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HomeMy WebLinkAboutPAL General Engineering Inc; 2010-05-10; PWS10-25ENGCITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 BID NO. PWS10-25ENG Revised 06/10/09 Contract No. 6012 Page 1 of 127 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 Revised 06/10/09 Contract No. 6012 Page 2 of 127 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 47 1-4 Units of Measure 49 1-5 Symbols 50 Section 2 Scope and Control of the Work 2-1 Award and Execution of Contract 51 2-2 Assignment 51 2-3 Subcontracts 51 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-6 Work to be Done 57 2-7 Subsurface Data 57 2-8 Right-of-Way 57 2-9 Surveying 57 2-10 Authority of Board and Engineer 61 2-11 Inspection 62 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 62 3-2 Changes Initiated by the Agency 62 3-3 Extra Work 64 3-4 Changed Conditions 66 3-5 Disputed Work : 67 Section 4 Control of Materials 4-1 Materials and Workmanship 70 4-2 Materials Transportation, Handling and Storage 75 Section 5 Utilities 5-1 Location 75 5-2 Protection 76 5-3 Removal 76 5-4 Relocation 76 5-5 Delays 77 5-6 Cooperation 78 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 78 6-2 Prosecution of Work 82 6-3 Suspension of Work 83 6-4 Default by Contractor 83 6-5 Termination of Contract 84 6-6 Delays and Extensions of Time 84 6-7 Time of Completion 85 6-8 Completion, Acceptance, and Warranty 86 6-9 Liquidated Damages 86 6-10 Use of Improvement During Construction 86 Revised 06/10/09 Contract No. 6012 Page 3 of 127 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 87 7-2 Labor 87 7-3 Liability Insurance 87 7-4 Workers' Compensation Insurance 87 7-5 Permits 88 7-6 The Contractor's Representative 88 7-7 Cooperation and Collateral Work 88 7-8 Project Site Maintenance 89 7-9 Protection and Restoration of Existing Improvements 90 7-10 Public Convenience and Safety 91 7-11 Patent Fees or Royalties 97 7-12 Advertising 98 7-13 Laws to be Observed 98 7-14 Antitrust Claims 98 Section 8 Facilities for Agency Personnel 8-1 General 98 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 98 9-2 Lump Sum Work 99 9-3 Payment 99 9-4 Bid Items 102 Revised 06/10/09 Contract No. 6012 Page 4 of 127 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 THE SSPWC Construction Materials Section 200 Rock Materials 200-1 Rock Products 105 200-2 Untreated Base Materials 106 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 107 Section 203 Bituminous Materials 203-6 Asphalt Concrete 109 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 110 206-8 Light Gage Steel Tubing and Connectors 112 Section 213 Engineering Fabrics 213-2 Geotextiles 114 213-3 Erosion Control Specialties 114 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 115 300-2 Unclassified Excavation 115 300-4 Unclassified Fill 117 300-5 Barrow Excavation 118 300-9 Geotextiles for Erosion Control 118 300-13 Storm Water Pollution Prevention Plan 119 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation 121 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement 121 Section 303 Concrete and Masonry Construction. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 122 Section 310 Painting 310-5 Painting Various Surfaces 123 310-7 Permanent Signing 124 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 124 313-2 Temporary Traffic Signing 125 313-3 Temporary Railing (Type K) and Crash Cushions 125 313-4 Measurement and Payment 127 Revised 06/10/09 Contract No. 6012 Page 5 of 127 Pages TECHNICAL SPECIFICATIONS DIVISION 02 - SITE WORK 02810 Landscape Irrigation Systems 02900 Landscaping APPENDIX Appendix A - Tier 2 Construction SWPPP Template Revised 06/10/09 Contract No. 6012 Page 6 of 127 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON FEBRUARY 9, 2010, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: asphalt concrete, base, curb, gutter, sidewalk, landscaping and irrigation as shown on plans for the construction of the right turn lane from eastbound Palomar Airport Road to southbound Melrose Drive. PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 BID NO. PWS10-25ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. 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. Am¥ Revised 06/10/09 Contract No. 6012 Page 7 of 127 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $156,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $25 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 06/10/09 Contract No. 6012 Page 8 of 127 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, 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. Am¥ Revised 06/10/09 Contract No. 6012 Page 9 of 127 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2009-319, adopted on the 22ND day of December, 2009. December 24, 2009 Date Deputy City Clerk Publish Date: January 2, 2010 oRevised 06/10/09 Contract No. 6012 Page 10 of 127 Pages CITY OF CARLSBAD PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 CONTRACTOR'S PROPOSAL | OPENED, WITNESSED AND City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 £9-/fl BATE ' " The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6012 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 1 Mobilization at Not to $1 500 00 $ $1,500.00 one thousand five Exceed ' hundred dollars ~ $8,000 (Price in Words) 2 Clearing and Grubbing at LS $3,333.00 $ $3,333.00 three thousand three hundred thirty three dollars (Price in Words) Unclassified Excavation at LS $7,865.00 $ $7,865.00 seven thousand eight hundred sixty five dollars (Unit Price in Words) Storm Water Pollution LS $1,500.00 $ $1,500.0 0 Prevention Plan one thousand five o hundred dollars (Price in Words) Traffic Control LS $6,875.00 S $6,875.00 six thousand eight hundred seventy five dollars (Price in Words) Revised 06/10/09 Contract No. 6012 Page 11 of 127 Pages Item No. Description 6 Portable Concrete Barriers (k- rail) at seventeen dollars (Unit Price in Words) 7 Asphalt Concrete Pavement at ninety five dollars (Unit Price in Words) Approximate Quantity Unit Price And Unit (Figures) 600 LF $ 17.00 325 TONS $95.00 Total Amount (Figures) $ 10,200.00 30,875.00 Crushed Aggregate Base at 992 TONS $ 33.00 thirty three dollars $ 32,736.00 (Unit Price in Words) 9 6" Type "G" Curb and Gutter per SDRSD G-2 at twenty one dollars 505 LF $ 21.00 $ 10,605.00 (Unit Price in Words) 10 4" PCC Sidewalk per SDRSD 2525 SF $ G-7 at three dollars and sixty cents (Unit Price in Words) 11 Landscaping LS eleven thousand four hundred fifty eight dollars (Price in Words) 12 Irrigation LS nine thousand eight hundred thirty five dollars (Price in Words) 13 Miscellaneous Utility Relocations one thousand five hundred LS 3.60 $11,458.00 $9,835.00 $1,500.00 $ 9,090.00 $ 11,458.00 $ 9,835.00 $ 1,500.00 (Price in Words) Revised 06/10/09 Contract No. 6012 Page 12 of 127 Pages Total amount of bid in words: one hundred thirty seven thousand, three hundred seventy two dollars and no cents. Total amount of bid in numbers: $ 137,372 . oo Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). none has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 916931 classification A which expires on 4-31-2011 and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. Revised 06/10/09 Contract No. 6012 Page 13 of 127 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 1 Department of Consumer Affairs •GOV Contractors State License Board Contractor's License Detail - License # 916931 /t\ DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. * CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. » Per B&P 7071.17', only construction related civil judgments reported to the CSLB are disclosed. » Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. » Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Reissue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: Miscellaneous Information: 916931 Extract Date: 02/10/2010 PAL GENERAL ENGINEERING INC 2615 CAMINO DEL RIO SOUTH STE #308 SAN DIEGO, CA92108 Business Phone Number: (619) 677-3949 Corporation 06/05/2008 04/24/2009 04/30/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 100062460 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 04/24/2009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ABDELRAHMAN MAHMOUD JAHSHAN 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: 04/24/2009 This license has workers compensation insurance with the SOUTHERN INSURANCE COMPANY Policy Number: WSI000331002 Effective Date: 10/01/2009 Expire Date: 10/01/2010 Workers' Compensation History 04/24/2009 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 02/10/2010 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted D[ CX (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted D O(I (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 06/10/09 Contract No. 6012 Page 14 of 127 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted PAL General Engineering Inc. (2). (Signature) Maria Jahshan President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4) Place of Business 2615 Camino Del Rio South Ste. 308 (Street and Number) City and State San Diego, CA (5) Zip Code 92108 Telephone No. 619-677-3949 (6) E-Mail inf o@pal sd. com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 06/10/09 Contract No. 6012 Page 15 of 127 Pages ::;>^?;^™5x::^ CALIFORNIA. ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On personally appeared who proved to me on the basis of satisfactory evidence to be the person(g5 whose name(s-) is/aje-'subscribed to the within instrument and acknowledged to me that-fee/she/1hey'executed the same in hisTher/thdf authorized capacity(ies53 and that byjiis/her/jbefr signature® on 1he instrument the person(s£"or the entity upon behalf of which tihe personj^facted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'my hand and official seal. Signature (Notary Seal) OFFICIAL SEAL JOSEPH T. JANZEN .NOTARY PUBLIC-CALlFORNlAg COMM. NO. 1834990 -** BAN OIEGO COUNTY s >v —I..IM EXP. FEB. 5, 2013 I I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMET! L. (Title or description of attached document) ride or description of attached document continued) Number of Pages Document Date__ (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partners) D Attomey-in-Fact D Trustees) D Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form\'must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something ihat is illegal for a notary in California (Le. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signals) personally appeared before the notary public for acknowledgment • Date of rtotarization must be the ^atf* that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print Ms or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. be/she/ifesjy is /are ) or circling the correct forms. Failure to correctly indicate tins information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • C* Additional information is not required bat could help to ensure ^^ acknowledgment is not misused or attached to a different document. v Indicate title or type of attached document, number of pages and date. £• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPAvl2.10.07 800-873-9865 www.NotaryClasses.com List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Maria Jahshan-President Abd Jahshan-Vice President Revised 06/10/09 Contract No. 6012 Page 16 of 127 Pages BID SECURITY FORM (Check to Accompany Bid) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 06/10/09 Contract No. 6012 Page 17 of 127 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL PALQMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO, 6012 KNOW ALL PERSONS BY THESE PRESENTS: NORTH AMERICAN That we, PAL GENERAL ENGINEERING. INC. < as principal, anci SPECIALTY INSURANCE COMPANY as Surety are held and firmly bound unto the City of Carlsbad California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)TEN liMF^ti GREAIER for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bound en Principal for: PALQftlAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 0012 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 Carisbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 0Revised'06/10/09 Contrad No, 6012 Page 1$ of 127 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 3RD day of PRINCIPAL- PAL GENERAL ENGINEERING, INC. (name of Principal) ', 2010 Executed by SURETY this 3RD Of JEBRUARY day iere) _ABD JAHSHAN (print name here) VICE PRESIDENT _ MARLA JAHSHAN (print name here) SECRETARY , 20 iq_ SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) " " ~ ~ 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 (address of Surety) 714/550-7799 (telephone/ium By: (signafcire MATTHEW C. GAYNOR, ATTORNEY-IN-FACT (title and organization of signatory) (printed name of Attorney-in-Fact) PLEASE SEE ATTACHED NOTARIZED FORM ^Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:.Deputy City Attorney Revised QSnoroS Contract No. 6012 Page 19 of 127 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,,, B State of California County of SAN DIEGO On 2/3/2010 before me, personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC MATTHEW C. GAYNOR who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm. Exp. AUG24.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary ••^^H OPTIONAL SECTION ^™ OPTIONAL SECTION i^™ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL G CORPORATE OFFICER(S) TITLE(S) fJPARTNER(S) DLIMITED [J GENERAL [JATTORNEY-IN-FACT QTRUSTEE(S) Q GUARDIAN/CONSERVATOR [J OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE . California All-Purpose Acknowledgment State of California County of San Diego 2^20 is, before me, E'lyce Marie Martinez, Notary Public, personally appeared Kft r \ fr -yc«fr sU c,^ L Name(s) of S]'gner(g who proved to ma on the basis of satisfactory evidence to be the person^ whose namei$ is/ase-subscribed to the within insti-urnent and acknowledged to me that he/alWLLniy executed the same in his/hWtliiiii •authorized capacity (ia£) and that by his/her/their signature^) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. I. certify- under-P-ENALT-¥ OF.KERJUR-Y- under the laws of- the State- of California that- the foregoing paragraph is true and correct WITNESS my hand and official seal. Sifflature of Notary Public OFFICIAL SEAL | ELYCE MARIE MARTINEZ * .NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1815789 £ SAN DIEGO COUNTY MY COMM. EXP. OCT. 3,2012 J Description of Attached Document Title or Type of Document _ Document Date: OPTIONAL Additional Information _ Number of Pages (including this one) Capadty(ies) Claimed by Signer D Individual D Corporate Officer- Title(s) D Partner: __ Limited General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other Signer is Representing: RigitThurabprintof Signer i Signer 2- BEST COPY NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, MATTHEW C. GAYNOR and DEBORAH D. DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By.f i-.*i*%. SEAL 1973 Steven P. Anderson, President & Chief Executive Officer of Washington Internationa] Insurance Company & Senior Vice President of North American Specialty Insurance Company By. David M. Layman, Senior Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this *3th jay Of March ; 2Q09 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 13th day of March 20 09 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comoanies. -V\/VS^W*S^*V^*N*%/VSi'-OFHOALSEAL";DONNAD.SKLENS ;Notaiy Public, State of Illinois Commission Expires 10W2011J Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary _ of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of FEBRUARY , 20 10 . James A, Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company Company Profile Page 1 of 1 Company Profile NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101-2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 29874 NAIC Group #: 0181 California Company ID #: 3208-6 Date authorized in California: June 30, 1989 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER SURETY 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 - June 26, 2009 05:53 PM Copyright O California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6943 02/10/2010 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to. detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 06/10/09 Contract No. 6012 Page 20 of 127 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/09 Contract No. 6012 Page 21 of 127 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work •jliijjiuy- tr^rr\G»\VA£xT g Subcontractor Name and Location of Business t83 N. — Pixley Dtrcct >arange / — CA ?2S69, *~-5 "C- HoC^A j^ewViwSh ^ . «a Sk o k . "i-H *i- 1 £-L ^^v.Xos-v _c>» ^.^VL^IA Subcontractor's License No. and Classification* ^r-A-fi. 0 U c, -e-e^ T7 ^"^^t C ^ ^2. C-fe\ ££&?., c-sv 7 Amount of Work by Subcontractor in Dollars*. MI g 3 , 4 0 2 . 0-0- 5)2., ^^o. ^S3 Page l of ^ pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 06/10/09 Contract No. 6012 Page 22 of 127 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed 04/2009 05/2009 06/2009 08/2009 Name and Address of the Employer North Cty. Transit Dist. 810 Mission Ave Oceanside, CA 92054 San Diego Unitied Port Procurement Services P.O. Box 120488 San Di *=>qn PA Q911? uity or yan uiego 1200 Third Ave Ste. 200 San Diego, CA 92101 Nortn cty. Transit mst. 810 Mission Ave Oceanside, CA 92054 Name and Phone No. of Person to Contract Seth Worden 760-966-6613 Bridgett Reid 619-725-6057 Kim LaSelle 619-725-5455 aetn woraen 760-966-6613 Type of Work Asphalt & Concrete Asphalt & Concrete Asphalt & Concrete Asphalt & Concrete Amount of Contract $10,880 $204,578 $1,580,245 $16, 780 Revised 06/1 0/09 Contract No. 6012 Page 23 of 127 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 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: 0 Comprehensive General Liability Q Automobile Liability D " Workers Compensation Q Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 06/10/09 Contract No. 6012 Page 24 of 127 Pages A£ORt? CERTIFICATE OF LIABILITY INSURANCE OP,D zo ^^•^^•"^ e Aij\siLNlS PRODUCER (WC) Heffernan Insurance Brkrs 350 Carlback Ave, Suite 200 Walnut Creek CA 94596 Phone: 925-934-8500 Fax:925-934-8278 INSURED PAL General Engineering Inc.2615 Camino Del Rio SouthSuite 308San Diego CA 92108i DATE (MM/DD/YYYY) 04/12/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: AMCO Insurance Company INSURERS: EVEREST NATIONAL INS. CO. INSURER C: Travelers Property Casualty Co INSURER D: Natl Dnion Fire Ins Co of Pitt INSURER E: NAIC# 10120 25674 19445 COVERAGES 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. IN5R LTR A C C C D B ADD'LNSRC X X TYPE OF INSURANCE GEr. X ERAL LIABILITY COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER:n POL,CY n™- riuoc AUTOMOBILE LIABILITY X — X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY 1 OCCUR [^ | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y , N ANY PROPRIETOR/PARTNER/EXECUTIV6 r OFFICER/MEMBER EXCLUDED? |(Mandatory In NH) ' ' If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER ACPMCTO7804117957 BA-2586N760-10-SEL BA-2586N760-10-SEL BA-2586N760-10-SEL BE018737322 7600004719101 POLICY EFFECTIVEDATE (MM/DD/YYYY) 07/21/09 02/19/10 02/19/10 02/19/10 10/02/09 01/07/10 POLICY EXPIRATIONDATE (MM/DD/YYYY) 07/21/10 02/19/11 02/19/11 02/19/11 10/02/10 01/07/11 LIMITS EACH OCCURRENCE UAMAtit 1 U KtN 1 tU PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHFRTHAN EA ACC AUTO ONLY: AQG EACH OCCURRENCE AGGREGATE .. WC STATU- f OTH-X TORY LIMITS | ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1000000 $50000 $5000 $1000000 $2000000 $2000000 $ 1000000 $ $ $ $ $ $ $5000000 $5000000 $ $ $ $1000000 $1000000 $1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Project #6012, Palomar Airport Road Right Turn Lane To Melrose Drive, Bid No. PWS10-25ENG. City of Carlsbad, its officials, employees and volunteers are named as additional insured on General Liability and Automobile Liability policies per attached endorsements. *Except 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CARLS 01 City of Carlsbad 11635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEJMKplJESENTATIVE /^%— ^ACORD 25 (2009/01)'©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACPMCTO7804117957 COMMERCIAL GENERAL LIABILITY CG 70 57 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Carlsbad, its officials, employees and Volunteers. Project Name: Project #6012, Palomar Airport Road Right Turn Lane To Melrose Drive, Bid No. PWS10-25ENG. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an additional insured, the person or or- ganization shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: 1. Coverage does not apply to "bodily injury" to an "employee" of the named insured. 2. This insurance does not apply to "bodily in- jury" or "property damage" occurring after: All terms and conditions of this policy apply unless modified by this endorsement. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 70 57 10 05 Page 1 of 1 POLICY NUMBER: BA-2586N760-10-SEL COMMERCIAL AUTO ISSUE DATE: 02/19/10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional provisions: 1. No liability is assumed by that person or organization for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Person or Organization Address "ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED." CA T3 01 02 99 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: PAL General Engineering Inc. (name dfl CdntcacTor) Bv: (d|[gn here) Maria Jahshan-President (print name/title) Page l of l pages of this Re Debarment form Revised 06/10/09 Contract No. 6012 Page 25 of 127 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? x yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _^ of l pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 6012 Page 26 of 127 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: PAL General Engineering Inc. (sign here) Maria Jahshan-President (print name/title) Page 1 of 2 pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 6012 Page 27 of 127 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 State of California County of Maria Jahshan ) ) ss. ) (Name of Bidder) and says that he or she is President _, being first duly sworn, deposes (Title) Of PAL General Engineering Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and thatthis affidavit was executed on the _9th day of February , 20 ^-v. Sighatlire of Bidder Maria Janshan- President Subscribed and sworn to before me on the b 9th jjgy Of February OFFICIAL SEAL»EPH T. JAN: '"''aiSb. 1834990 s Revised 06/10/09 Contract No. 6012 Page 28 of 127 Pages CONTRACT PUBLIC WORKS This agreement is made this /^O day of _ xya^. _ , 20/a , by and between the City of Carlsbad, California, a municipal corporawon, (hereinafter called "City"), and PAL General Engineering Inc. whose principal place of business is 2615 Camino del Rio South Suite 308 San Diego CA 92108 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 06/10/09 Contract No. 6012 Page 29 of 127 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 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 06/10/09 Contract No. 6012 Page 30 of 127 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Revised 06/10/09 Contract No. 6012 Page 31 of 127 Pages (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1 .5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. Revised 06/10/09 Contract No. 6012 Page 32 of 127 Pages (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above. (ji/Y iinit -~- init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Am¥ Revised 06/10/09 Contract No. 6012 Page 33 of 127 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (print name and title) By: (sign here) /V.p. - and title) - °~ LORRAINE M. WOOZVpt, (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 6012 Page 34 of 127 Pages BOND NO. 1939492 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010-063, adopted April 6, 2010, has awarded to PAL General Engineering Inc. (hereinafter designated as the "Principal"), a Contract for: PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 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, PAL GENERAL ENGINEERING INC., as Principal, (hereinafter designated as the "Contractor"), and THE HANOVER INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Thirty Seven Thousand Three Hundred Seventy Two Dollars ($137,372), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Am¥ Revised 06/10/09 Contract No. 6012 Page 35 of 127 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S&&J&JSSSSSMSSSSS State of California County of SAN DIEGO On 4/14/2010 before me MICHELLE M- BASUIL, NOTARY PUBLIC personally appeared JEFFREY A. DES ROSIER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of COMM. #1862575 - tne State °f California that the foregoing paragraph is NOTARY PUBUC-CAUFORN»A & true and correct. SAN DIEGO COUNTY £ MyComm.Exp. AUG24.2013 y WITNESS my hand and official seal. Signature of Notary ^— OPTIONAL SECTION ^—• CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL rj CORPORATE OFFICER(S) TITLE(S) fJPARTNER(S) n LIMITED [J GENERAL [JATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR QOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE . 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 14TH day of APRIL t 20 10 CONTRACTOR: PAL GENERAL ENGINEERING, INC. (name of Contractor) By: Executed by SURETY this 14TH day of APRIL , 20 10 . SURETY: THE HANOVER INSURANCE COMPANY (name of Surety) 333 CITY BOULEVARD WEST, 17TH FLOOR ORANGE. CA 92868 (sign here)(address of Surety) ABD JAHSHAN 714/938-3229 (print name here) VICE PRESIDENT (ff/le jijnd qrgariteatioiiof signatory)' MARLA JAHSHAN (print name here) /of Attorney-in-Fact) JEFFREY A. DBS ROSIER, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) PLEASE SEE ATTACHED NOTARIZED FORM_ (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney V Revised 06/10/09 Contract No. 6012 Page 36 of 127 Pages THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint; Jeffrey A. DesRosier of Orange, CA and is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, in any amount - and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 5th day of March, 2010. THE HANOVER INSURANCE COMPANYMASSACHUSETTS BAY INSURANCE COMPANY CITIZENS.1NSURANCE COMPANY OF AMERICA Ma J9d"i 6 AnlffiDi V ct- Pr>-si f ' \ ' /«f> / -/ « **-, THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. On this 5th day of March, 2010, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Afefd/y PabHc My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 14th day of April ,2010. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCfc COMPANY OF AMERICA t ' er I , / As "td California All-Purpose Acknowledgment State of California County of San Diego Public, personally appeared before me, Elyce Marie Martinez, Notary / t I •> - ts x} <•;Name(s) of Si^ier(s)who proved to me on the basis of satisfactory evidence to be the person(^ whose namei is/arrSubscribed to the within instrument and acknowledged to me that he/ska/feey^ executed the same in bis/hor/thaif authorized capacity (i^) and that by his/bai'/thrir signature^) on the instrument the person(je) or the entity upon behalf of which the personm acted, executed the instrument. I certify-imder-BBNALT-Y OF-PBRJUR-Y^under the laws of the State- of California thatthe foregoing paragraph is true and correct WITNESS my hand and official seal. , —•~ n^,.. ._•."" UrrlulAL ocAL ,ELYCE MARIE MARTINEZ k NOTARY PUBLiC-CALIFORNIAS ' COMM. NO. 1815789 " SAN DIEGO COUNTY MY COMM, EXP. OCT. 3,20)2 OPTIONAL Sgnature of Notary Public Description of Attached Document Title or Type of Document Document Date: Additional Information Cap a city (ies) Claimed by Signer D Individual D Corporate Officer- Title(s) D Partner: Limited General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other Signer is Representing; •PY BOND NO. 1939492 PREMIUM: $2,4418.00 Premium Is For Contract Term And Is Subject To Adjustment Based On Final Contract Price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010-063, adopted April 6, 2010, has awarded to PAL General Engineering Inc. (hereinafter designated as the "Principal"), a Contract for: PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 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, PAL GENERAL ENGINEERING INC., as Principal, (hereinafter designated as the "Contractor"), and THE HANOVER INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Thirty Seven Thousand Three Hundred Seventy Two Dollars ($137,372), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Contract No. 6012 Page 37 of 127 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^-JS'S^^^^^SS^S^TS State of California County of SAN DIEGO No. 5193 4/14/2010 hf MICHELLE M. BASUT.L, NOTARY PUBLICUn DcTOic ITlc, , personally appeared JEFFREY A. DES ROSIER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBUC-CAUFORNIA SAN DIEGO COUNTY . My Comm. Exp AUG2< 2013 J WITNESS my hand and official seal. Signature of Notary i—^« OPTIONAL SECTION ^™ OPTIONAL SECTION ^— CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL n CORPORATE OFFICER(S) TITLE(S) | PARTNER(S)LIMITED fj GENERAL HATTORNEY-IN-FACT DTRUSTEE(S) n GUARDIAN/CONSERVATOR PI OTHER: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. isssssaaa TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE . SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 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 14TH APRIL day of .2010 day of. CONTRACTOR: PAL GENERAL ENGINEERING, INC. (name of Contractor) ., 20 10 . (sign here) ABD JAHSHAN Executed by SURETY this 14TH APRIL SURETY: THE HANOVER INSURANCE COMPANY (name of Surety) 333 CITY BOULEVARD WEST, 17TH FLOOR ORANGE, CA 92868 (address of Surety) 714/938-3229 (telephone number of Surety) (print name here) VICE PRESIDENT (Title and Organization of Signatory) By: I (sign here) MARLA JAHSHAN Attorneys-Fact) JEFFREY A. DBS ROSIER, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) SEGRETAR?NOTARIZED FORM(Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 6012 Page 38 of 127 Pages THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint; Jeffrey A. DesRosier of Orange, CA and is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, in any amount - and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 5th day of March, 2010. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Robert K. Grerman, Assistanrv'ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 5th day of March, 2010, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. NottoyPubtiG My commission expires on Novembers, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 14th day of April , 20 10. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF/iMERICA California All-Purpose Acknowledgment State of California County of San Diego On ,4>ii 2^,20 /k , before me, Elyce Marie Martinez, Notary Public, personally appeared Mark, T*t^<>-N /ft ^3, NameCs) of Signers) who proved to ma on the basis of satisfactory evidence to be the person^ whose namejjs") is/ajs. subscribed to the within instrument and acknowledged to me that-ie/sha^bey executed the same in his/her/their authorized capacity (iel) and that by Ms/her/tkei? — signature^ on the instrument the person($ or the entity upon behalf of which the personfe) acted, executed the instrument. » I. certify- under-P-BNALT¥ OFP-ERJUR-Y^under- the laws of- the State- of California: that • the foregoing paragraph is true and correct WITNESS my hand and official seal. % £ •e of Notary PobKc OFFICIAL SEAL I COMM. NO. 18 5789 - Description of Attached Document Title or Type of Document Document Date: OPTIONAL Additional Information Number of Pages (including this one) Capacities) Claimed by Signer D Individual D Corporate Officer- Title(s) D Partner: __ Limited General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other Signer is Representing: RigitThurabprint of Signer I RightTbumbprintof T OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PALOMAR AIRPORT ROAD RIGHT TURN LANE TO MELROSE DRIVE CONTRACT NO. 6012 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. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. m¥ Revised 06/10/09 Contract No. 6012 Page 39 of 127 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address_ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 06/10/09 Contract No. 6012 Page 40 of 127 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature Address Revised 06/10/09 Contract No. 6012 Page 41 of 127 Pages GENERAL PROVISIONS FOR Palomar Airport Road Right Turn Lane to Me I rose Drive CONTRACT NO. 6012 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of. similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. oRevised 11/13/09 Contract No. 6012 Page 42 of 127 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. f Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 11/13/09 Contract No. 6012 Page 43 of 127 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Revised 11/13/09 Contract No. 6012 Page 44 of 127 Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Revised 11/13/09 Contract No. 6012 Page 45 of 127 Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Revised 11/13/09 Contract No. 6012 Page 46 of 127 Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP , Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWYAPPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install Revised 11/13/09 Contract No. 6012 Page 47 of 127 FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIF Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG : Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVG Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA..; Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway Revised 11/13/09 Contract No. 6012 Page 48 of 127 SDR Standard thermoplastic pipe dimension ratio TF Top of footing (ratio of pipe O.D. to minimum wall thickness) TOPO Topography SDRSD San Diego Regional Standard Drawings TR Tract SE Sand Equivalent TRANS Transition SEC Section TS Traffic signal or transition structure SF Square foot TSC Traffic signal conduit SFM Sewer Force Main TSS Traffic signal standard SI International System of Units (Metric) TW Top of wall SPEC Specifications TYP Typical SPPWC Standard Plans for UE Underground Electric Public Works Construction USA Underground Service Alert SSPWC Standard Specifications for VAR Varies, Variable Public Works Construction VB Valve box ST HWY State highway VC Vertical curve STA Station VCP Vitrified clay pipe STD Standard VERT Vertical STR Straight VOL Volume STR GR Straight grade VWD Vallecitos Water District STRUG Structural/Structure W Water, Wider or Width, as applicable SW Sidewalk WATCH Work Area Traffic Control Handbook SWD Sidewalk drain Wl Wrought iron SY Square yard WM Water meter T Telephone WPJ Weakened plane joint TAN Tangent XCONN Cross connection TC Top of curb XSEC Cross section TEL Telephone 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 11/13/09 Contract No. 6012 Page 49 of 127 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (|im) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square foot (ft) 0.0929 square meter (nrQ 1 square yard (yd ) 0.8361 square meter (m ) 1 cubic foot (ft L 0.0283 cubic meter (nrg 1 cubic yard (yd ) 0.7646 cubic meter (m) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (ft oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbfj/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)71.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo(k) 10, centi(c) 10, milli(m) 10"3 micro (|i) 10"g nano (n) 10,, pico(p) 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents /. Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centerline SL Survey line or station line Revised 11/13/09 Contract No. 6012 Page 50 of 127 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 11/13/09 Contract No. 6012 Page 51 of 127 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 11/13/09 Contract No. 6012 Page 52 of 127 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. ' 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one set designated as City of Carlsbad Drawing No. 465-1 and consists of 9 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Revised 11/13/09 Contract No. 6012 Page 53 of 127 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 10) above. Detailed plans and plan views shall have precedence over general plans. c«Revised 11/13/09 Contract No. 6012 Page 54 of 127 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Six paper copies of each submittal shall be provided. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1 ) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: _ Title: _ Date: _ Company Name: _ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Revised 1 1 /1 3/09 Contract No. 601 2 Page 55 of 1 27 Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Samples. If samples are provided as part of the submittal, two (2) sets of samples shall be provided. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) 2) 3) 4) 5) 6) 7)c List of Subcontractors per 2-3.2. List of Materials per 4-1.4. Certifications per 4-1.5. Construction Schedule per 6-1. Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201-1.1. Asphalt concrete mix designs per 203-6.1. Revised 11/13/09 Contract No. 6012 Page 56 of 127 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to 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. Revised 11/13/09 Contract No. 6012 Page 57 of 127 Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215 mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. Revised 11/13/09 Contract No. 6012 Page 58 of 127 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal CD Signal Poles & Controller ® Junction Box ® Conduit ® Minor Structure ® Abutment Fill Stake Description ® SDRSM-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake Centerline or Parallel to Centerline Spacing®, ® £1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' <50' ^ 50' on tangents & curves when R> 1000' & <: 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at 1/4A, 1/zA & %A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression © < 50' & along end slopes & conic transitions Lateral Spacing CD, ® on street centerline at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1' Vertical & Horizontal 0.1' Horizontal 0.1 'Verticals Horizontal J/8" Horizontal & V/ Vertical •V Horizontal & V/ Vertical •V Horizontal & V Vertical J/8" Horizontal & V4" Vertical J/8" Horizontal & V4" Vertical J/e" Horizontal & V Vertical J/s" Horizontal & when depth cannot be measured from existing pavement V4" Vertical V Horizontal & V/ Vertical (when vertical data needed) 0.1' Verticals Horizontal Revised 11/13/09 Contract No. 6012 Page 59 of 127 Feature Staked Wall® Major Structure ® Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading <D Utilities ®, © Channels, Dikes & Ditches ® Signs ® Subsurface Drains ® Overside Drains ® Markers ® Railings & Barriers ® AC Dikes ® Box Culverts Pavement Markers® Stake Description © RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, ® < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions 8,/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' ^ 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At beginning & end and < 50' on tangents & curves when R £ 1000' & < 25' on curves when R< 1000' At beginning & end 1 0' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice Lateral Spacing Q>, © as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) 74" Horizontal & V4" Vertical °/8" Horizontal & V4" Vertical °/e" Horizontal & 74" Vertical 0.1 'Verticals, Horizontal °/B" Horizontal & V4" Vertical 0.1' Horizontals 74" Vertical 0.1 'Verticals, Horizontal 0.1 'Horizontals, V4" Vertical 0.1' Horizontals, V4" Vertical 74" Horizontal °/8" Horizontal & Vertical 0.1' Horizontal 8, Vertical %" Horizontal 8, V4" Vertical 74" Horizontal ® Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature <D > means greater than, or equal to, the number following the symbol. <, means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. Revised 11/13/09 Contract No. 6012 Page 60 of 127 All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. Revised 11713/09 Contract No. 6012 Page 61 of 127 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Revised 11/13/09 Contract No. 6012 Page 62 of 127 Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. Revised 11/13/09 Contract No. 6012 Page 63 of 127 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. Revised 11 /13/09 Contract No. 6012 Page 64 of 127 (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Revised 11/13/09 Contract No. 6012 Page 65 of 127 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. Revised 11/13/09 Contract No. 6012 Page 66 of 127 If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: ; Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach Revised 11 /13/09 Contract No. 6012 Page 67 of 127 agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 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. Revised 11/13/09 Contract No. 6012 Page 68 of 127 Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. Revised 11/13/09 Contract No. 6012 Page 69 of 127 (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. Revised 11 /13/09 Contract No. 6012 Page 70 of 127 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. Revised 11/13/09 Contract No. 6012 Page 71 of 127 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new. lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. Revised 1 1/13/09 Contract No. 6012 Page 72 of 127 The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an Revised 11 /13/09 Contract No. 6012 Page 73 of 127 immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the con- tradiction, the assignable party, the Agency or the Contractor, shall bear all costs asso- ciated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assign- able cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, Revised 11/13/09 Contract No. 6012 Page 74 of 127 the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. Revised 11/13/09 Contract No. 6012 Page 75 of 127 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition, and the latest supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. Revised 11/13/09 Contract No. 6012 Page 76 of 127 After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not Revised 11 /13/09 Contract No. 6012 Page 77 of 127 identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Revised 11/13/09 Contract No. 6012 Page 78 of 127 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these Revised 11/13/09 Contract No. 6012 Page 79of 127 specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.9. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.9. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.4 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Revised 11 /13/09 Contract No. 6012 Page 80 of 127 6-1.3.5 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.9. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.9. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. Revised 11/13/09 Contract No. 6012 Page 81 of 127 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6.1.8 Schedule Submittal. The schedule shall be submitted on a 11x17 sheet, landscape format, in color. The minimum columns showing shall be task name, start date, end date, duration, and task connectivity. If the bar chart portion does not fit on one sheet, all the columns shall be repeated on all schedule sheets. 6-1.9 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removing existing pavement, curb, gutter, sidewalk, landscaping and irrigation within the work area to accommodate the addition of a turn packet. New pavement, base, curb, gutter, sidewalk, striping, signage, landscaping and irrigation will be installed as per plans. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Revised 11/13/09 Contract No. 6012 Page 82 of 127 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Revised 11/13/09 Contract No. 6012 Page 83 of 127 Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the Revised 11/13/09 Contract No. 6012 Page 84 of 127 classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 40 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of Revised 11 /13/09 Contract No. 6012 Page 85 of 127 working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred Dollars ($900.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $900.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 11/13/09 Contract No. 6012 Page 86 of 127 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. A•^ Revised 11 /13/09 Contract No. 6012 Page 87 of 127 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Revised 11/13/09 Contract No. 6012 Page 88 of 127 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and Revised 11 /13/09 Contract No. 6012 Page 89 of 127 sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB), National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Contractor shall prepare a Storm Water Pollution Prevention Plan as detailed in Section 300-13. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its Am¥ Revised 11/13/09 Contract No. 6012 Page 90 of 127 operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. •^ Revised 11/13/09 Contract No. 6012 Page 91 of 127 The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. When the bike lane or sidewalk closure occurs, the contractor shall post closure signs in locations advanced enough to provide for a safe detour for pedestrians and bicyclists. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. Revised 11/13/09 Contract No. 6012 Page 92 of 127 The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or Revised 11/13/09 Contract No. 6012 Page 93 of 127 flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the than minimum acceptable shy distance, two (2) feet, shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of two (2) through paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in the east direction of travel from 7 am to 4 pm. At all other times, three (3) paved traffic lanes shall be opened. No traffic lanes in any other travel direction or left turn lanes shall be impacted unless approved by the engineer. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS). Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Revised 11/13/09 Contract No. 6012 Page 94 of 127 Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20- day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for preparing a traffic control plan, furnishing all labor (including flagging costs), materials (including signs, temporary rails, etc), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, Revised 11 /13/09 Contract No. 6012 Page 95 of 127 replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. A"K Revised 11/13/09 Contract No. 6012 Page 96 of 127 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. Revised 11/13/09 Contract No. 6012 Page 97 of 127 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities for Agency use are not required for this contract. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. Revised 11/13/09 Contract No. 6012 Page 98 of 127 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Revised 11/13/09 Contract No. 6012 Page 99 of 127 Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Revised 11/13/09 Contract No. 6012 Page 100 of 127 From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. Revised 11/13/09 Contract No. 6012 Page 101 of 127 The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed eight thousand dollars ($8,000.00), 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 lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item 1 - Mobilization Payment for this bid item will be per section 9.3.4.1 of these General Provisions. Revised 11/13/09 Contract No. 6012 Page 102 of 127 Bid Item 2 - Clearing and Grubbing The contract lump sum price paid for this bid item shall constitute full compensation remove and dispose of all materials within the work area as per Section 300-1 including, but not limited to, removal and disposal of excess soil, trees, vegetation, asphalt concrete (including sawcutting), aggregate base, concrete curb, gutter and sidewalk, traffic signs, and any other features that require removal to construct the new improvements. Bid Item 3 - Unclassified Excavation The contract lump price paid for this bid item shall constitute full compensation items including, but not limited to, disposal of surplus and unsuitable material, stockpiling, recompaction, mixing, grading, backfilling, scarification, implementation of SWPPP and moisture adjustments as described in Section 300-2. Bid Item 4 - Storm Water Pollution Prevention Plan The contract lump price paid for this bid item shall constitute full compensation the preparation of a Tier 2 Storm Water Pollution Prevention Plan (SWPPP) per Section 300-13 of these contract documents. The implementation of the SWPPP is covered in Bid Item 3 per Section 300-9.2.2 of these contract documents for water pollution control and shall include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing, construction, maintaining, removing and disposing of storm water control measures. Bid Item 5 - Traffic Control The contract lump price paid for this bid item shall constitute full compensation to, but not limited to, furnish, install and maintain temporary construction and final traffic control including al labor, equipment, and materials for all work and any appurtenant work as shown on the plans and called for in the specifications, complete in place as need for the completion of the work as shown on plans. This item includes traffic control plans (TCPs), modifications of TCPs, portable barrier, temporary and permanent pavement markings, signs, barricades, lights, flagmen, any other traffic control devices required for maintaining traffic, removal of old and application of new traffic features as shown on plans and specified in these contract documents for temporary and permanent traffic control. Bid Item 6 - Portable Concrete Barriers (k-rail) The contract unit price paid for this bid item shall constitute full compensation to, but not limited to, furnish, install, maintain, and remove temporary construction portable concrete barriers (k- rail) and crash cushions. Bid Item 7 - Asphalt Pavement Concrete The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, cold milling, and incidentals to place asphalt concrete pavement as shown on plans and specified in these contract documents. Bid Item 8 - Crushed Aggregate Base The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, cold milling, and incidentals to place crashed aggregate base as shown on plans and specified in these contract documents. Bid Item 9 - 6" Type "G" Curb and Gutter per SDRSD G-2 The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, saw cut, and incidentals to install curb and gutter as shown on plans and specified in these contract documents. Revised 11/13/09 Contract No. 6012 Page 103 of 127 Bid Item 10-4" PCC Sidewalk per SDRSD G-7 The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, saw cut, and incidentals to install PCC sidewalk as shown on plans and specified in these contract documents. Bid Item 11 - Landscaping The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, excavation, backfilling, grading, watering, planting, fertilizer application ground cover application, and incidentals to install the landscaping as shown on plans and specified in these contract documents. Bid Item 12 - Irrigation The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, trenching, backfilling, compaction, pipes, fitting connections, taps, sprinkler equipment, and incidentals to install the irrigation as shown on plans and specified in these contract documents. Bid Item 13 - Miscellaneous Utility Relocations The contract unit price paid for this bid item shall constitute full compensation for, but not limited to, materials, transportation, equipment, tools, labor, trenching, backfilling, compaction, pipes, fitting connections, taps, pull boxes, conduits, and incidentals to relocate utilities boxes to behind the sidewalk as shown on plans and specified in these contract documents. Revised 11/13/09 Contract No. 6012 Page 104 of 127 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(6). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mm(J/4") J\2.5-mmC/2") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing TypeB 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(6) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mm(a/4") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 11/13/09 Contract No. 6012 Page 105 of 127 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 2/4" Maximum Sieve Sizes 2" 11/2" .... 1" 3/4" No 4 .... No 30 No. 200 Operating Range 100 90-100 50-85 25-45 10-25 2-9 Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 11/13/09 Contract No. 6012 Page 106 of 127 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a 1/2" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Revised 11713/09 Contract No. 6012 Page 107 of 127 Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPM"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COG, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 .ASTM D 3407, Sec. 8 ASTM D 36 ASTM D 113 ASTM D 92 ASTM D 4402 Results 3.5 mm, max. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C, 150g, 5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, Revised 11/13/09 Contract No. 6012 Page 108 of 127 SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +1-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C1-PG64-10-RAP for surface course (top 3 inches), and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +1-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. Revised 11/13/09 Contract No. 6012 Page 109 of 127 SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs. Permanent traffic signs shall consist of 10-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.1.2 Sign Identification. Modify the "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" as follows: Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", except that the notation shall be "PROPERTY OF THE CITY OF CARLSBAD". Add the following section: 206-7.1.3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or Revised 11/13/09 Contract No. 6012 Page 110 of 127 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: Revised 1 1/13/09 Contract No. 6012 Page 1 1 1 of 127 a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0 mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(6). Revised 11 /13/09 Contract No. 6012 Page 112 of 127 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions mm (inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57x57 64x64 51 x76 (1 x1) (11/4x11/4) dVzXlVz) (1%x13/4) (2x2) (23/16x23/16) (21/4 x 2V4) (21/2 x 2V2) (2x3) Outside Tolerance for All Sides at Corners mm (inches) 0.13 0.15 0.15 0.20 0.20 0.25 0.25 0.25 0.25 0.005 0.006 0.006 0.008 0.008 0.010 0.010 0.010 0.010 TABLE 206-8.2(6) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57x57 64x64 51 x76 (1x1) (1-1/4x1-V4) (1-1/2x1-V2) (1-3/4x1-3/4) (2x2) (2-3/16 x 2-3/16) (2-V4 x 2-V4) (2-V2x2-V2) (2x3) Squareness0 ' mm (Inches) 0.15 0.18 0.20 0.25 0.30 0.36 0.36 0.38 0.46 0.006 0.007 0.009 0.010 0.012 0.014 1.014 0.015 0.018 Twist Permissible in 900 mm (3") mm(2) (Inches)*2' 1.3 1.3 1.3 1.6 1.6 1.6 1.6 1.9 1.9 0.050 0.050 0.050 0.062 0.062 0.062 0.062 0.075 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Temporary Railing type (K) Pre-reatment / Surface Preparation Abrasive Blast Cleaning to a Roughened, Textured Appearance Primer None Finish Coats Two coats white Acrylic Emulsion Paint (1) (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. Revised 11/13/09 Contract No. 6012 Page 113 of 127 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (Vi Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1 .8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (%") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 11/13/09 Contract No. 6012 Page 114 of 127 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, traffic signs, landscaping, irrigation, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. Revised 11/13/09 Contract No. 6012 Page 115 of 127 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. Revised 11/13/09 Contract No. 6012 Page116of127 When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1 557-91. 300-4.5 Placing Materials for Fills, add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (31) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. Revised 1 1 /1 3/09 Contract No. 601 2 Page 1 1 7 of 1 27 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (31) of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (31) of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests R-Value Expansion Index Plasticity Index Sieve Analysis Test Method No. Calif. 301 UBC Standard 18-2 ASTM D 424 ASTM D 422 Requirements 40 Min. 10 Max. 4 Max. Percent Passing 75^ (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Revised 11/13/09 Contract No. 6012 Page 118 of 127 Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the City of Carlsbad Engineering Standards Tier 2 Construction SWPPP template, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. Appendix A provides the template for a Tier 2 Construction SWPPP. The City of Carlsbad Stormwater Standards Manual can be download from the City's website at: http://www. carlsbadca. goy/business/building/codes-standards/Pages/engineering-standards. aspx Appendix A contains a template of a Tier 2 SWPPP for contractor's reference. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 5 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, Revised 11 /13/09 Contract No. 6012 Page 119 of 127 to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13.1.2 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.3 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control A•K Revised 11 /13/09 Contract No. 6012 Page 120 of 127 measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions Revised 11/13/09 Contract No. 6012 Page 121 of 127 and compaction shall be as approved by the Engineer. 302-5.5 Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General, modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures), delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment, add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W S RW Revised 11/13/09 Contract No. 6012 Page 122 of 127 303-5.9 Measurement and Payment, add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (V) in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (V) in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then Revised 11/13/09 Contract No. 6012 Page 123 of 127 correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic control (Bid Item 5), and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, Revised 11/13/09 Contract No. 6012 Page 124 of 127 except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The Channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the Channelizers to the proper alignment shall be performed by the Contractor. If the Channelizers are displaced or fail to remain in an upright position, from any cause, the Channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the Channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the TCP. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the TCP. Revised 11/13/09 Contract No. 6012 Page 125 of 127 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/ie") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of Revised 11/13/09 Contract No. 6012 Page 126 of 127 any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control. Temporary railing (type K) are part of the unit cost item for portable concrete barriers. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Revised 11/13/09 Contract No. 6012 Page 127 of 127 Technical Specifications 02810 Landscape Irrigation Systems 02900 Landscaping SECTION 02810 LANDSCAPE IRRIGATION PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated on the Drawings and specified herein. B. This Section covers the construction of an automatic irrigation system, complete and operable, in accordance with the requirements of the Contract Documents. C. The irrigation system shall include, but not be limited to, all pipes, fittings, sprinklers, valves, automatic control valves, controllers, valve boxes, drain valves, quick coupler valves, operating wrenches, riser assemblies, direct burial wires, electrical connections, wiring and other appurtenances, piping, excavating and backfilling trenches, connections, testing, cleanup, maintenance and adjustments necessary for a complete operating system, ready for immediate use upon completion. Minor items necessary for proper construction and functional operation of this system, not specifically described in the Contract Documents, shall be included as a part of the work of this Section. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02900 Landscaping 1.3 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Comply with the applicable reference specifications as specified in the GENERAL REQUIREMENTS. B. Comply with SSPWC Sections 212-2, and 308-5 (as amended by the City). C. Comply with Carlsbad Municipal Water District's "Carlsbad Reclamation Rules and Regulations for Construction of Reclaimed Water Mains, June 1991". 1.4 CONTRACTOR SUBMITTALS A. Submittals shall be made in accordance with the GENERAL PROVISIONS. B. The following submittals and specific information shall be provided. 1. Submit complete lists of irrigation materials and equipment, include manufacturer's name and address, specific trade names, catalog numbers complete with illustrations and/or necessary descriptive literature and clearly mark or underline proposed items. 2. Shop drawings are required for any irrigation structure as may be specified. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-1 3. Prior to final inspection, submit "as installed" drawings, showing locations of all valves, pipes (lines), heads, dimensions, controllers, control lines, and electrical wires. Accurately dimension location including depths of all piping, valves, and control equipment as installed. 1.5 QUALITY ASSURANCE A. In addition to other inspection as provided by the INSPECTOR, the CONTRACTOR shall give at least 72 hours' notice to the INSPECTOR for scheduling the following special inspections: 1. The layout of the system. 2. Flushing 3. Inspection of trenches, backfilling, and equipment. 4. Pressure tests. 5. Coverage adjustment. 6. Automatic operation. 1.6 OPERATING MANUALS AND EQUIPMENT A. Furnish the AGENCY with operating and maintenance manuals for all irrigation system equipment such as automatic controllers. B. Explain, in detail, all irrigation equipment operation and maintenance procedures to the personnel directed by the ENGINEER before completion of the project. C. Provide the AGENCY with a reduced legible copy of the "as-installed" irrigation plan hermetically sealed in a plastic cover to be installed in the controller cover. D. Provide one quick coupler key with 1-inch hose swivel for each quick coupler installed. E. Provide one pull box key for each pull box installed. F. Provide one extra, a new electric remote control valve of each size used on this Contract. G. Provide five extra sprinkler heads, including body, nozzle and screen, for each type and arc of sprinkler head installed on this Contract. 1.7 GUARANTEE A. Guarantee the entire irrigation system against defects in materials and workmanship for a period of one year from the date of acceptance of the work. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-2 B. Should any deficiencies develop within the specified guarantee period due to inferior or faulty material and workmanship, correct such deficiencies to the satisfaction of the ENGINEER without added expense to the AGENCY. C. The CITY reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the AGENCY will not relieve the CONTRACTOR of his responsibilities under the terms of the guarantee. D. Repair any settlement or backfilled trenches, which may occur during a 30-day period after final acceptance by the ENGINEER and the INSPECTOR, to the ENGINEER'S and the INSPECTOR'S satisfaction, without expense to the AGENCY, including the complete restoration of all damaged planting, paving, or other improvements of any kind. 1.8 EXISTING UTILITIES AND CONDITIONS A. Prior to cutting into the soil, the CONTRACTOR shall locate all cables, conduits, sewers, septic tanks, and other such underground utilities, and shall take proper precautions not to damage or disturb such improvements. If a conflict exists between such obstacles and the proposed work, the CONTRACTOR shall promptly notify the ENGINEER. B. The CONTRACTOR shall be responsible for coordinating its work with the operation of existing utilities and new utilities on the Project. The CONTRACTOR shall notify the ENGINEER or its representative when utilities which are in operation require shut-off. C. Due to the scale of Drawings, it is not possible to indicate all offset, fittings, etc., which may be required. The CONTRACTOR shall carefully investigate the structural and finished conditions affecting all its work, and plan its work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The Contract Documents are generally diagrammatic and indicative of the work to be installed. The work shall be installed in the most direct and workmanlike manner, so that conflicts between sprinkler systems, planting, structures, piping, and etc., will be avoided. D. The CONTRACTOR shall verify the water pressure and the flow available at the site before installation of the system to make sure there is adequate pressure to properly operate sprinkler heads and valves, and shall also provide pressure reducing valves if required. If the pressure provided at job site or any other job condition will create problems that will prevent proper operation of the irrigation system, the ENGINEER and the INSPECTOR shall be notified before commencement of any work. Minor additions and adjustments of heads, piping, and circuits shall be made at no additional cost to AGENCY where it is necessary to make the irrigation system operate properly. 1.9 STORAGE OF MATERIALS A. The CONTRACTOR shall be responsible for storage of materials and for damage to the work covered by these Contract Documents before final acceptance of its work. The CONTRACTOR shall securely cover openings into the system, and shall cover all apparatus, equipment, and appliances both before and after being set in place to prevent obstruction in the pipes and the breakage, misuse, or disfigurement of said apparatus, equipment, or appliances. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-3 1.10 SCHEDULING AND COORDINATION A. The CONTRACTOR shall be responsible for making arrangements for the coordination of its construction operations with those of all others on the job. The CONTRACTOR shall permit others engaged in work to accomplish their portion of work without undue interference or delay. B. The CONTRACTOR shall be responsible for the scheduling and coordination of the electrical and water connections and the installation of the piping and equipment in a manner that will affect the earliest completion of the work in conformance with the construction progress schedules. PART 2 - PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS A. Hard Copper Tube: ASTM B 88, Type K, water tube, drawn temper. 1. Copper Pressure Fittings: ASME B16, 18, cast-copper-alloy or ASME B16.22, wrought-copper, solder-joint fittings. Furnish wrought-copper fittings if indicated. 2. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-socket, metal-to-metal seating surfaces and solder-joint or threaded ends. B. PVC Pipe: PVC SDR 13.5 compound, Type 1, Grade 1, purple color for recycled water use. Class 315 for 2" size and larger irrigation main piping. C. PVC, Pressure-Rated Pipe: PVC compound, SDR 21, Class 200 purple pipe for recycled water use. D. All pipes shall be homogeneous throughout and free from cracks, holes, foreign materials, blisters, deleterious wrinkles, and dents. E. Use Schedule 40 PVC plastic pipe for installation on the discharge side of control valves and Schedule 80 PVC plastic pipe for continuously pressurized pipe on the supply side of control valves unless otherwise indicated. F. Supply Schedule 80 PVC plastic pipes only, when threaded joints are specified or otherwise permitted by the ENGINEER. G. All pipes shall be permanently marked with the following: manufacturer's name or trademark, size, schedule, and type of pipe, working pressure at 73 degrees F and National Sanitation Foundation (NSF) approval. H. Fittings and Couplings for Plastic Pipe: Threaded or slip-fitting tapered socket solvent weld type. Provide threaded adapters with socket pipe for connections to threaded pipe. Plastic pipe fittings and couplings shall be PVC I or PVC l/ll material supplied in the same schedule size specified for the pipe. The type of plastic materials and schedule size shall be marked on each fitting or coupling. Fittings and couplings shall comply with the following Specifications: 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-4 Socket Fittings Threaded Fittings Schedule 40 ASTM D 2466, D 1784 Schedule 80 ASTM D 2464 Schedule 80 ASTM D 2467, D 1785 2.2 VALVES AND VALVE BOXES A. General: Provide valves of the type and capacity designated on the plan and with the requirements specified herein. All valves except quick couplers shall be capable of satisfactory performance at a working pressure of 200 psi. Design shall permit disassembly for replacement of the seals without removal of the valve body from the pipeline. B. Shutoff Valves: Sizes 2-inch and smaller shall be bronze ball type (Stockham, Crane, Nibco, Gee, Kennedy, or equal). Sizes 2-1/2-inch and larger shall be iron body brass trimmed with other features the same as for 2-inch size. C. Remote Control Valves: shall be type size and type shown on the plans. The valve manufacturer shall submit a written guarantee stating that the valves will operate under dirty water conditions for a period of 1 year after date of final acceptance. D. Quick Coupler Valve and Assembly: Quick couplers shall be of the Acme thread keyway type. Quick couplers shall be constructed of rod brass and cast brass, shall have a maximum capacity of 20 gpm, and shall have a 1-inch bottom female pipe thread and wastewater caution sticker. Install in remote control valve box with remote control valve or individually below grade in a valve box as indicated on the Drawings. Quick-coupling valve assemblies shall include the valve, corresponding key and hose swivel. E. Meter Boxes and Covers shall be polymer-type boxes and lids selected from approved materials list. Meter box sites shall be as follows: Size of Box Meter Box Use 12"x20" 1" Services 17"x30" 2" Services Meter box lids for potable water shall be gray in color. Meter box lids for recycled water shall be purple in color. F. Remote Control Valve (RCV) Box Lids: Lids for recycled water shall be purple in color and shall be marked with the controller letters and station numbers called out on the Drawings. Letters shall be 2 inches in height and made using stencils and black paint. All stencils and paint shall be approved prior to application. Lids shall conform to the following sizes: 1. Use a nominal size 10" round box for gate valves and quick coupling valves. Extension sleeves, where needed, shall be PVC and a minimum size of 6". 2. Use a nominal size 14" x 19" x 12" rectangular box for remote control valves, flow sensors, master valves, and field wire splices. 3. Valve box covers shall be locking type secured with a 3/8 inch stainless steel bolt, washer and nut. 2.3 SPRAY HEADS 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-5 A. Use types and sizes shown on the plans. Provide equipment of one type and flow characteristic from the same manufacturer and bearing the manufacturer's name. 2.4 ACCESSORIES A. Provide two each special head wrenches for installation, removal, and adjustment for each type and make of sprinkler equipment. Provide two keys each for quick couplers, controller units, and valve boxes. PART 3 - EXECUTION 3.1 GENERAL A. Inspection: In all cases where inspection of the irrigation system is required and where portions of the work are specified to be performed under the direction and inspection of the INSPECTOR, notify the INSPECTOR at least 48 hours in advance of the times such inspection and direction is required. B. Verifications: All scaled dimensions are approximate. Carefully check and verify all dimensions before proceeding with any work. Immediately notify the ENGINEER should any errors or conflicts in the Drawings and specifications and/or actual jobsite conditions be found which would affect the proper execution of the irrigation work. Do not work in areas where such discrepancies occur until further instructed by the ENGINEER. 3.2 IRRIGATION SYSTEM INSTALLATION A. General: 1. Perform all work on the irrigation system, including hydrostatic and coverage tests, preliminary operational test of the automatic control system, and the backfill and densification of trenches and other excavations after topsoil work and before planting, except as otherwise provided or directed. 2. With the ENGINEER'S approval, make adjustments where necessary to conform to actual field conditions. 3. Make the irrigation system operational with uniform and adequate coverage of the areas to be irrigated, prior to planting. 4. Make water and utility connections as shown on the drawings or designated by the utility company. 5. Where piping on the Drawings is shown under paved areas but running parallel and adjacent to planted areas, the intent of the Drawings is to install piping in the planted areas. B. Trench Excavating and Backfilling: Size trenches and other excavations to accommodate the irrigation system components, conduits, and other required facilities. Provide additional space to assure proper installation and access for inspections. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-6 1. Unless otherwise specified, the minimum depth of cover over pipelines and conduits shall be as follows: a. Electrical conduit - 24-inches (36-inches under roadways). b. Waterlines continuously pressurized - 24-inches (36-inches under roadways). c. Lateral sprinkler lines - 18-inches. 2. Make the bottom of trenches true to grade and free of protruding stones, roots, or other matter which would prevent proper bedding of pipe or other facilities. 3. Backfill trenches so that the specified thickness of topsoil is restored to match the adjacent undisturbed soil and shall be left flush with the adjoining grade. C. Irrigation Pipeline Installation: 1. Install pipe fittings in accordance with the manufacturer's recommendations and these Specifications. When requested by the ENGINEER, furnish the manufacturer's printed installation instructions before pipe installation. 2. Bed pipes in at least 2 inches of finely divided material to provide a firm, uniform bearing. Surround the pipe with additional finely divided material to at least 2-inches over the top of the pipe. 3. Deposit trench backfill sufficient to anchor the pipe before the pipeline pressure testing, except that joints shall remain exposed until satisfactory completion of testing. 4. When two or more pipelines are installed in the same trench, separate the pipelines by a minimum horizontal clear distance of 4 inches. Install equipment so that each pipeline, valve, or other component may be serviced or replaced without disturbing another. 5. Accomplish all assemblies as specified and in accordance with the manufacturer's directions. 6. During installation of pipe, fittings, valves, and other pipeline components, prevent foreign matter from entering the system. Temporarily cap or plug all open ends at cessation of installation operations. 7. Accomplish changes in pipeline size with reducer fittings. 8. Place all mainlines under paving in Schedule 40 PVC sleeves. Oversize the sleeves a minimum 2 times the diameter of the pipe being sleeved. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-7 D. Plastic Pipeline: 1. Joint plastic pipe with socket type solvent welded fittings, threaded fittings, rubber ring fittings, or by other means specified. Install steel pipe first when plastic pipe is jointed to steel pipe. 2. Cut square, externally chamfer approximately 10-15 degrees, and remove all burrs and fins. 3. Make solvent welded joints in accordance with ASTM D 2855. Use the solvent recommended by the pipe manufacturer. 4. Install plastic pipe in accordance with ASTM D 2774 and the requirements herein. 5. Exercise care in assembling a pipeline with solvent welded joints so that stress on previously made joints is avoided. Handling of the pipe following jointing, such as lowering the assembled pipeline into the trench, shall not occur prior to the set times specified in ASTM D 2855. 6. Apply solvent to pipe ends in such a manner that no material is deposited on the interior surface of the pipe or extruded into the interior of the pipe during jointing. Wipe off excess cement on the exterior of the joint immediately after assembly. 7. Plastic pipes shall not be field threaded. 8. Make threaded joints using Teflon tape or other approved jointing material. Do not use solvent with threaded joints. 9. Protect pipe from tool damage during assembly. Use vises with padded jaws and strap wrenches for installation of fittings and nipples. 10. Remove and replace plastic pipe which has been nicked, scarred or otherwise damaged. 11. Snake plastic pipe from side to side in the trench to allow 1 foot of expansion and contraction per 100-feet of straight run. 12. Do not expose pipelines to water for 24 hours after the last solvent welded joint is made. E. Installation of Valves, Valve Boxes, and Special Equipment: 1. General: Provide and install all valves and other equipment in strict accordance with the details in a normal upright position, a minimum of 6-inches from the edge of curbs, walks, or pavement, in planting areas. Make all equipment readily accessible for operation, maintenance, and replacement. 2. Install valves the same size as the pipeline in which they are installed, unless otherwise indicated. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-8 3. Install gate valves and sectional control valves below ground. House in a covered acceptable box that will permit access for field servicing. Mark covers of shutoff valves "IRRIG. EFFLUENT" and automatic control valve covers "RCV IRRIG. EFFLUENT" in 2-inch cast letters. In addition, with an approved black paint, on the automatic control valve box cover stencil the controller letter and station number 2-inches in height. 4. Quick-coupler valves shall be installed as detailed on the Drawings. Mark valve box cover "Q.C. IRRIG. EFFLUENT" in 2-inch cast letters. 5. Set valve boxes and valve markers to finish grades on a 12-inch deep layer of 1-inch size crushed rock and set valves at sufficient depth to provide clearance between cover and valve handle or key when the valve is in the fully open position. Place crushed rock below the valve. Do not cover the valve with crushed rock. 6. Install valves in planting areas and according to the construction details. Only one valve per box will be allowed. Align valve boxes at right angles to adjacent hardscape whenever possible. Where several valve boxes are located in the same area, arrange them in a uniform and orderly fashion. 7. When grouped together, allow a minimum of 12 inches between valves. F. Irrigation Head Installation and Adjustment: 1. General: Flush and pressure test all mains and laterals, including risers, before installing irrigation heads, after which perform a water coverage test. 2. Location, Elevation, and Spacing: a. Do not exceed the maximum irrigation head spacing shown on the Drawings or recommended by the manufacturer. b. Locate irrigation heads projecting above finish grades at least 6-inches away from adjacent curbs, walks, paving, and similar improvements unless otherwise indicated. 3. Riser Installation: a. Install risers perpendicular to finished grade to obtain optimum coverage of the area. b. All risers shall be prethreaded Schedule 80 PVC unless otherwise indicated (length and diameter as required). c. Provide threaded pipe between the connection to the lateral or main and sprinkler head. 4. Irrigation Head Adjustment: 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-9 a. When all irrigation heads are installed and the irrigation system is operating, adjust and balance each section or unit with all section control valves fully open to obtain uniform and adequate coverage. b. Adjust irrigation heads having adjustable pin nozzles, screws or orifices to provide adequate distribution of water over the coverage pattern. Without additional cost to the CITY, substitute larger or smaller nozzle cores in nonadjustable sprinkler heads as necessary. G. Automatic Control System Installation: 1. General: Install a complete automatic irrigation control system, including the remote control valves and low voltage direct burial wiring, and all necessary accessories. 2. Locate splices only in specified pull boxes and make splices with a packaged kit approved for underground use. Set pull boxes to finish grades on a 12-inch deep layer of 1-inch crushed rock. 3. House control wiring in conduits between the controller and a concrete electrical pull box at the base of the controller. House control wire under all paved areas in Schedule 40 PVC pipe sleeve. All other wiring issuing from the pull box shall be direct burial installed in the main or lateral waterline trenches wherever practicable. 4. Bundle and secure the wiring to the lower quadrant of the irrigation pipeline at 10-foot intervals with plastic electrical tape. Leave sufficient slack in the wiring to provide for expansion and contraction. When control wiring cannot be installed in a pipe trench, install control wiring at least 18 inches below finish grade and install a bright colored plastic ribbon with suitable markings in the trench 6 inches below finish grade directly over the wire. 5. Color code all common wire white, with all control wire any color except white. Leave at least 2-feet of coiled slack at each splice and point of connection inside of valve boxes. 6. Test all wiring for continuity, open circuits and unintentional grounding prior to connection to equipment. 7. Leave the control system in operating condition with an operational chart mounted within the controller cabinet upon completion of the work. 3.3 FLUSHING AND TESTING A. Flushing: After completion of the pipeline system, and prior to the installation of any terminal fittings (including swing joints), thoroughly flush the entire pipeline system to remove dirt, scale, or other material. B. After flushing, conduct the following tests in the sequence listed below. Provide all equipment, materials, and labor necessary to perform the tests. Conduct all tests in the presence of the ENGINEER and the INSPECTOR. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-10 1. Pipeline Pressure Test: Perform a water pressure test on all pressure mains and laterals before any couplings, fittings, valves, etc., are concealed. Cap all open ends after the water is entering the line in such a manner that all air will be expelled. Test pressure mains with all control valves to lateral lines closed. After the pressure main test, open all valves to test lateral lines only (swing joints, spray heads, etc are not included in the pressure test). The constant test pressure and the duration of the test are as follows: a. Mainline pipes shall be pressure tested at 125 psi for six (6) hours b. Lateral pipes shall be pressure tested at 100 psi for two (2) hours Irrigation lines and valves which show evidence of leakage or fail to be watertight shall be repaired or replaced. After all repairs or replacements have been made, the above-required tests shall be performed again. 2. Sprinkler Coverage Test: Perform the coverage test after sprinkler heads have been installed. Demonstrate that each section or unit in the system is balanced to provide uniform and adequate coverage of the areas serviced. Correct any deficiencies. 3. Operational Test: Evaluate the performance of all components of the automatic control system for manual and automatic operation. Make all necessary repairs, replacements, and adjustments until all equipment, electrical work, controls and instrumentation are functioning in accordance with the Contract Documents. 11/19/09 LANDSCAPE IRRIGATION MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LANE Contract No. 6012 02810-11 SECTION 02900 LANDSCAPING PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated in the Drawings as specified herein. B. Landscaping as referred to herein shall include, but not be limited to the following work: soil testing, soil preparation, fertilizers, amendments, weed control, finish grading, root barriers, furnishing and installing plant materials, furnishing and installing bark mulch, cleanup, maintenance, and guarantee. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02810 Landscape Irrigation. 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Comply with the reference specifications of the GENERAL REQUIREMENTS. B. Comply with the SSPWC Section 212-1 and 308-5. 1.4 CONTRACTOR SUBMITTALS A. Submittals shall be made in accordance with the GENERAL REQUIREMENTS. B. General: The CONTRACTOR shall furnish a certificate with each delivery or bulk material delivery, stating source, quantity, and type of material. All materials shall conform to specification requirements. All certificates shall be delivered to the INSPECTOR at the time of each delivery. All bulk delivered materials shall be delivered with level load volume plainly marked on the truck bed. C. Topsoil Report: Topsoil report as well as literature on fertilizers, and mulch, "shall be submitted as specified. D. Certificates of Inspection: Certificates of inspection of plant material, as may be required by Federal, State, or other authorities having jurisdiction, shall be furnished and accompany the shipment. E. Samples: Typical samples, 3 of each variety and size of plants, shall be submitted to the ENGINEER for approval at the site. These samples, if approved, shall be planted and maintained as standards for comparison with plants furnished. F. Certified Report on Topsoil Analysis: The CONTRACTOR shall submit for approval by the ENGINEER a certified report by an approved analytical laboratory showing analyses of representative samples of topsoil proposed for use. The topsoil shall not be delivered to the site until approval is received from the ENGINEER. Approval of the laboratory report does not constitute final acceptance. Topsoil shall be subject to rejection by the 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-1 ENGINEER on or after delivery if it is found not to meet the requirements of the Specifications or does not conform to the laboratory test results. G. Certified Report on Soil Analysis: The CONTRACTOR shall submit for approval by the ENGINEER a certified report by an approved analytical laboratory showing analyses of two representative samples taken from on-site areas approved by the ENGINEER to determine nutrient and mineral content, compositional characteristics, permeability, and existence of possible toxic elements. The Analyses shall include recommendations for amending or correcting soil conditions. Results of the analysis shall be provided to the ENGINEER for approval prior to ordering soil amendments and amending of soil. Based on the soils test results, the quantity and types of amendments may be modified by the ENGINEER. 1.5 QUALITY ASSURANCE A. General: All plants furnished by the CONTRACTOR shall be true to type or name as shown in the Contract Documents and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California; however, determination of plant species or variety will be made by the ENGINEER. B. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the ENGINEER. C. The CONTRACTOR shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that such clearance has been obtained shall be filed with the ENGINEER. D. All inspections herein specified will be made by the ENGINEER or the INSPECTOR. The CONTRACTOR shall request inspection at least 24 hours in advance of the time inspection work is required. Inspection will be required on the following stages of the WORK: 1. During preliminary grading, soil preparation, and initial weeding. 2. When shrubs are spotted for planting, but before planting holes have been excavated. 3. When finish grading has been completed. 4. When all specified work, except the maintenance period, has been completed. 5. Final inspection at the completion of the maintenance period. E. Plants shall be subject to inspection and approval or rejection by the ENGINEER at place of growth and upon delivery to site at any time before or during progress of the work based on: 1. Quantity, quality, size, and variety; 2. Ball and root condition; and 3. Latent defects and injuries resulting from handling, disease, and insects. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-2 F. Plants approved at pre-planting inspection shall still be subject to rejection during planting if found not to be in compliance with the Specifications. G. Rejected plants shall be identified in an obvious manner, removed from the site and replaced with acceptable equals. H. Plants shall have been grown in nurseries which have been inspected by the governing authorities. Inspection of plant materials required by CITY, County, State, or Federal authorities shall be the responsibility of the CONTRACTOR, who shall have secured permits or certificates prior to delivery of plants to site. 1.6 EXISTING UTILITIES AND CONDITIONS A. Prior to cutting into the soil, the CONTRACTOR shall locate all cables, conduits, sewers, septic tanks, and other such underground utilities, and shall take proper precautions not to damage or disturb such improvements. If a conflict exists between such obstacles and the proposed work, the CONTRACTOR shall promptly notify the ENGINEER. B. The CONTRACTOR shall be responsible for coordinating its work with the operation of existing utilities and new utilities on the Project. The CONTRACTOR shall notify the ENGINEER or its representative when utilities which are in operation require shut-off. 1.7 CLEANUP A. Upon completion of all planting operations, the portion of the project site used for work or storage area by the CONTRACTOR shall be cleaned of all debris, superfluous materials, and equipment. All such materials and equipment shall be entirely removed from the project site. Cleaning shall be done in a manner that will not result in any discharge of contaminated materials into any catch basin. B. All walks or pavement shall be swept or washed clean upon completion of WORK. C. During the entire Contract period, plant containers that have been cut or removed from plant materials shall be removed from the project site daily. 1.8 MAINTENANCE OF LANDSCAPING PLANTING PRIOR TO ACCEPTANCE OF PROJECT A. General: The CONTRACTOR shall be responsible for protecting, watering, and maintaining all planting and irrigation systems until final acceptance of all work under the contract. B. Watering: Shrubs shall be thoroughly soaked after planting and provided with additional water at intervals as necessary to provide for good health and growth of the planting. C. Protection: The CONTRACTOR shall provide adequate protection to all newly planted areas, which may include the installation of temporary fences approved by the ENGINEER to prevent trespassing and damage, as well as erosion control, until the end of the one-year correction period. D. The CONTRACTOR shall replace any materials or equipment it has damaged or which has been damaged by its employees or subcontractors. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-3 E. Partial utilization of the project by the CITY shall not relieve the CONTRACTOR of any of the requirements contained in the Contract Documents. F. All plants shall be maintained in a vigorous, thriving condition by watering, cultivating, weeding, pruning, spraying, and other operations necessary. No trees or shrubs will be accepted unless they are healthy and show satisfactory foliage conditions. G. All planted areas shall be cultivated at least every 2 weeks and raked smooth to present a neat appearance and additional mulch shall be added where necessary. H. Maintenance shall include, in addition to the foregoing, cleaning, edging, repairs to stakes, wire, and wrappings, the repair of erosion, and all other necessary work of maintenance. Sidewalks and other paved areas shall be kept clean while planting and maintenance are in progress. I. Any sprinkler lines broken or disrupted by the CONTRACTOR shall be immediately repaired to proper working order, or replaced and be acceptable to the ENGINEER and the INSPECTOR. 1.9 FINAL INSPECTION AND GUARANTEE A. Final inspection of all plantings will be made at conclusion of maintenance. B. Written notice requesting final inspection shall be submitted to the ENGINEER at least 10 days prior to the anticipated inspection date. C. Final acceptance of the work prior to guarantee period of the contract will be accepted upon written approval by the ENGINEER and the INSPECTOR, on the satisfactory completion of all work, including maintenance, but exclusive of the replacement of plant material. D. Any delay in the completion of any item of work in the planting operation which extends the planting into more than one season shall extend the correction period in accordance with the date of completion given above. E. The CONTRACTOR shall replace, as soon as weather conditions permit, all plants not in a vigorous, thriving condition which are noted at the end of the one-year correction period. F. Plants used for replacement shall be of the same size and variety specified in the plant list. Plants shall be furnished, planted, staked, and mulched as specified. G. All work done under this contract shall be left in good order to the satisfaction of the ENGINEER. The CONTRACTOR shall, without an additional expense to the CITY, replace any shrubs, or plant material which develop defects or die during the one-year correction period. 1.10 MAINTENANCE AND GUARANTEE FOLLOWING ACCEPTANCE OF PROJECT A. General: The CONTRACTOR shall be responsible for a period of 120 calendar days after date of acceptance of all work under the Contract, for maintaining all plantings, including all necessary plant replacements, weeding, cultivating, fertilizing, pruning, controlling insects and diseases, re-guying, and performing all other operations incident thereto, as well as maintenance of the irrigation system specified in Section 02810 "Landscape Irrigation". The CONTRACTOR shall provide a written guarantee to the 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-4 CITY from the landscaping subcontractor, embodying the provisions of this Section of the Specifications. CONTRACTOR shall provide a warranty for a period of 1 year after date of acceptance of all work under the Contract for trees planted in 24-inch containers. B. The work covered by the maintenance and guarantee portions of these specifications consists of providing all replacements of plants, labor, materials, equipment, and supplies and in performing all operations in connection with maintenance and guarantees. C. All planting, plant materials, and irrigation systems required under this contract shall be in a condition acceptable to the ENGINEER at the end of the maintenance guarantee period. D. All water required during the maintenance and correction period will be furnished by the property owner. E. The CONTRACTOR shall make any changes or adjustments necessary to the automatic sprinkler system during the maintenance and correction period. F. The CONTRACTOR shall replace any dead or diseased plants during the maintenance and correction period. G. All planting areas shall be fertilized during the maintenance and correction period with 16-6-4 chemical fertilizer. Fertilizer shall be applied per manufacturer's written instructions on bag. Fertilizers applied to planting areas shall be cultivated into the top 2 inches of topsoil. H. The CONTRACTOR shall clean-up and remove unused or waste materials from the site and leave the area in a neat condition, satisfactory to the ENGINEER, whenever it performs work during the maintenance period. I. Final Inspection: The ENGINEER, the INSPECTOR, and CONTRACTOR shall make a final inspection at the end of the one-year correction period. Any plants and materials found defective at time of final inspection shall be replaced within a time agreed upon by both parties. If it is too late in the planting season for replanting, the replacements shall be made during the next planting season even though such planting may run beyond the maintenance and correction period. PART 2 - PRODUCTS 2.1 GENERAL A. All landscaping materials for soil conditioning, weed abatement, or planting shall be first-grade, commercial quality and shall have certificates indicating the source of material, analysis, quantity, or weight attached to each sack or container or provided with each delivery. Delivery certificates shall be given to the ENGINEER as each shipment of material is delivered. A list of the materials used, together with typical certificates of each material, shall be submitted to the ENGINEER prior to the final acceptance of the job. 2.2 TERMINOLOGY AND QUALIFICATIONS A. Plants or plant material having characteristics not conforming to terms as defined will not be accepted. The terms "plant material" or "plants" refer to all vegetation, whether trees, shrubs, ground cover, or herbaceous vegetation. 11/9/09. LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-5 B. Quality refers to structure and form, as evidenced by density and number of canes and branches, compactness, symmetry, and general development without consideration of size or condition. Standard quality indicates the least acceptable quality. Plants shall be typical of the species and variety of good average uniform growth, shall be well formed and uniformly branched, and shall have the minimum number of canes specified, free from irregularities, or shall conform to minimum quality index. Where the number of canes is not specifically stated in describing this grade, the standards of the "Horticultural Standards" as adopted by the American Association of Nurserymen, shall apply. In this case, the number of canes and other factors for the appropriate classification under "quality definition" in the Horticultural Standards shall be the Quality index. Plant material below this standard will be considered "culls" and are not acceptable. Plants shall be nursery grown. C. Specimen means an exceptionally heavy, symmetrical, tightly-knit plant, so trained or favored in its development and appearance as to be outstanding, superior in form, number of branches, compactness, and symmetry. D. Size is the factor controlled by dimensions representing height or spread, or both, without consideration of quality or conditions. For standard quality, a dimension is given for height or container size, or a dimension is given for height as well as container size. E. Height is usually indicated with a tolerance. The smaller dimension is the minimum acceptable. The larger dimension represents the maximum permissible. The average dimension of all plants must equal the average of the tolerance figures shown on each item. F. Condition is the factor controlled by vitality and ability to survive and thrive and be comparable with normal plants of the same species and variety in the vicinity, at the same season of the year. In addition, plants shall be free from physical damage or adverse conditions that would prevent thriving. Conditions also sometimes refer to state of growth, i.e., whether "dormant condition" or "growing condition" and this state shall be comparable to plants of similar species in the vicinity or leaves, formation of buds, and the like. G. Cane means a primary stem which starts from the ground, or close to the ground, at a point not higher than % the height of the plant. H. Caliper shall be taken 12 inches above the finish grade or ground, as a guide, or where a dimension in trunk appears to form the head of the tree. I. Foliage line is maximum dimension in case of specimen plants. It measures from ground to lowest part of body of plant. J. Collected plants shall not be used. 2.3 TOPSOIL A. General: Topsoil shall be designated as Class A (imported), Class B (selected) or Class C (unclassified) as specified herein. The ENGINEER shall determine the suitability of topsoil prior to use, including the Topsoil Analysis provided by the Contractor per Section 1.4 (F). Topsoil shall be transported from source to final position unless stockpiling is specified. B. Class A Topsoil: Class A topsoil shall be from a source outside the limits of the project selected by the CONTRACTOR and in compliance with the requirements specified 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-6 herein. The ENGINEER may make such inspections and perform such tests as deemed necessary to determine that the material meets the requirements. 1. At least 15 days before scheduled use, the proposed topsoil source must be submitted to the ENGINEER for approval. The CONTRACTOR shall submit a written request for approval, accompanied by a written report of a testing agency registered by the State for agricultural soil evaluation which states that the proposed source complies with these specifications. Class A topsoil shall have the same relative composition and structure, a friable sandy loam character, and be free of roots, clods, and stones larger than 1 inch in greatest dimension, pockets of coarse sand, noxious weeds, sticks, brush and other litter. It shall not be infested with nematodes or undesirable insects and plant disease organisms. 2. Class A topsoil shall meet the following additional requirements: a. Gradation Limits: Sand, 50-80 percent, clay 20 percent maximum, and silt, 30 percent maximum. The sand, clay, and silt gradation limits shall be as defined in ASTM D 422. b. Permeability Rate: Not less than 0.5-inches per hour nor more than 2-inches per hour when tested in accordance with ASTM D 2434, California Test 220, or other approved methods. c. Agricultural Stability: The topsoil shall be suitable to sustain the growth of the plants specified. C. Class B Topsoil: Class B topsoil is defined as material which is obtained from sources and in the quantities designated on the plans or in the Specifications and which requires transport to the designated landscape areas. Such designated sources of the Class B topsoil may be within or outside the project limits. The cost of stripping the surface of vegetation and debris at the designated locations and processing of material to a finely divided state, before it is spread, shall be included in the price for hauling and placing. D. Class C Topsoil: Class C topsoil is defined as soil found in place in the designated landscape area, including soil compacted in place as part of the earthwork specified for the project. 2.4 SOIL FERTILIZING AND CONDITIONING MATERIALS A. General: Fertilizing materials shall comply with the applicable requirements of the State Agricultural Code. All fertilizing materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight and manufacturer's guaranteed analysis. Fertilizing material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals or plants. The CONTRACTOR shall furnish a Certificate of Compliance stating that the material meets the specifications. B. Manure: Manure shall be the product of yard fed cattle, free of weed seed, straw, or other inert material, and aged at least 3 months. The manure shall have been processed by grinding and screening and shall be of a consistency that will readily spread with a mechanical spreader. Manures shall be supplied in bulk if the source is approved in advance by the ENGINEER. C. Commercial Fertilizer: Commercial fertilizer shall be a palletized or granular product having a chemical analysis as follows: pre-plant commercial fertilizer shall be granular 12-12-12 (N-P-K); post-plant fertilizer shall be 16-6-4; and planting tablets shall be 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-7 compressed, slow-release fertilizer tablets (20-10-5) in twenty-one (21) gram sizes. Commercial fertilizer shall be free-flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. D. Organic Soil Amendment: Type 1 organic soil amendment shall be used. 1. Type 1 organic soil amendment shall be a ground or processed wood product derived from redwood, fir, or cedar sawdust, or from the bark of fir or pine, treated with a non-toxic agent to absorb water quickly, and shall comply with the following requirements: Grad Sieve -. -{•• 1/4- No. No. . ,, Passing Percentage (Percent) (minimum) 9 8 3 Nitrogen Content (percent dry weighty Redwood Fir Cedar Fir Bark Pine Bark 0.40 - 0.60% 0.56 - 0.84% 0.56 - 0.84% 0.80 - 1 .20% 0.80-1.20% E. Maximum saturation extract conductivity: 6.35 milliohms/inch at 77°F. Wetabilitv When one teaspoon of tap water is applied to 4 cubic-inches (volumetric ratio of 1:15) of the air-dry product, the material shall become completely damp in a period not exceeding 2 minutes. Any wetting agent added shall be guaranteed non-phyto-toxic at the rate used. Mulch: Type 1 mulch shall be used. Mulch shall be packaged in bales or bags unless the ENGINEER approves a bulk source in advance of delivery to the jobsite. 1. Type 1 mulch (ground wood product), shall be shredded cedar, pine, or fir bark or equal commercial product. Typical mulch size shall be three inches by one-half inch (3" x %"). Submit two (2) samples to the Engineer for approval prior to installation. The material shall be free of seeds, debris, and deleterious materials, and shall have a rich brown color when supplied. 2.5 PLANT MATERIALS A. Plants shall meet requirements of the Contract Documents and shall be in accordance with the botanical names and applicable standards of quality, size, condition, and type. They shall be true to name, genera, species, and variety in accordance with reference publications. B. Plant names are defined in "Standardized Plant Names" and "Bailey's Encyclopedia of Horticulture". When a name is not found in either reference, the accepted name used in the nursery trade shall apply. 11/9/09 MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 LANDSCAPING 02900-8 C. Plants shall be marked for identification. Each bundle of plants and at least 25 percent of each species and variety of separate plants in any one shipment shall have legible labels securely attached before delivery to the site. D. All shrubs shall be measured while their branches are in their normal position. Height and spread dimensions specified refer to the main body of the plant and not from branch or root tip to tip. No trees will be accepted with their leaders cut, or so damaged that cutting is necessary. E. All plants shall be symmetrical and shall conform to the size, age, and condition as specified on the plant list shown in the Contract Documents. Exceptions are as follows: 1. Plants larger than specified in the plant list may be used if approved by the ENGINEER, but use of such plants shall not increase the contract price. If the use of larger plants is approved, the spread of roots or ball earth shall be increased in proportion to the size of the plant. Bare root plants furnished in size greater than specified shall be balled and burlapped when required by the ENGINEER. 2. Where caliper or other dimensions of any plant materials are omitted from the Plant List, it shall be understood that such plant materials shall be normal stock for type listed. F. Plants shall be of sound health, vigorous, and free from plant disease and shall be well- branched, shall have full foliage when in leaf, and shall have a healthy well-developed normal root system. Cold storage plants will not be accepted. Plants that are sensitive to shock from elevation change shall be grown at elevations close enough to site to alleviate any plant damage due to such change for at least 2 years. G. Roots or balls of all plants shall be adequately protected at all times from sun and drying winds. H. Plants (indicated to be in marked cans, pots, or other containers on the plant list) shall have been grown in the containers for a minimum of 6 months and a maximum of 2 years. Roots shall fill the containers but show no evidence of being or having been root bound. I. Trees shall have straight trunks and all old abrasions and cuts shall be completely callused over. In no case shall trees be topped before delivery. J. Plants shall have been transplanted or root-pruned at least once in the 2 years. Plants shall not be pruned prior to delivery except as authorized by the ENGINEER. 2.6 STAKING MATERIALS A. Tree stakes shall be a 2-inch diameter, lodge pole pine, ten-foot length, treated with copper nanthanate or pressure treated with chromated copper arsenate, and pointed on one end. B. Tree ties shall be "Twist Brace" model TB-24 by V.I.T., or approved equal, commercially manufactured round metal rods encased in U.V resistant vinyl tubing with nail bracket attachment. 2.7 ROOT CONTROL BARRIER 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-9 A. Root barriers shall be a root control system consisting of 24" height, black, molded, modular panels, using 50% recycled polyethylene plastic with ultraviolet inhibitors. Each panel shall have .085-inch thickness and vertical, 90 degree root deflecting ribs, protruding %-inch in height. The ribs shall have a minimum thickness of .085-inch and placed six-inches (6") apart. There shall be an integrated, self-interlocking joining system. The root barrier shall conform to the following specifications: Properties ASTM Test Typical Tensile strength, @ yield D638 4,100 to 4,300 P.S.I. Elongation at break D638 40% Tensile modules of elasticity D638 150,000 P.S.I. Cantilever beam D747 125,000 P.S.I. Tensile impact D1822 50 ft. Ibs./in2 Crack resistance D1693 1 Hour Hardness shore D2240 68 Root barrier shall be model CP24-2 with 90 degree root deflecting ribs with self- interlocking connection or approved equal. Manufacturer: Century Products 1401 North Kramer, Suite B Anaheim, CA 92806 (714)632-7083 PART 3 - EXECUTION 3.1 GENERAL A. The landscape work shall not be performed at any time when it may be subject to damage by climatic conditions. B. The CONTRACTOR shall carefully scale or otherwise verify all dimensions in the Contract Documents. Any discrepancies or inconsistencies discovered on the plans shall be brought to the attention of the ENGINEER. Dimensions and plant locations shown shall be coordinated with the ENGINEER and final location shall be site-oriented by the planter and the ENGINEER. C. In case of conflict between the plant list totals and total plant count of the Contract Documents, the CONTRACTOR shall provide the higher number of plants. D. Delivery of materials may begin only after samples and tests have been accepted by the ENGINEER. All materials furnished for the work shall be not less than the accepted sample. E. Substitutions for the indicated plant materials may be permitted pursuant to the Contract Documents. F. The CONTRACTOR shall provide temporary fencing, barricades, covering, or other protections to preserve existing landscaping items indicated to remain and to protect the adjacent properties and other structures when they may be damaged by the landscape work. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-10 G. The CONTRACTOR shall retain the services of a tree surgeon, if applicable, that is acceptable to the ENGINEER to repair unforeseen damage to existing trees that were to be protected-ion-place. Existing trees which are to be saved and which cannot be restored to full growth, as determined by tree surgeon, shall be removed and replaced with a new similar tree of 24-inch box size of the same species. H. The CONTRACTOR shall remove and/or relocate landscape items such as trees, shrubs, grass, other vegetation, improvements, and obstructions as shown on Drawings or otherwise specified. I. Waste materials shall be removed from the work area, and disposed of at a designated landfill unless otherwise noted. J. It shall be the responsibility of the CONTRACTOR to avail itself of any information regarding utilities which are in the area of work and to prevent damage to the same. The CONTRACTOR shall provide protection to the utilities as necessary. K. Burning of combustible materials on the site shall not be permitted. L. The CONTRACTOR shall provide protection to structures, sidewalks, pavements, and other facilities in areas of work which are subject to damage during landscape work. Open excavations shall be provided with barricades and warning lights which conform to the requirements of governing authorities and the State's OSHA safety requirements. M. Planting areas include all areas to be landscaped unless specified or shown otherwise. 3.2 SOIL PREPARATION A. The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, recompacted, and refinished to finish grades, to the ENGINEER'S approval. B. Areas requiring grading by the landscaper including adjacent transition areas shall be uniformly level or sloping between finish elevations to within 0.10-ft above or below required finish elevations. C. The landscape work shall not proceed until after walks, curbs, pavings, edging, and irrigation systems are in place. The contract operations shall be completed to a point where the landscape areas will not be disturbed. The subgrade shall be cleaned free of all waste. D. During grading, waste materials in the planting areas such as weeds, rocks (2-inches and larger) building materials, rubble, wires, cans, glass, lumber, sticks, etc., shall be removed from the site. Weeds shall be dug out by the roots. E. Fertilizers, additives, seed, peat, etc., subject to moisture damage shall be kept in a weatherproof storage place in such a manner that they will be kept dry. F. After removal of waste materials, the planting area subgrade shall be scarified and pulverized to a depth of not less than 6 inches and all surface irregularities below the cover of topsoil removed. G. Finish grading shall consist of: 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-11 1. Final contouring of the planting areas. 2. Placing all soil additives and fertilizers at the following rates: (The soils amendments below shall be used for bidding purposes only. Actual types and quantities may be altered based on the soil analysis) The conditioning material per 1000 square feet shall be: a) Four (4) cubic yards organic amendment b) Twenty (20) Ibs. gypsum c) Twenty-five (25) Ibs. 12-12-12 pre-plant fertilizer d) Ten (10) Ibs. iron sulfate e) Ten (10) Ibs. soil sulfur 3. Tilling of planting areas. 4 After tilling, bring areas to uniform grades by floating and/or hand raking. 5 Making minor adjustment of finish grades as directed by the ENGINEER. 6 Removing waste materials such as stones, roots, or other undesirable foreign material and raking, disking, dragging, and smoothing soil ready for planting. 7. After the irrigation installation and before the planting installation, the Contractor shall irrigate the planting areas a minimum of seven (7) times over fourteen (14) days to germinate existing weed seeds. Allow weed seeds to grow until they reach a maximum height of two to three inches. A post-emergent herbicide spray material shall then be applied per the manufacturer's specifications and instructions. The sequence of operations shall be approved by the ENGINEER prior to beginning spraying operations. Before applying any chemical spray material, the Contractor shall obtain from the Resident Engineer written approval of the material to be used, the rate, and method of application. Any weed growth, which subsequently appears, shall be killed by additional spraying before the weeds exceed two-inches (2") in height. At the time of planting, each area to be planted shall be free of living weeds of any height. The Contractor shall immediately remove and dispose of mowed weed growth and all other debris generated by clearing and grubbing when so directed by the Resident Engineer. The Contractor shall allow sufficient time in the construction schedule to perform weed eradication without causing construction delays. Any delays due to weed eradication shall be at the Contractor's expense. H. Any unusual subsoil condition that will require special treatment shall be reported to the ENGINEER. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-12 I. Surface drainage shall be provided as shown by molding the surfaces to facilitate the natural run-off of water. Low spots and pockets shall be filled with topsoil and graded to drain properly. J Finish grade of all planting areas shall be 1%-inches below finish grades of adjacent pavement of any kind. K In all shrub planting areas, 11/4-inches of peat moss or soil-aid shall be raked into the top 3-inches of soil. 3.3 ROOT CONTROL BARRIER A. Materials shall be delivered, stored, and handled in accordance the manufacturer's instructions. Avoid prolonged exposure to direct sunlight and high temperatures. Material exposed to direct sunlight for more than one week shall be rejected and replaced. Install as soon as possible after opening container. B. Install root barrier against edge of all paving adjacent to planting areas that contain trees. A minimum four-inch (4") wide trench shall be excavated to the depth of the root barrier. Insert barrier to bottom of trench. To permit backfilling, tape, wire, or pin the barrier against the trench wall. The barrier shall be laid in a continuous barrier without gaps. Splices shall be made tight and permanent using the manufacturer's locking strips. Avoid collapsing or distorting the barrier when backfilling. Cutting shall be accomplished using a sharp knife. 3.4 DELIVERY, STORAGE, AND HANDLING OF PLANT MATERIALS A. No plants other than the required samples shall be dug or delivered to the site until the required inspections have been made and the plant samples are approved. B. Plants shall not be pruned prior to delivery except upon approval by the ENGINEER. C. Plant material shall be planted on the day of delivery if possible. The CONTRACTOR shall protect the stock in a temporary nursery at the project site where it shall be protected from sun and drying winds and shall be shaded, kept moist, and protected with damp soil, moss, or other acceptable material. Plants shall be planted within 2 days after delivery. D. All balled and burlapped plants which cannot be planted immediately on delivery shall be set on the ground and shall be well protected with soil, wet moss, or other acceptable material. Bare rooted plants, which cannot be planted immediately, shall be planted on heeled-in trenches immediately upon delivery. No material heeled-in more than one week may be used. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots. E. During planting operations, bare roots shall be covered with canvas, wet straw, or other suitable materials. No plants shall be bound with wire or rope at any time so as to damage the bark or break branches. F. Plants shall not be picked up or moved by stem or branches, but shall be lifted and handled from the sides of the containers. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-13 G. Plants shall be lifted and handled from the bottom of the ball or container. Plants with balls cracked or broken before or during planting operations will not be accepted and shall be immediately removed from the site. 3.5 PLANT LOCATIONS A. Plant pits, centered on location stakes, shall be excavated circular pits with vertical sides and flat or saucer shape bottom in accordance with the following sizes unless shown otherwise: 1. Shrubs shall be planted in pits or holes of soil 24-inches deep below finished grade, or as much deeper as necessary to properly set the plant at finished grade with a minimum of 6 inches of planting soil under balls of all plants. Shrubs with balls shall be planted in pits that are at least 24-inches greater in diameter than the bottom of ball. 3.6 PREPARED BACKFILL A. Shrub pit backfilling soil shall consist of 4 parts topsoil, and 1 part peat or soil-aid by volume. Commercial fertilizer shall be sparingly mixed with the prepared topsoil, using 5 Ib/cu yd or as required by manufacturer's printed recommendations. B. Planting pit, bin, and trench filling and bedding soil shall consist of 4 parts by volume topsoil mixed with 1 part manure and 5 Ib of commercial fertilizer per cubic yard. C. Materials shall be thoroughly rotary-mixed on the site before placement. Mixing of materials in pits, bins, trenches or beds will not be permitted. D. Tree and shrub pits shall be provided with fertilizer tablets as follows: 1 per one-gallon can plant 3 per 5-gallon can plant 5 per 15-gallon can plant 3.7 ROCKS OR UNDERGROUND OBSTRUCTIONS A. In the event that rock or underground obstructions are encountered in the excavation of plant pits, alternative locations shall be selected by the ENGINEER. Moving of trees to alternative locations shall not entail additional costs to the CITY. 3.8 SETTING PLANT MATERIALS A. The soil shall not be worked when the moisture content is so great that excessive compaction will occur, nor when it is so dry that a dust wifl form in the air or that clods will not break readily. Water shall be applied if necessary to provide ideal moisture for filling and planting as specified. B. Plants shall be set in center of pits as shown in the Contract Documents. They shall be set plumb and straight, and at such a level that after settlement the crown of the plant will be 2-inches above the finished grade. C. All ground cover plants shall be evenly spaced, staggered in rows, and set at intervals specified, so as to produce a uniform effect. Plants shall be watered immediately after planting operations have been completed. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-14 D. All shrubs shall be pruned to remove damaged branches. All bare root shrubs shall be pruned and shaped to compensate for transplant root loss. E. Planting soil around roots or balls shall be thoroughly compacted and watered. After planting, the soil in the shrub beds shall be cultivated between shrubs, raked smooth, and neatly outlined. Muddy soil shall not be used for backfilling. All broken or frayed roots shall be properly cut off. F Shrubs on slopes steeper than 6 to 1 shall be provided with watering dams or berms at least 6-inches high and 8-inches wider than planting pit (hole) unless specified or shown otherwise. G All shrubs shall be thoroughly watered immediately after planting. H. Remove all tags and labels when directed by ENGINEER. 3.9 STAKING A. Staking of trees shall be done immediately after they are planted. Plants shall stand plumb after staking. Staking shall be as specified unless shown or indicated otherwise. B. Trees less shall be supported by 2 stakes placed diametrically opposite at perimeter line of ball and to sufficient depth to hold tree rigid. Stakes shall be driven vertically and not twisted or pulled. 3.10 PRUNING AND MULCHING A. Each shrub shall be pruned in accordance with standard horticultural practice to preserve the natural character of the plant in the manner fitting its use in the landscape design, as approved by the ENGINEER. B Plants shall be mulched after planting and cultivating have been completed. A layer of mulch materials, as hereinbefore specified, shall be spread on finished landscaping grade within all planting areas to a depth of 3 inches. The mulch around isolated plants shall be 6 inches greater in diameter than the planting hole. All shrub and ground cover beds shall be completely covered with the mulch. 11/9/09 LANDSCAPING MELROSE DRIVE AND PALOMAR AIRPORT ROAD RIGHT TURN LAN Contract No. 6012 02900-15 APPENDIX A Tier 2 Construction SWPPP Template Tier 2 Construction SWPPP Template Construction SWPPP Standards and Requirements Rev 6/4/2008 Tier 2 Construction SWPPP Preparation Template This document has been prepared to identify the various components that make up a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP). A complete Tier 2 Construction SWPPP is composed of the following components: 1. A^setcfstorm water pollution plan drawings meeting all the requirements of the \- Construcfloti-SW_Pr^PChecklist items as contained in the Tier 2 Construction SWPPP Review Che^kTisT^rJsehed^s^grjendix G to Section 3 (Construction SWPPP Standards and Requirements) in thrTTry'Ttlt n in Wntrr Stnnrlnrrh Mnnnnl 2. A completed and signed Storm Water Compliance Form for a Tier 2 Construction SWPPP as contained in Appendix B to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 3. A completed and signed Tier 2 Construction SWPPP Site Assessment Form (attached) 4. All supporting documentation, studies and reports as required to comply with the Municipal Permit and City Standards including any needed hydrology and hydraulic calculations, soils and geotechnical reports, spill prevention plan and manufacturers information and other data needed to clarify and support of the proposed storm water pollution prevention plan. Included with this template is a Tier 2 Construction SWPPP Required Elements Checklist that should be used by the qualified Construction SWPPP preparer during the preparation of the plan to ensure that all required elements are included into the plan. Tier 2 Construction SWPPP Preparation Template 3/24/08 Storm Water Compliance Form For a Tier 2 Construction SWPPP I am applying to the City of Carlsbad for one or more the following type of construction permit(s): ^ Grading Permit D Building Permit D Right-of-Way Permit *- , £xecutec} don-jrcid- will be-toe <^wdiog -parrxnf . My project does not meet any of the following criteria for a project thai poses a significant threat to storm water quality: s My project does not include clearing, grading or other ground disturbances resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, s My project is not part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, S My project is not located inside or within 200 feet of an environmentally sensitive area and will not have a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). My project requires preparation and approval of a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP) because my project meets one or more of the following criteria demonstrating that the project potentially poses a moderate threat to storm water quality: Q My project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 .of the Carlsbad Municipal Code); and/or, ~*$^ My Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and, my project meets one or more of the following additional criteria: • Project is located within 200 feet of an environmentally sensitive area or the Pacific Ocean; • Project's disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; • Project's disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • Project will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 2 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF CITY STANDARDS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST ADHERE TO, AND AT ALL TIMES, COMPLY WITH THE CITY APPROVED TIER 2 CONSTRUCTION SWPPP THROUGHTOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. Owner/Owner's Authorized Agent Information and Signature Box . This Box for City Use Only Address/Location: Assessor Parcel Number(s): Ou '8v i/~i >_ • ,»L_ ;^ ^J A. .....I M^i.^.-. Micf/Owimi's Authorized Agent Signature: Title: ' Date: City Concurrence: Yess No By: Date: Project ID: Construction SWPPP Standards and Requirements Rev 6/4/2008 Tier 2 Construction SWPPP Site Assessment Form Project ID: Project Information: Project Name: Project Address/Location; Responsible Parties/Contact Information: Name of Preparer: Qualification of Preparer (Registration/Certification): Address: City/State/Zip Code: Phone Number: Name of Owner/Owner's Address: City/State/Zip Code: Phone Number: Agent: Name of Emergency Contact: (during construction) Address: City/State/Zip Code: Phone Number: Pagel of 10 Tier 2 Site Assessment Form 3/24/08 Site and Construction Activity Description: Construction Start Date: If work begins in rainy season or scheduled can be altered to avoid season: End Date: extends into rainy season, explain how project work can be rainy season impacts or to lessen exposure of site during rainy Grading Quantities: Cut: CY; Fill: CY; Import: CY; Export: CY Any Stockpile Proposed? If yes, then estimate quantity: CY Estimated duration of stockpile: Months Soils types: Does site contain a preponderance of soils with USDA-NRCS erosion factor kf greater than or equal to 0.4? Is a staging area proposed (yes/no)? If yes, then where is it located? Is concrete washout required (yes/no)? Where is it located? Any existing site contamination (yes/no)? Where is it located? Any vehicle storage, maintenance or fueling area proposed (yes/no)? Where is it located? Any de-watering operation proposed (yes/no)? Where is it located? Any other special operations proposed that may impair water quality (yes/no)? What and where? Page2of 10 Tier 2 Site Assessment Form 3/24/08 Watershed Basin project drains to: D Buena Vista Lagoon D Agua Hedionda Lagoon D Encinas Creek D Batiquitos Lagoon D Pacific Ocean Is project drainage tributary to a CWA section 303(d) listed water body impaired for sediment (includes Buena Vista and Agua Hedionda Lagoons) (yes/no): If yes, describe additional controls that will be used on project site to mitigate for sediment impairments (if any): Is project inside or within 200 feet of an Environmentally Sensitive Area (yes/no): If yes, describe additional controls that will be used on project site to mitigate for potential storm water impacts (if any): Are any agency permits required (yes/no)? Check off permit types required: D Army Corps 404 permit D Regional Board Water Quality 401 Certification D Coastal Commission Certification D U.S. Fish and Wildlife Section 7 D Fish and Game Stream Alteration Agreement D Other list: Page3of 10 Tier 2 Site Assessment Form 3/24/08 List materials that will be used on construction site and their handling and storage requirements Material If any toxic or hazardo spill prevention plan r< If yes, attach spill pre\ Characteristics/Toxicity Handling requirements us materials are proposed, then a spill prevention plan is required. Is a squired (yes/no)? rention plan. Perceived Threat to Storm Water Quality rating: Using the Construction Threat Assessment Worksheet (attached as Appendix C to Section 3 (Construction SWPPP Standards and Requirements) of the City Storm Water Standards Manual, determine the projects Perceived Threat to Storm Water Quality rating. The Construction Threat to Storm Water Quality rating for this project is: D High D Medium Signature of Plan Preparer: Signature:Date: Print Name:Title: Attachments: Q Storm Water Compliance Form - Tier 2 Q Spill Prevention Plan Q Hydrology and/or hydraulic study Q Solis and/or geotechnical report(s) Q Other. List: Page4of 10 Tier 2 Site Assessment Form 3/24/08 BMP Selection: The following tables are provided to help identify and select appropriate site specific BMPs for the proposed project. Review the list of potential site construction activities and site conditions described along the left hand column of each sheet. Then, for each activity or site condition that is included in the proposed project, pick one or more of the BMPs described at the top of the form and place an X(s) in the box(es) that form(s) an intersection between the activity/site condition row and BMP column(s). All structural (physical facility) BMP's should be shown on the site plan in the Construction SWPPP drawing set. Any proposed no-structural BMP should be noted in the Special Notes on the Construction SWPPP drawing set. PageS of 10 Tier 2 Site Assessment Form 3/24/08 BMP Description -> CASQA Designation -> Construction Activity or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring Conduit/Pipe Installation Substructure/Pad Installation Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Erosion Control BMPs Scheduling6 LU Preservation ofExisting VegetationCXI 6LU Hydraulic MulchCO 6 LU Hydroseedingto LLJ Soil Bindersup 6 LU o3 2 to <J5 co 6 LU Geotextiles & Matsh- 6 LU Wood MulchingCO 6LU Earth Dikes andDrainage Swaleso> 6 LU Velocity Dissipation0 6 LU CO SQ Q)Q.0 W 1 O LU StreambankStabilizationCN 601 PolyacrylamideCO 6 LU Wind Erosion BMPs Wind Erosion ControlLU § Page6of 10 Tier 2 Site Assessment Form 3/24/08 BMP Description -> CASQA Designation -> Construction Activity Or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring Conduit/Pipe Installation Substructure/Pad Installation Paving Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Sediment Control BMPs §CDU. •4-J to LU CO Sediment BasinCN UJ CO Sediment TrapCO LLJ CO E 03 Q .*oCD6 Tatco _CO "5K.t,CD.a LL in LLJ CO E a3m D) 03m "aj 10 CD LLJ CO Street Sweeping andVacuumingh|- LLJ CO Sandbag Barrierop LLlco .0 03 CO CD 03m 5-*-« CO o> LLl CO Storm Drain InletProtectiono LLJ CO Chemical TreatmentLJU CO Page? of 10 Tier 2 Site Assessment Form 3/24/08 BMP Description -> CASQA Designation -> Construction Activity V Site Access point(s) Staging area access point(s) Maintenance access roads to BMPs Other (list): Tracking Control BMPs co 1 1 to o £ "StyN to 15 2CO Q) CO.E Y— o: o'o to oO It, % .N g 1"5 0CO C£ CN Qi 1- £i- (O o> D) LLJ to 2 "wro ro - > COo:i- Page8of 10 Tier 2 Site Assessment Form 3/24/08 BMP Description -^ CASQA Designation ^ Construction Activity & Site Conditions Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector Installation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Other (list): Non-Storm Water Management BMPs Water Conservation PracticesT— COz Dewatering OperationsCN co2 Paving and Grinding Operations°?coz Temporary Stream CrossingTco•z.Clear Water Diversionu> CO Illicit Connection/DischargeCD COz Potable Water/IrrigationN- coz Vehicle and Equipment Cleaningco COz Vehicle and Equipment FuelingO5 COz Vehicle and Equipment Maintenanceo COz Pile Driving OperationsT- coz Concrete CuringCM COz Concrete FinishingCO COz Material and Equipment UseTJ- COz Demolition Adjacent to WaterIO COz Temporary Batch PlantsCD COz Page9of 10 Tier 2 Site Assessment Form 3/24/08 BMP Description -> CASQA Designation -> Construction Activity And Site Conditions Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector Installation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Temporary porta-potties Other (list): Waste Management and Materials Pollution Control BMPs Material Delivery and Storagei 1 Material UseCM 5 Stockpile ManagementCO 2 Spill Prevention and Control•* 2 §Solid Waste Managementm 2 §Hazardous Waste ManagementCD 2 Contaminated Soil ManagementIY 2 Concrete Waste Managementop 2 Sanitary/ Septic Waste ManagementO5 i Liquid Waste Managementoi2 PagelOof 10 Tier 2 Site Assessment Form 3/24/08 Tier 2 Construction SWPPP Required Elements Checklist Required Elements Construction SWPPP Drawing Set 1 . Standard Storm Water Pollution Prevention Notes A. General Site Management Requirements Notes B. Rainy Season Site Management Requirements Notes C. Erosion Control Hydroseeding, Planting and Irrigation Notes D. Special site specific notes 2. City SWMP identification number affixed for high priority projects 3. Construction Threat to Storm Water Quality rating (high or medium inspection frequency required?) 4. Regional Water Board WDID Number shall be affixed for small linear utility projects as appropriate 5. Project Location 6. Legend 7. Description of work A. Quantities (cut, fill, import, export) B. Area of disturbance C. Site conditions description 1) Soils type 8. Benchmark Information 9. Preparer's signature and seal as appropriate 10. City title block 1 1 . Emergency contact name, company and phone number 12. Water shed project drains to listed 13. Site Plan A. Existing topographic and cultural features of site and immediate vicinity as appropriate B. Scale and north arrow C. Project boundary and property lines D. Proposed grading contours and slopes clearly shown Required for Project N/& N/A N/A 6UEETa. Preparer Verification ^/A N/4 ri/A sneer 3 Page 1 of2 Tier 2 Required Elements Checklist 3/24/08 E. Staging areas, equipment storage, refueling, stockpiling and maintenance areas identified F. Storm drain inlets, open channels and natural drainages and watercourses that flow onto or drain off of the project site clearly delineated G. Potential source points of pollutants (fueling locations, waste container areas, wash racks, hazardous materials storage, etc) H. Site access locations I. Proposed BMPs - location and description 1) Perimeter controls 2) Erosion controls 3) Sediment controls 4) Tracking controls 5) Non-storm water management controls 6) Waste management and materials pollution controls 7) Additional controls (as needed) 8) Advanced treatment methods (as needed) J. Toxic or hazardous material contamination or spill areas K. Existing site BMP installations 14.BMP detail drawings as needed Construction SWPPP Supplemental Documentation 1. 2. 3. 4. Storm Water Compliance Form for a Tier 2 Construction SWPPP completed and signed Tier 2 Site Assessment Form completed and signed Hydrology and hydraulic calculations (as needed for sediment basins and sizing of drainage swales to handle drainage during construction Soils report (as needed when proposed BMP installation may affect ground water, slope stability or other geotechnical site condition) W/A N/A N/A N/A Page 2 of 2 Tier 2 Required Elements Checklist 3/24/08