery and WM-2 I Material Use I Asphalt not anticipated to be stockpiled on site. Asphalt 0 0 not antipated to be placed during precipitation. 0 Asphalt Concrete Stockpiles Spill Prevention and w'-4 Control Solid Waste wM-5 Management Hazardous Waste W'-6 Management Contaminated Soil wM-7 Management Concrete Waste w'-8 Management SanitaryEeptic Waste wM-9 Management Liquid Waste WM-l ManaQement wM-3 J w IXIO J w HO Significant quantites of Contaminated soil not Significant quantities of anticipated. 0 0 0 hazardous materials 0 0 anticipated on site. 0 [7 concretewastenot 0 0 J w IS10 I Significant quantities of 0 liauid waste not anticiDated. 30.3. I Selected Waste Management and Materials Pollution Control BMPs The BMP's checked above will be implemented on the project. Because of site constraints, most materials and wastes will be immediately used and removed, respectively. BMP materials will be mixedprepared off-site and only brought on-site by the erosion control contractor or immediate applicatioddeployment. Removed access holes and portions thereof will be loaded directly into trucks for immediate removal. 30.4 Water Pollution Control Drawings (WPCDs) The water pollution control drawings are included as an attachment to this Water Pollution Control Program. 30.5 Construction BMP Maintenance, Inspection, and Repair The inspection, maintenance and repair program is as follows: l.\admnW82\62081 i\li\iOO% SpecsMppendix C-2.h Page 30-6 Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. MA WM-5 WM-9 WPCP Inspection, Maintenance, and Repair Program Weekly Weekly Monitor on site solid waste disposallstorage procedures. Weekly Weekly Monitor on site sanitarylseptic waste storage and disposal procedures. BMP 171 Inspection Frequency . Rainy Non-Rainy Main tenan ce/Repair Measures SSl Annually ss-2 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. SS-30r SS6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. SC6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. SC7 Daily Daily Perform street sweeping on daily basis. SCI 0 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. NS-6 Weekly Weekly Inspect site during project execution for evidence of illicit discharges. NS-7 Weekly Weekly Repair broken water lines as soon as possible. NS8 I Weekly I Weekly I Remove vehicles and equipment that leak. NS-9 I Weekly I Weekly I Keep spill cleanup equipment on site. Clean up spills A.S.A.P. NS-10 Weekly Weekly Keep spill cleanup equipment on site. Clean up spills A.S.A.P. WM-1 Weekly Weekly Keep storage areas in good condition. Keep cleanup materials stocked. WM-2 Monthly Monthly Ensure appropriate employee procedures are being followed. I:bdmn\082\62081 l\l1\100% SpecsMppendix C-2.doc Page 30-7 Wafer Pollution Control Program (WPCP) Error! Reference source not found. Contract No. NIA Section 40 Amendments Construction Contractor's Certification of the WPCP Amendment "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is, true, accurate, and complete. I am aware that there are significant penalties for submitting false infomation, including the possibility of fine and imprisonment for knowing violations." Signature Date 0 Name and Title Phone Number For Use by Caltrans Only RESIDENT ENGINEER'S APPROVAL OF WPCP AMENDMENT I, and/or personnel acting under my direction and supervision, have reviewed this WPCP amendment and find that it meets the requirements set forth in the Special Provisions, the Construction Site Best Management Practices Manual, and the Standard Specifications Section 7- 1.01G - Water Pollution. RE's Signature Date of WPCP Approval RE'S Name (printed) RE's Phone Number Page 40-1 I:bdmnU)8X620811\11\1 WK SpecsMppendix C-2.d-x APPENDIX F RESIDENT NOTIFICATION CARD APPENDIX “F” RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)xxX-XXXX )ear resident or trail user: is a part of the City of Carlsbad’s ongoing program to maintain it: iastewater infrastructure, the City has contracted rehabilitation work, foi le North Batiquitos Interceptor Sewer, Reach 6 (Sea Cliff Sewer). The dpeline parallels the westerly property boundary between the Sea Clifl Ievelopment and Caltrans Right-of-way. Access to the pipeline will be lade over the existing utility easements which are within the develop- lent. Construction is scheduled for : MON. TUE. WED. THU. FRI. DATE: .om 7:OOA.M. to 500 P.M. ABC is the Contractor that will be performing the maintenance work ir the city and you may call them at (760)XXX-XXXX if you have any uestions regarding the project. . If you have any concerns which cannot e addressed by the Contractor, you may call the City’s Engineering ispection Department at 438-1 161x4323. Thank you for your cooperation as we work to make a better City of :arkbad. *w t# Revised 10/08/03 Contract No. 9001-1 Page 59 of 59 Pages APPENDIX G RIGHT AGR OF ENTRY EEMENT LICENSE AGREEMENT ' FOR ENTRY ONTO PROPERTY This License Agreement for Entry onto Property (this "Agreement") is made as of 2ShAYd oos, by and between Sea Cliff Home Owners Association ("Licensor"), and City of Carlsbad, a municipal corporation ("Licensee"). RECITALS A. Licensor is the owner of certain real property located in the City of Carlsbad, State of California, which property is more particularly described and shown on Exhibits "A" and "B" attached hereto (the "Property"). The Property is shown as Parcel No. 3 of Parcel Map No. 1391 1 , Minor Subdivision No. 645. B. Licensee desires to enter onto the Property for the purpose of facilitating the construction of the Sea Cliff Sewer Access Hole Replacements Project. Uses shall be to access the work site for City and the City's representatives and storage of construction materials and equipment as required for the removal of existing and installation of replacement access holes (the "Work"), and Licensor desires to grant a license to Licensee for such purpose. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Rinht to Enter Property. Subject to the terms of this Agreement, Licensor hereby grants to Licensee and its agents, employees, consultants, contractors, invitees and licensees (collectively, its "Representatives"), a nonexclusive, revocable license and permission to enter upon the Property during the Term of this Agreement for the purpose of performing the Work. Licensee and its Representatives may enter the Property at all times during the Term (defined below). 2. Term. The right of entry granted hereunder shall be valid only for the period commencing at the execution of this agreement and terminating 12 months thereafter (collectively, the "Term"). 3. Conduct of Work (a) General. Any Work performed for or by Licensee hereunder shall be at the sole cost and expense of Licensee. Licensee and its Representatives shall not interfere with any use of the Property or operations conducted thereon by Licensor, and shall carry out its Work on the Property in such a manner as to cause as little disturbance as reasonably possible to the Property and improvements thereon. All Work performed by Licensee and its Representatives shall be performed in a good and workmanlike manner. Licensee shall not alter, damage the Property or any improvement, equipment or personal property located thereon and shall, at its own cost and expense, promptly repair any damage to the Property caused by the Work or the entry onto the Property. Licensee shall keep the Property free and clear of any mechanic's or materialmen's liens arising out of the Work or any such entry. Licensor or any authorized representative, employee, agent or independent contractor of Licensor shall be entitled to accompany Licensee and its Representatives during any entry upon the Property. h, f (b) Entry Onto Surrounding Areas Strictly Prohibited. Entry to the Property shall be made only by way of Hemingway Drive, a public right-of-way. Licensee acknowledges that Licensee and each of its Representatives are strictly prohibited from entering onto the area surrounding the Property. Licensee shall specifically ensure that no Representative enters onto any area other than the Property, including without limitation, any property designated open space or wetlands area. In the case of any entry by Licensee or any Representative in violation of this Section 3(b), Licensee shall fully indemnify Licensor in accordance with Section 5 below for any loss occurring during the Term of this Agreement. 4. Compliance With Laws. All entry and Work upon the Property by Licensee and its Representatives shall be in compliance with all applicable laws and regulations, and Licensee shall be solely responsible for obtaining any permit and license required by all applicable laws and regulations. While on the Property, Licensee shall comply with, and cause all of its Representatives to comply with, such permits and licenses and with all applicable laws and governmental iegulations. Licensee shall comply with, and shall cause all of its Representatives to protect the Property and adjacent properties by providing adequate erosion control consistent with laws and regulations that would apply to Licensor if Licensor was performing work. 5. Indemnification. Licensee agrees to indemnify and hold harmless the Licensor and its agents, employees, officers, directors, shareholders, members, affiliates and the Property from and against all claims, damages, losses and expenses including attorneys' fees arising out of (i) Licensee's failure to comply with the provisions of Sections 3(b) and 4 herein, and (ii) the performance of the Work or (iii) caused by any willful misconduct of the Licensee, its Representatives or anyone directly employed by any of them, or anyone for whose acts any of them may be liable. 0 6. Insurance. Without limiting Licensee's indemnity obligation under Section 5 above, Licensee, at its sole cost and expense, shall obtain prior to entering onto the Property and shall maintain during the period of any entry or Work thereon, a policy or policies of commercial general liability insurance with respect to the Property and the activities of or on behalf of Licensee and its Representatives on or about the Property in the amount of not less than One Million Dollars ($1,000,000) combined single limit bodily injury, death and property damage liability per occurrence. Notwithstanding any other provision of this License, Licensee may self-insure for any risk set forth in this Section 6 in the manner and to the extent that Licensee self-insures for similar risks with respect to its operations, equipment, and property. The extent of such self-insurance shall be set forth in a Certificate of Insurance, delivered to Licensor and signed by an authorized representative of Licensee. Insurance provided by a joint powers agency insurance pool shall be considered self-insurance for the purposes of this Section. If, at any time during the term of this Agreement, Licensee elects not to self-insure, Licensee shall comply with all applicable provisions of this Section 6 to the extent that Licensee does not so self-insure. Prior to any entry onto the Property by Licensee or any Representative, Licensee or any Representative shall (a) deliver to Licensor, at the address set forth below, certificates of such insurance naming Licensor as an additional insured, and (b) provide reasonable proof that Licensee and its agents, employees, consultants and contractors are covered by statutory worker's compensation insurance upon request. Licensee acknowledges that the right of entry granted in this Agreement is expressly conditioned on Licensee's maintenance of the insurance policies described in this Section 6. If Licensee receives notice that such policies will be canceled or modified in accordance with clause (a) above, Licensee shall obtain the policies described 0 herein from an alternative insurer prior to such cancellation or modification, All certificates and notifications to Licensor hereunder shall be addressed to Kirk C. Roloff, Archstone Communities, One Spectrum Pointe Drive, suite 225, Lake Forest, California 92630 7. Assignability. Licensee shall not voluntarily or by operation of law assign or transfer any rights, interests or obligations under this Agreement without Licensor's express prior written consent. Restoration. Prior to the expiration of the Term or upon any earlier termination of this Agreement, Licensee shall remove all equipment and personal property therefrom not belonging to Licensor, and leave the Property in the .condition that existed prior to commencement of the Work. 8. 9. Amendment of License Agreement. The parties may, by mutual written agreement, amend this License Agreement. 1.0. No?ices of Revocation of License. Licensor will provide Licensee with a minimum of forty-five (45) days prior written notice of Licensor's revocation of this License during the term of this Agreement. 11. Service of Notice. All notices required to be given to either party by the other party shall be in writing and shall be deemed served when delivered by hand or by Federal Express or similar service to that party's ( or its designee), address as set forth below: If to the CityJLicensee: City Engineer CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 If to the Licensor: 13. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. fll Ill JJf Ill JJJ 111 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement for Entry onto Property as of the day and year first above written. "LICENSOR" "LIC ENS E E" SEA CLIFF HOME OWNERS ASSOCIATION, CITY OF CARLSBAD, a municipal a EXHIBIT “A” a PARCEL NO. 3 OF MINOR SUBDIVISION NO. 645 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 1391 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON AUGUST 15,1985. e