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Palm Engineering Construction Company Inc; 2011-10-05; PWS12-03TRAN
c CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND C TECHNICAL SPECIFICATIONS x»" FOR BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 BID NO. PWS12-03TRANr\ f\ 'M' Revised 06/10/09 Beach Access Improvements Page 1 of 102 Pages Contract No. 3896 TABLE OF CONTENTS Item Page •Bw-Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation Of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 20 Bidder's Statement of Technical Ability and Experience 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 22 Bidder's Statement Re Debarment 23 Bidder's Disclosure of Discipline Record 24 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 26 Contract Public Works 27 Labor and Materials Bond 33 Faithful Performance/Warranty Bond 35 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 37 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 40 1-2 Definitions 40 1-3 Abbreviations ...., 44 1-4 Units of Measure 47 1-5 Symbols 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts 48 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 ^, 2-6 Work to be Done 54 2-7 Subsurface Data 54 ••***•" 2-8 Right-of-Way 54 Revised 06/10/09 Beach Access Improvements Page 2 of 102 Pages Contract No. 3896 2-9 Surveying .............................................................................................................. 54 2-10 Authority of Board and Engineer ........................................................................... 55 2-11 Inspection .............................................................................................................. 55 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ................................................................ 55 3-2 Changes Initiated by the Agency .......................................................................... 56 3-3 Extra Work ................................................. . .......................................................... 58 3-4 Changed Conditions ............................................................................................. 60 3-5 Disputed Work ...................................................................................................... 61 Section 4 Control of Materials 4-1 Materials and Workmanship ................................................................................. 64 4-2 Materials Transportation, Handling and Storage .................................................. 68 Section 5 Utilities 5-1 Location ................................................................................................................. 68 5-2 Protection .............................................................................................................. 69 5-3 Removal ................................................ ................................................................ 69 5-4 Relocation ............................................................................................................. 69 5-5 Delays ................................................................................................................... 70 5-6 Cooperation ............................. .............................................................................. 71 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ......................................... 71 6-2 Prosecution of Work ............................................................................................. 72 6-3 Suspension of Work... ........................................................................................... 72 6-4 Default by Contractor ............................................................................................ 73 6-5 Termination of Contract ........................................................................................ 73 6-6 Delays and Extensions of Time ............................................................................ 73 6-7 Time of Completion ............................................................................................... 74 6-8 Completion, Acceptance, and Warranty ............................................................... 75 6-9 Liquidated Damages ............................................................................................. 76 6-10 Use of Improvement During Construction ............................................................ 76 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities .................................................................. 76 7-2 Labor ..................................................................................................................... 76 7-3 Liability Insurance ................................................................................................. 77 7-4 Workers' Compensation Insurance ...................................................................... 77 7-5 Permits .................................................................................................................. 78 7-6 The Contractor's Representative .......................................................................... 78 7-7 Cooperation and Collateral Work ......................................................................... 78 7-8 Project Site Maintenance ...................................................................................... 79 7-9 Protection and Restoration of Existing Improvements ................. . ....................... 80 7-10 Public Convenience and Safety ............................................................................ 81 7-11 Patent Fees or Royalties ....................................................................................... 86 7-12 Advertising ............................................................................................................ 86 7-13 Laws to be Observed ............................................................................................ 87 7-14 Antitrust Claims ..................................................................................................... 87 Section 8 Facilities for Agency Personnel - Not Used. Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ................................................... 87 9-2 Lump Sum Work ................................................................................................... 88 9-3 Payment ................................................................................................................ 88 Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 3 of 102 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 91 Section 201 Concrete, Mortar and Related Materials 201-1.2 Materials 92 Part 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 93 300-2 Unclassified Excavation 93 300-4 Unclassified Fill 95 300-9 Geotextiles for Erosion Control and Water Pollution Control 96 300-11 Stoneworkfor Erosion Control 97 300-13 Stormwater Pollution prevention Plan 97 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation 100 TECHNICAL SPECIFICATIONS Shallow Cosmetic Concrete Repair 101 Concrete Repair to Rebar 101 Post Corner Concrete Repair 102 Post Corner Concrete Repair and Replace Bottom of Post 102 Adhesive Anchor Embedment 102 Section 03730 Concrete Rehabilitation (SikaTop 111 Plus) Section 03730 Concrete Rehabilitation (SikaTop 122 Plus) Section 03730 Concrete Rehab (SikaTop 123 Plus) Section 09870 Coating Systems for Steel (Sika Armtec 110 EpoCem) Sika Armatec 110 EpoCem Corrosion inhibiting primer for rebar Sikadur 32, Hi-Mod Sikadur Anchor Fix-2 SikaTop123Plus SikaRepair SHA SikaRepair SHB SikaLatex R Plans and Drawings Bonding agent for bonding new concrete to existing concrete and epoxy grout for handrail post embedment Rebar dowelling adhesive Concrete repair Shallow cosmetic concrete repair Shallow cosmetic concrete repair Shallow cosmetic concrete repair Appendix A -*«»«,„,.•• Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 4 of 102 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON SEPTEMBER 13, 2011, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: extend the existing concrete stairs and handrail, and replace the existing concrete storm drain outlet structure. BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 BID NO. PWS12-03TRAN 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 Transportation Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, 2009 Edition, 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. 0Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 5 of 102 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $55,000. 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 (General Engineering). ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $10 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 06/10/09 Beach Access Improvements Page 6 of 102 Pages Contract No. 3896 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; however, bidders are encouraged to visit the site which is at the public beach at the west end of Carlsbad Village Drive at Ocean Street. Contractors will access the site from Pine Avenue, two blocks South. (See location map in Appendix A of the bid documents). UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Revised 06/10/09 Beach Access Improvements Page 7 of 102 Pages Contract No. 3896 BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. August3, 2011 Date Deputy City Clerk Revised 06/10/09 Beach Access Improvements Page 8 of 102 Pages Contract No. 3896 CITY OF CARLSBAD BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3896 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description 1 Clearing and grubbing, grading, removal and disposal of existing concrete, rebar, soil, sand, debris, rip rap, and vegetation at fiv/i tftougavw Dollars (Lump Sum) Nose/tread concrete repair to rebar at concr\™ Approximate Quantity and Unit Unit Price ILS s 5,000 Total $ S.OOQ 5LF 2,OOO Dollars per Linear Foot Nose/tread shallow cosmetic crete repair at 8LF 2.MOO Dollars per Linear Foot 4 Post Corner concrete repair 12 Each MOO ,£00 Dollars Each Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 9 of 102 Pages item No. 5 Description Post Corner concrete repair and replace bottom of steel Jiandrail at Approximate Quantity and Unit 5 Each $ Unit Price SCO Dollars Each Extend PCC stairs and handrail per plans atSix wcsavvoy Dollars (Lump Sum) Replace concrete storm drain outlet box and outfall table at. Dollars (Lump Sum) Two to three foot diameter rip-rap over filter fabric at Dollars per Square Foot SWPPP preparation and implementation at— ' *• * <*"*Two Dollars (Lump Sum) 1LS $ lo.OOO ILS sKOOO 24 SF $ 2.0 1LS $ Z.OOLO Total $ 2,ODD . OQO $ HtOQQ $ 2,000 Total amount of bid in words forBid Schedule: Th\hundv^d ^Vrh doUs -9-0*0 \\\\H On ^—/ Q.QTotal amount of bid in numbers for Bid Schedule: $ on . Price(s) given above are firm for 90 days after date of bid opening Addendum(a) No(s)._] proposal. Revised 06/10/09 has/have been received and is/are included in this [ OPENED, WITNESSED AND I DATE Beach Access Improvements Contract No. 3896 Page 10 of 102 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number <&5&C^>C) , classification A ^> ,0" ~2. "i which expires on 'X|'2<£) \i'S> , 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. bid JCash, Certified Check, Bond orAccompanying this proposal is 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 Beach Access Improvements Contract No. 3896 Page 11 of 102 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business I OQ(D *~^~ City and State Zip Code °i 2~ \ \ \ ^Jeephone No. . if^p. O (4) (5) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted *^l/*' rr. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Revised 06/10/09 Beach Access Improvements Contract No. 3898 Page 12 of 102 Pages IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted vO\\nf\ rlY^CA • (2). (Signature) (Title) (3) Incorporated under the laws of the State of (4) Place of Business City and State QC\Y\ Impress Corporate Seal here n\q Qrf fefE^eJand Number) ^X (5) Zip Code °\^\\\Telephone No. -rr . NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 13 of 102 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Die9° On September 13, 2011 before me, Krystyna Patrick, Notary Public personally appeared Rasoul Shahbazi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name^i^afe subscribed to the within instrument and acknowledged to me that (@kfee/feey executed the same in msYher/their authorized capacity(ies)7 and that by(nis|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. NMVSTVNAMifWCK | CommlMlon No. 11418* NOTARY PUMJC-CAUraMNM MAN 0*00 COUNTY ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) 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 property 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 that is illegal for a notary in California (i.e. 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 signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his 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 signer(s) who personally appear at the time of notarization. « Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text 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. ••' Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• 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.corn Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs *• Contractors State License Board Contractor's License Detail - License # 853930 cJLi DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding: 853930 Extract Date: 9/13/2011 PALM ENGINEERING CONSTRUCTION COMPANY INC 7330 OPPORTUNITY ROAD STE J SAN DIEGO, CA 92111 Business Phone Number:(619) 291-1945 Corporation 02/01/2005 02/28/2013 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number SC6340104 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) SHAHBAZI - DASTJERDI RASOUL certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 06/05/2007 BQI's Bonding History https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=85... 9/13/2011 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with the BENCHMARK INSURANCE COMPANY Policy Number:CST5001186 Workers' Compensation: Effective Date: 11/01/2010 Expire Date: 11/01/2011 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses 24 Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=85... 9/13/2011 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 06/10/09 Beach Access Improvements Page 14 of 102 Pages Contract No. 3896 BID SECURITY FORM (Check to Accompany Bid) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of . dollars ($_J, 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 Beach Access Improvements Contract No. 3896 Page 15 of 102 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 KNOW ALL PERSONS BY THESE PRESENTS: PALM ENGINEERING U.S. SPECIALTY That we, CONSTRUCTION COMPANY, INC. . as Principal, and 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) Q^EATE^AMOUNT DID for which payment, well and truly made, we bind ourselves, our^elrs, 'eiecufors "and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for; BEACH ACCESS IMPROVEMENTS CONTRACT NO, 3896 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Revised 06/10/09 Beach Access Improvements Page 16 of 102 Pages Contract No. 3896 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 jj^XXXXXSHXSXNSSNSSV^^^ State of California I County of SAN DIEGOt ] 1 On 9/12/2011 bfiforeme. 't personally appeared i who proved to me on the basis of satisfact 1 4 /^^^^ DEBORAH D. DAVIS N 8(*5*tssall COMM. #1929979 ^2 wK£**i!§9l NOTARY PUBLIC-CALIFORNIA w Bl A\&S*7/ SAN DIEGO COUNTY f C ^ NMC§|s»»/ MyComm.Exp. APRIL 21, 201 5 fr I |« THIS CERTIFICATE MUST BE ATTACHED TO { THE DOCUMENT DESCRIBED AT RIGHT:<L* sj?j!^g.j<M^j!jj!j«^.g^^Sji^tfjSfiSSSS^^ ) ) DEBORAH D. DAVIS, NOTARY PUBLIC MARK D. IATAROLA ary evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary TITLE OR TYPE OF DOCUMENT ^— 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) fJPARTNER(S) nLIMITED Q GENERAL EATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR [J OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) II II I II I I( I( I I / I I / 1 1I 1;• I1i 1 NUMBER OF PAGES DATE OF DOCUMFNT ft Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.SIGNER(S) OTHER THAN NAMED ABOVE. Executed by PRINCIPAL this 12TH day of SEPTEMBER _.20 11 PRINCIPAL: PALM ENGINEERING CONSTRUCTION COMPANY. INC. (name of P/ipcipal By: (sign fiere) RASOUL SHAHBAZI (print name here) PRESIDENT . (Title and Organization of Signatory) By:_ (sign here) RASDTTT. SHAHRAZT (print name here) SECRETARY (title and organization of signatory) .dayExecuted by SURETY this Of SEPTEMBER 20 11. SURETY: U,S, SPECIALTY INSURANCE COMPANY (name of Surety) 601 SOUTH FIGUEROA STREET, SUITE 1600 LOS ANGELES, CA 90017 (address of Surety) ~ 310/649^0990 (telephone number of Surety} By:, _ (signature of Attorney-in-Fact) MARK D. IATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) ~~ (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must b© attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM; RONALD R. BALL City Attorney Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 17 of 102 Pages POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John G. Maloney, Mark D. latarola or Helen Maloney of Escondico, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Ten Million******* Dollars (S * 10,000,000.00* ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-facl may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 31st day of March, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals State of California County of Los Angeles SS: On this 31s' day of March, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President ef: American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the pcrson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DEBORAH REESE f Commission * 1926048 I Notary Public • California | Los Angeles County •'• My Comm. Expires Mar 18. Z0151 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12TH day of SEPTEMBER 2011 Corporate Seals Bond No. Agency No. Jeannie J. Kim, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f No. 5193 State of California County of SAN DIEGO On 9/12/2011 before me, personally appeared. DEBORAH D. DAVIS, NOTARY PUBLIC MARK D. IATAROLA 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.DEBORAH D. DAVIS COMM. #1929979 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY I. Exp. APRIL 21,2015 11 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 ——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) QPARTNER(S) Q LIMITED fj GENERAL HDATTORNEY-IN-FACT QTRUSTEE(S) Q GUARDIAN/CONSERVATOR QOTHER: SIGNER IS REPRESENTING: NAME OF PERSONfS) OR ENTITYflES) 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. t i i \ i i't ssssssss&sMadsssssss^^ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On September 13, 2011 before me, Krystyna Patrick, Notary Public personally appeared Rasoul Shahbazi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(sr) whose name{s)(is^aFe subscribed to the within instrument and acknowledged to me that !@khe/they executed the same in fimher/their authorized capacity(ies^ and that by(6is)(hor/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. I rNESS my hand and offlc KWVtTYNAJMTMCK >OI9inil9flNOfl NO. 194ifivO (Notk MAN MOO COUNTY JUMEM, |OW I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attoraey-in-Fact Trust ee(s) 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 that is illegal for a notary in California (i.e. 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 signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his 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 signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text 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. •'• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * 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 CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Company Profile Page 1 of 2 Company Profile U.S. SPECIALTY INSURANCE COMPANY 13403 NORTHWEST FREEWAY HOUSTON, TX 77040-6094 Former Names for Company 01H^ U.S. SPECIALTY INSURANCE COMPANY DBA _,_ .. __ ^ ... 1QQ, Old Name: USSPECIALTYINSURANCE COMPANY Effectlve Date: O5'16'1996 ~Mltf EASTERN AVIATION & MARINE INSURANCE „,_ .. _ . ,_ ., ....Old Name: rQMPANY Effective Date: 12-21-1993 Agent for Service of Process CHARLES BACLET, 2875 MICHELLE DRIVE SUITE 100 IRVINE, CA 92606 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 29599 NAIC Group #: 0984 California Company ID #: 3220-1 Date authorized in California: October 30,1989 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web. insurance. ca.gov/webuser/idb_co_prof_utl.get_cojprof?p_EID=6955 9/13/2011 Company Profile Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 201 1 01 : 14 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6955 9/13/2011 GUIDE FOR COMPLETING •"' THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined ^ by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. "*»„.,, Revised 06/10/09 Beach Access Improvements Page 18 of 102 Pages Contract No. 3896 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 Beach Access Improvements Page 19 of 102 Pages Contract No. 3896 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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 r NJ /YIs* / \i Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Page 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 Beach Access Improvements Contract No. 3896 Page 20 of 102 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used\ Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract TypeofWorK/ /Amount of Contract Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 21 of 102 Pages Year 2011 2010 2010 2010 2010 2010 2009 2009 2009 2009 2009 2009 2009 2008 2008 2008 Type of Work Street Repair, Demolition, Inter-Locking Pavers, Concrete Curb, Striping and Traffic Control Remove &£ Replace Sidewalk, Curb Gutter, Asphalt Striping and Traffic Control Grading, Excavation, Concrete, Asphalt, Landscaping, Site Furnishing, Masonry, Fencing Sign and Traffic Installation Mass Grading, Cast-In-Place Concrete Retaining Walls, Curb & Gutter, Sidewalk, Asphalt Paving, Underground/ Site Utilities, Traffic Control, Landscaping, Electrical Remove & Replace Sidewalks, Curb & Gutter Cross Gutter, Bus Pads, Alley Pavement, Asphalt Pavement, Traffic Control at Over 200 Locations Road Work, Demolition, Excavation, Curb & Gutter Sidewalk, Asphalt Pavement, Traffic Control Road Work, Exacavation, Aphalt, Concrete, Signal Lighting, Landscaping, Fencing, Striping, and Traffic Control at Railroad Tracks Mass Exacavtion, Grading, Concrete, Storm Drains, Running Track Installation Road Work, Excavation, Concrete, Asphalt Pavement, Storm Drain Systems, Traffic Control Excavation, Road Work, Storm Drain, Electrical, Concrete, Asphalt, Fencing, Traffic Control Excavation, Asphalt, Concrete, Micro-Tunneling Installation of Sewer Lines, Overhead Utility Relocation, Traffic Control Excavation, Concrete, Landscape, Installation of Drain Structures in Mission Bay, Shoring, Traffic Control Cast-In-Place Concrete, Tieback Installation, Shotcrete Seawall, Storm Drain Installation, Traffic Control Excavation, Grading, Storm Drain, Concrete, Asphalt, Electrical, Landscaping, Site Furnishings (Including Benches and Shade Structures) Demolition, Excavation, Concrete, Cast-In-Place Concrete Seatwall, Landscaping, Electrical, Asphalt Paving, Storm Drain, Masonry, Traffic Control Intersection of Washington and Golodfinch: Excavation, Base, Concrete, Ashpalt, Inter-Locking Pavers, Signal Lighting Landscaping and Traffic Control Value of Work Performed (Contract Amount) $ 35,980.00 $ 402,681.18 $ 421,054.20 $ 2,216,540.00 $ 1,347,200.00 $ 73,342.00 $ 665,817.23 $ 824,587.28 $ 204,145.50 $ 764,377.83 $ 1,188,730.00 $ 467,400.00 $ 508,900.00 $ 1,061,811.19 $ 1,217,000.00 $ 790,296.58 Project Duration (Months) 1 3 3 7 9 1 4 2.5 2.5 8 6 3 8 12 6 6.5 For Whom Performed and Phone Number to Contact for Verification Lomas Santa Fe @ 1-15 Interchange: City of Solana Beach -Jim Greenstein (858) 720-2476 Cardiff Safe Routes to School: City of Encinitas - Nick Deile (760) 633-2775 Veteran's Park: City of Poway -Jeff Beers (858) 668-4624 Lakeside Riverpark Fire Station: Geoge Tockstein (619) 972-2765 Sidewalk Replacement Grp 2: City of San Diego -Hamid Yaghoubpoor (858) 627-3200 Regal Road Sidewalk Improvements: City of Encinitas - Nick Deile (760) 633-2775 Mission Road & Pacific Street Improvements: City of San Marcos - Ryan Bishop (760) 594-4711 Monte Vista High School: GUHSD - Scott Wilkins (619) 644-8000 Cardiff Alley Improvements: City of Encinitas - Kipp Hefner (760) 633-2775 Reo Drive StreetScape: City of San Diego - Kiumars Zerehpoush (858) 495-4736 Quincy & Wilbur: City of San Diego - Fahmi Rekani (858) 495-4716 La Playa Storm Drain: City of San Diego - All Heidari (858) 627-3296 Camino de La Costa: City of San Diego - Hiep Hoang (858) 495-4713 Hilltop Community Park: City of San Diego - Saeed Aksari (858) 627-3200 Hoover High School Improvements: San Diego Unified School District - Chuck Hill (858) 637-6270 Washington & Goldfinch: City of San Diego - Sally Amezcua (858) 495-4732 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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: Or Comprehensive General Liability Q Automobile Liability CT Workers Compensation LT' 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 Beach Access Improvements Page 22 of 102 Pages Contract No. 3896 A£0*t? CERTIFICATE OF LIABILITY INSURANCE OP.O BB DA;E~YY ^ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St. , 4th Floor La Mesa CA 91942 Phone: 619-464-6851 Fax: 619-464-1901 INSURED Palm Engineering ConstructionCo. , Inc. 7330 Opportunity Road Ste J San Diego CA 92111 NAME: Stephanie Calhoun (™°NNE0, Extj: 619-668-2392 !(A)C,NO): 619-668-4715 E-MAIL -. ~ « . ' '. 'ADDRESS scalhoun@teagueins.com "PRODUCER Tv»T,,rr. "c """CUSTOMER ID#: PATiMF.-t) INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westchester Fire Insurance Co. INSURER B : Travelers Property Casualty Co INSURER C: of America INSURER D : Continental Casualty Company INSURER E : Benchmark Insurance Company INSURER F: Westchester Surplus COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR i WVD! POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY ! CLAIMS-MADE ! X ! OCCUR GEN'L AGGREGATE LIMIT APPLIES PER' ; POLICY i X ; JECT LOC AUTOMOBILE LIABILITY B X ANY AUTO ; ALL OWNED AUTOS i SCHEDULED AUTOS r- - — 1 HIRED AUTOS : NON-OWNED AUTOS D ^ : UMBRELLA LIAB X OCCUR EXCESS LIAB £ j CLA|Ms.MArJE DEDUCTIBLE RETENTION $ G24144525002 X BA1062M97111 : ji j ; | L4018345566 E WORKERS COMPENSATION : CST5001186 AND EMPLOYERS' LIABILITY y(N ANY PROPRIETOR/PARTNER/EXECUTIVEi r j OFFICER/MEMBER EXCLUDED' 1 F4'*(Mandatory in NH) ' ' If yes describe under DESCRIPTION OF OPERATIONS below i F : Pollution Liability G24211794001 1 EACH OCCURRENCE 07/01/11 07/01/12 PREMIsIs°Ea^SSrence) 1 MED EXP (Any one person) : PERSONAL & ADV INJURY GENERAL AGGREGATE i PRODUCTS - COMP/OP AGG : COMBINED SINGLE LIMIT 02/23/11^02/23/12 ^^URY (Peterson,--- BODILY INJURY (Per accident) " PROPERTY~DAMAGE " [ . (Per accident) 07/01/lli07/01/12 EACH OCCURRENCE . AGGREGATE 11/01/10 11/01/11 i X WCSTATU- ; OTH-J.J-/Ui/J.U|J.±/UX/ J.±| AjTORYL||y|TS i ER^ E.L EACH ACCIDENT \ E.L DISEASE - EA EMPLOYEES E L DISEASE - POLICY LIMIT 06/09/11106/09/12: Per Occur $1,000,000 $ 100,000 s 5,000 s i,o6o7ooo 52,000,000 52,000,000 s s 1,000,000 s s $ $ $ s 4,000,000 s 4,000,000 s s $ i7pp_o,oob s 1,000,000 $ 1,000,000 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required)Re : Beach Access Improvements The City of Carlsbaa, its officials, employees and volunteers are includedas additional insured with respects to general liability per CG20100704.Coverage applies on a primary and non contributory basis per attached formGLE0007019t;T CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Dept. 1635 Faraday Ave Car i soaa CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ^ /( ^^ ACORD 25 (2009/09)The ACORD name and logo are registered marks of ACORD FACORD CORPORATION. All rights reserved. POLICY NUMBER: G24144525002 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by written contract signed by both parites prior to loss. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization^) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 i ISO Properties, Inc., 2004 Page 1 of 1 Named insured palm Engineering Construction Co., inc. Policy Symbol j Policy Number GLW i G24144525002 Policy Period 07/01/2011 TO 07/01/2012 Endorsement Number Effective Date of Endorsement 07/01/2011 Insured By (Name of Insurance Company) Westchester Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONDITION 4, OTHER INSURANCE, AMENDED - NON CONTRIBUTORY Paragraph 4,c. is deleted in its entirety and replaced by the following: c. If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by contract to provide insurance that is primary and non-contributory, and the "Insured Contract" is executed prior to any loss. Where required by a contract, this insurance will be primary only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Authorized Representative GLE0007 101 -36) 39 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Job Description Person or Organization Any person or organization for whom RE: All California Operations The named insured is required under Written contract to furnish this waiver This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/1/10 to 11/1/11 Policy No. CST5001186 Endorsement No. Insured: Palm Engineering Construction Co Inc Insurance Company: BENCHMARK INSURANCE COMPANY Benchmark Insurance Company Countersigned by BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State ofCalifornia? yes 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: (name of G-tontra'ctor) By *'v (sign here) (print name/title) . Co. \r>c. Page of pages of this Re Debarment form Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 23 of 102 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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 moretimes within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed?jvocauon 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? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Wofk'eVer been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page \ of \ pages of this Disclosure of Discipline form Revised 06/10/09 Beach Access Improvements Page 24 of 102 Pages Contract No. 3896 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Ta\m (sign here) (print name/title) Page \ of V pages of this Disclosure of Discipline form Revised 06/10/09 Beach Access Improvements Page 25 of 102 Pages Contract No. 3896 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 State of California County of *\&\w Tim, G ) ss. 5T9\". Gb. \Y\C , \ (Name of Bidder) and says tha(he>r she is T O£S\djjLnf\T , being first duly sworn, deposes (Title) of (Name oTFirm) ' 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 ofperjury that the executed on the i r2) day of is true and correct and that this affidavit was _, 20j_ Signature of Bidder Subscribed and sworn to before me on the (NOTARY SEAL) ignature of Notary oRevised 06/10/09 Beach Access Improvements Contract No. 3896 Page 26 of 102 Pages Jurat State of California County of San Diego Subscribed and sworn to (or affirmed) before me on this 13th day of September 20 11 by Rasou' Shahbazi proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Notary seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document title or description (Title or description of attached document) Document title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) Example of an oath or affirmation to be asked by the notary prior to signing: "Do you swear or affirm that the statements made in the attached document are true to the best of your knowledge?" (The affiant must reply affirmatively.) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. State and County information must be the State and County where the document signer(s) personally appeared before the notary public. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. Print the name(s) of document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. •J> Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. Securely attach this document to the signed document 2008 Version CAP A vl.9.07 800-873-9865 www.NotaryClasses.com CITY OF CARLSBAD Contract Administration www.carlsbadca.gov August 19, 2011 ADDENDUM NO. 1 RE: BEACH ACCESS IMPROVEMENTS BID NO. PWS12-03TRAN, CONTRACT NO. 3896 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. RHONDA HEATHER Associate Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 © CITY OF CARLSBAD BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 Bid No. PWS12-03TRAN Addendum No. 1 From: Jon Schauble, Project Manager Phone: (760)602-2762 Fax: (760) 602-8562 No. of Pages: 2 (including this page) Date: August 19, 2011 Bid Opening Date: September 13, 2011 2:00 pm (unchanged) CONTRACTOR'S PROPOSAL Please insert Page 74 (attached) to the Contract Documents. It was accidently left out by the printers. Contract No. 3896 Addendum No. 1 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 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 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 20 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 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, Revised 06/10/09 Beach Access Improvements Page 74 of 102 Pages Contract No. 3896 CONTRACT PUBLIC WORKS This agreement is made this 5"^ day of _ Qc*k>kC4r~ _ , 20 ft, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Palm Engineering Construction Company, Inc. whose principal place of business is 7330 Opportunity Road, Suite J San Diego CA 921 1 1 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches Revised 06/10/09 Beach Access Improvements Page 27 of 102 Pages Contract No. 3896 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. i*Revised 06/10/09 Beach Access Improvements Page 28 of 102 Pages Contract No. 3896 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state-that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured 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. Revised 06/10/09 Beach Access Improvements Page 29 of 102 Pages Contract No. 3896 V (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Revised 06/10/09 Beach Access Improvements Page 30 of 102 Pages Contract No. 3896 (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. Au « jnit N[A jnjt 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 06/10/09 Beach Access Improvements Page 31 of 102 Pages Contract No. 3896 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: (sign here) (print name and title) By: (sign here) ^CARLSBAD_a municipal corporation of 3f Califd By: (nartae/otContractor) ' /< « L^~ _ ,sCity Manager ATTEST: LORRAINE M. WOOD, C >rk /<&$£& = &''- (prjn^name and title) President or vice-president and secretary or assistant secretary must sign for corporations."If 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 Deputy Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 32 of 102 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Die9° On September 20, 2011 before me, Krystyna Patrick, Notary Public personally appeared Rasoul Shahbazi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person's) whose name's)(isfeFe subscribed to the within instrument and acknowledged to me that @^he/they executed the same in tocher/their authorized capacity'ies)? and that by(^s)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. S my hand and offrciaftsea KRYITYMA PATRICK Commission No. 1M16N NOTARY PUBUC-CAUTONNIA StAN DIEGO COUNTY My Comm. Expire* JUNE 30. JOtS ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D n (Title) Partner(s) Attorney-in-Fact Trustee(s) 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 that is illegal for a notary in California (i.e. 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 signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his 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 signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Aeyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text 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. •> Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date. •5* 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 CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com ACTION BY WRITTEN CONSENT OF BOAR!) OF DIRECTORS OF Palm Engineering Construction Company Inc. A CALIFORNIA C WPORATION The undersigned, being the Board of Directors of Palm Engineering Construction Company Tnc, a California Corporation, (the"Corporation") in accordance with the California Corporations Code and the Bylaws of this Corporation, do hereby consent to the adoption of the following recitals and resolutions without a meeting and without notice: EIJCTIQNOF_OFFICERS WHEREAS, the Board of Directors has the authority under law and by the bylaws of this Corporation to elect the officers; RESOLVED, that the following persons are unanimously elected to the office indicated opposite their names to serve at the pleasure of the Board of Directors until the next annual meeting and until their successors are duly elected and qualified: OFFICE President Secretary Treasurer NAME Rasoul Shahbazi Rasoul Shahbazi Rasoul Shahbazi RESOLVED FURTHER, that the President of the Corporation is hereby authorized and directed to file with the Secretary of State a Statement by Domestic Stock Corporation evidencing the Officers and Director elected and qualified pursuant to the Director's and Shareholder's Written Consents, RESOLVED FURTHER, that the Secretary is directed to file this Written Consent with the minutes of Directors proceedings. RATIFICATION AND APPROVAL OF ACTIONS WHEREAS, the Board of Directors and Officers of the Corporation have taken action between the last meeting or written consent and this written consent; and WHEREAS, it would be in the best interests of the Corporation to ratify and approve the- actions of the Director and Officers of the Corporation occurring between the last meeting or written consent and this written consent; RESOLVED, the board ratifies and approves the actions of the Director and Officers of the Corporation occurring between the last meeting or written consent and this written consent. thDated; April 1J ,2011 Rasoul Shahbazi, Director BOND NO. 1000782331 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND V.-.-' WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Palm Engineering Construction Company, Inc. (hereinafter designated as the "Principal"), a Contract for: BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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, PALM ENGINEERING CONSTRUCTION COMPANY, INC., as Principal, (hereinafter designated as the "Contractor"), and n g zvvr.j AT .TV T^SHBANC^ ^OKPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Nine Thousand One Hundred Eighty Dollars ($39,180), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these \~~ presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Beach Access Improvements Page 33 of 102 Pages Contract No. 3896 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 9/20/2011 before me personally appeared DEBORAH D. DAVIS, NOTARY PUBLIC MAKK D. IATAROLA 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. DEBORAH D. DAVISCOMM. #1929979 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComraExp. APRIL 21,2015 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. 0 Signature of Notary ^^^^ 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 [J CORPORATE OFFICER(S) QPARTNER(S) TITLE(S) [J LIMITED Q GENERAL -FACTHATTORNEY- QTRUSTEE(S) Q GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) / // /( //I I III I / / / / / I ( '// / / (I THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES.DATE OF DOCUMENT . Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. jfessss 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 20TH Executed by SURETY this 20TH day of SEPTEMBER CONTRACTOR: PALM ENGIEERING CONSTRUCTION COMPANY. INC. (name of Contractor) By: _ 2Q 11 of SEPTEMBER _ 2Q day 11 SURETY: U.S. SPECIALTY INSURANCE COMPANY (name of Surety) 601 SOUTH FIGUEROA STREET, SUITE 1600 LOS ANGELES. CA 90017 _ (address of Surety) RASOUL SHAHBAZI (print name here) 310/649-0990 PTDF.NT (title and organization of signatory) By:. (sign here) RASOUL SHAHBAZI (print name here) (telephone number of Surety) (signature of Attomey-in-Fact) MARK D. IATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY (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 CftyAflbmey Revised 06/1 0/09 Beach Access Improvements Contract No. 3896 Page 34 of 102 Pages c POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY CNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Jexiis corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John G. Maloney, Mark D. latarola or Helen Maloney of Escondico, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Ten Million******* Dollars ($ * 10,000,000.00* ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 31st day of March, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals State of California County of Los Angeles SS: Daniel P. Aguilar, Vice President On this 31st day of March, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ^WITNESS my hand and official seal. Signature (Seal) DEBORAH REESE f Commission # 1926048 I Notary Public - California | Los Angeles County •'•' My Cgmm. Expires Mar 19,2015 [ I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this ^OTH day of SEPTEMBER 2011 Corporate Seals IS1 M&wnuNT} ""* l^slsina.!*, ' Bond No. 1000782331 ^ Agency No. 4013 Jeannie J. Kim, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On September 20, 2011 before me, Krystyna Patrick, Notary Public personally appeared Rasoul Shahbazi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose namefeXis^aFe subscribed to the within instrument and acknowledged to me that (^e^he/thoy executed the same in msYher/their authorized capaciry(ies)7 and that by(ms|her/their signature^ 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. W TNESS my hand and KRYSTYNA PATRICK Commission No. 1941688 NOTARY PUBLIC-CALIFORNIA S8AN DIEGO COUNTY My Cornn. Expiraf JUNE 20.2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trastee(s) 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 that is illegal for a notary in California (i.e. 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 signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nanie(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text 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. * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •?• 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 CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com C BOND NO. 1000782331 Basad On Final Contract Price PREMIUM: $564.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Palm Engineering Construction Company, Inc. (hereinafter designated as the "Principal"), a Contract for: BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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, PALM ENGINEERING CONSTRUCTION COMPANY, INC., as Principal, (hereinafter designated as the "Contractor"), and jf s-<L SPECIALTY INSURANCE COMPANY _ • as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Nine Thousand One Hundred Eighty Dollars ($39,180), 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. ORevised 06/10/09 Beach Access Improvements Page 35 of 102 Pages Contract No. 3896 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^5193sssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss State of California County of SAN DIEGO On 9/20/2011 before me, personally appeared DEBORAH D. DAVIS. NOTARY PUBLIC MARK D. IATAROLA 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 . ^^^^^ ^Y uP°n behalf of wnicn tne Person(s) acted> executed the ^ xislbfev DEBORAH DJDAVis Iv instrument.DEBORAH D. DAVIS COMM. #1929979 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm.Exp. APRIL 21,2015 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. OA 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 n CORPORATE OFFICER(S) TITLE(S) QPARTNER(S) [J GENERAL BATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR Q OTHER: 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 ihe event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day Of SEPTEMBER 20 u Executed by SURETY this 20TH SEPTEMBER . day of .20 jj SURETY: CONTRACTOR: PALM ENGINEERING CONSTRUCTION COMPANY, INC. (name of Contractor) By:. (sign here) RASOUL SHAHBAZI (print name here) PRESIDENT (Title and Organization of Signatory) (sign here) RASOUL SHAHBAZI (print name here) U.S. SPECIALTY INSURANCE COMPANY (name of Surety) 601 SOUTH FIGUEROA STREET, SUITE 1600 LOS ANGELES, CA 90017 (address of Surety) 310/649-0990 (telephone number of Surety) By: / I ^A 0...- 6^/Uxu7p-<£> (signature of Attomey-in-Fact) MARK D. lAJAROLA. ATTORNEY-IN-FACT (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) SECRETARY (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 Deputy City Attorney C Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 36 of 102 Pages POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY .CNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: John G. Maloney, Mark D. latarola or Helen Maloney of Escondico, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *******Tcn Million******* Dollars ($ *10,OQO,000.00* ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be il Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Atlorney-in-Facl may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 31s1 day of March, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY cCorporate Seals State of California County of Los Angeles SS: «Mf I RK\ By: Daniel P. Aguilar, vice President I! (It On this 31st day of March, 201 1, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J //J MM^(Seal) DcoUHAH Hctot f Commission* 1926048 | Notary Public - California i Los Angeles County gf 19.2015! I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20TH day of SEPTEMBER , 2011- Corporate Seals Bond No. 1000782331 Agency No. _ 4013 Jeannie J. Kim, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On September 20, 2011 before me, Krystyna Patrick, Notary Public personally appeared Rasoul Shahbazi (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(is)!aFe subscribed to the within instrument and acknowledged to me that ((jefohe/thoy executed the same in ms^her/their authorized capacity(ies)? and that by(his^her/thoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official (Notary KRYSTYNA PATRICK Commission No. 1M16M NOTARY PUBLIC-CALIFORNIA SSAN DIEGO COUNTY My Comm. Expires JUNE 80.2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) 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 that is illegal for a notary in California (i.e. 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 signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his 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 signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they^ is /we) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text 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. * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * 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 CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com 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 BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 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. Revised 06/10/09 Beach Access Improvements Page 37 of 102 Pages Contract No. 3896 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 Beach Access Improvements Page 38 of 102 Pages Contract No. 3896 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 Beach Access Improvements Contract No. 3896 Page 39 of 102 Pages GENERAL PROVISIONS FOR BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 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. c«Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 40 of 102 Pages issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Revised 06/10/09 Beach Access Improvements Page 42 of 102 Pages Contract No. 3896 Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard 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. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. 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. Revised 06/10/09 Beach Access Improvements Page 43 of 102 Pages Contract No. 3896 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. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon APIS Apartment and Apartments ABAND Abandoned AMER STD American Standard ABS Acrylonitrile - butadiene - styrene AWG American Wire Gage (nonferrous wire) AC Asphalt Concrete BC Beginning of curve ACP Asbestos cement pipe BCR Beginning of curb return ACWS Asphalt concrete wearing surface BDRY Boundary ALT Alternate BF Bottom of footing Revised 06/10/09 Beach Access Improvements Page 44 of 102 Pages Contract No. 3896 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 CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL : Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole 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 3 Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 45 of 102 Pages 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 of Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe DBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Raijroad RSE Registered structural engineerRTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipeSD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric)SPEC Specifications SPPWC Standard Plans for Public Works ConstructionSSPWC Standard Specifications for Public Works Construction STHWY .State highway STA Station STD Standard STR Straight STR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T TelephoneTAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standardTW Top of wallTYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipeVERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control HandbookWl Wrought iron WM Water meter WPJ Weakened plane jointXCONN Cross connectjon XSEC Cross section Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 46 of 102 Pages 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 GRI Geosynthetic Research Institute FHWA Federal Highway Administration 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. The U.S. Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. U.S. Standard Measures, also called U.S. Customary System, are included in parenthesis. SI units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. If U.S. Standard Measures are specified for use in the contract documents, then all values used for construction shall be U.S. Standard Measures shown in parenthesis. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures have not been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 mjcrometer (urn) 1 inch (in) 25.4 millimeter (mm)1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m)1 mile (mi) 1.6093 kilometer (km)1 square foot (fr) 0.0929 square meter (rrn 1 square yard /yd ) 0.8361 square meter (rn ) 1 cubic foot (ft3),. 0.0283 cubic meter (m;" 1 cubic yard (yd ) 0.7646 cubic meter (m1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass(lb) (avoirdupois) 0.4536 kitogram (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 persecond (mm Is) 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) Revised 06/10/09 Beach Access Improvements Page 47 of 102 Pages Contract No. 3896 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)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes -\3kilo(k) 10,A? / _ \ * f\-2 {I centi(c) 10'2 milli(m) 10'3 ,-12 micro (n) 10, nano(n) 10" pico (p) 10 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line 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 Advertising for 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: Revised 06/10/09 Beach Access Improvements Page 48 of 102 Pages Contract No. 3896 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. 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. Revised 06/10/09 Beach Access Improvements Page 49 of 102 Pages Contract No. 3896 V Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. 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. Revised 06/10/09 Beach Access Improvements Page 50 of 102 Pages Contract No. 3896 V 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The plans for this project are attached to this document as Appendix A. The Contractor shall keep at the Work site a copy of the plans and specifications at all times. The specifications for the work include the General Provisions, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2009 Edition (Parts 2 & 3), hereinafter designated "SSPWC" or "Greenbook", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. 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, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. The Specifications and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. 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 Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders; whichever occurs last. 3) Contract Addenda; whichever occurs last. 4) Technical Specifications. 5) Contract. 6) Carlsbad General Provisions and Supplemental Provisions to the Greenbook. 7) Engineering Drawings (ie Plans). 8) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 9) Standard Specifications for Public Works Construction as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations. Detail drawings shall take precedence over general drawings. Revised 06/10/09 Beach Access Improvements Page 51 of 102 Pages Contract No. 3896 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. The Contractor is required to provide Submittals for schedule, traffic control plans, and materials within 20 working days after contract is awarded at Carlsbad's City Council Meeting. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the 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 06/10/09 Beach Access Improvements Page 52 of 102 Pages Contract No. 3896 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 subsections: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1 ) 2) 3) 4) 5) 6) 7) 8) List of Subcontractors per 2-3.2. List of Materials per 4-1 .4. Certifications per 4-1 .5. Construction Schedule per 6-1 . Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201-1 .1 . Asphalt concrete mix designs per 203-6. 1 . Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 53 of 102 Pages 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. 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 Revised 06/10/09 Beach Access Improvements Page 54 of 102 Pages Contract No. 3896 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. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. 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 Revised 06/10/09 Beach Access Improvements Page 55 of 102 Pages Contract No. 3896 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 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 50 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve a substantial change in character of the work from that shown on the Plans or included 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. In the case of such an increase or decrease in a bid item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together with all previous changes to that item, is not in excess of 50 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 50 percent may be done by extension of Contract Unit Prices as described above, or pursuant to 3-2.2.3. 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 included in the Specifications, an adjustment in payment will be made in accordance with 3-2.2.3. Should the City delete any Contract bid item in its entirety, payment will be made only for actual costs incurred prior to notification of such deletion. In the case of an increase or decrease in quantity of a bid item in excess of 50 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 50 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 50 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-2.2.1 General. 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 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 Revised 06/10/09 Beach Access Improvements Page 56 of 102 Pages Contract No. 3896 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 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 3-3. The Extra Work per 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 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. 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 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 3-3, except as otherwise specified in 3-2.2.2 and 3-2.2.3. 3.2.5 Eliminated Items. The City may delete any bid item at no cost to the City. 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. 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 3-3. 3-2.2.2 Stipulated Unit Prices. Stipulated unit prices are those 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. 3-2.2.3 Agreed Prices. Adjustments in payments for changes other than those set forth in 3-2.2.1 and 3-2.2.2 will be determined by agreement between Contractor and Agency. If unable to reach agreement, the Agency may direct the Contractor to proceed on the basis of Extra Work in accordance with 3-3. Revised 06/10/09 Beach Access Improvements Page 57 of 102 Pages Contract No. 3896 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 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. Revised 06/10/09 Beach Access Improvements Page 58 of 102 Pages Contract No. 3896 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. (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. Revised 06/10/09 Beach Access Improvements Page 59 of 102 Pages Contract No. 3896 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 accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor Revised 06/10/09 Beach Access Improvements Page 60 of 102 Pages Contract No. 3896 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 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. V Revised 06/10/09 Beach Access Improvements Page 61 of 102 Pages Contract No. 3896 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. 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 Revised 06/10/09 Beach Access Improvements Page 62 of 102 Pages Contract No. 3896 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 ^"*«v respond within the time prescribed, respectively, and demand an informal conference to meet and ^ confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to """^ 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 3-3. "^Ijwl*"" Revised 06/10/09 Beach Access Improvements Page 63 of 102 Pages Contract No. 3896 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 450 mm (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. Revised 06/10/09 Beach Access Improvements Page 64 of 102 Pages Contract No. 3896 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 80 km (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 80 km (50 miles) of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use **""'*"•• materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall „„* name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after 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. -—**' Revised 06/10/09 Beach Access Improvements Page 65 of 102 Pages Contract No. 3896 "*"* 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications '%*»" and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. 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. Revised 06/10/09 Beach Access Improvements Page 66 of 102 Pages Contract No. 3896 Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using 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 Revised 06/10/09 Beach Access Improvements Page 67 of 102 Pages Contract No. 3896 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. 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. Revised 06/10/09 Beach Access Improvements Page 68 of 102 Pages Contract No. 3896 The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 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 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 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 50 mm (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 50 mm (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 as provided in 301-1.6. 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 06/10/09 Beach Access Improvements Page 69 of 102 Pages Contract No. 3896 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 \mr avoid interference. Such changes will be paid for in accordance with 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 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 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 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations ****** not covered by 5-1, which could not have been avoided by the judicious handling of forces, Revised 06/10/09 Beach Access Improvements Page 70 of 102 Pages Contract No. 3896 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 the work and shall be on hard (paper) copy. 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. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's 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. 0Revised 06/10/09 Beach Access Improvements Page 71 of 102 Pages Contract No. 3896 The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer every week to agree upon each activity's schedule status and shall submit updates to the Baseline Construction Schedule confirming the agreements. The update will be submitted on hard (paper) copy per the submittal requirements of section 2-5.3. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall 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 specified in the Contract Documents and Specifications. 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 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. Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 72 of 102 Pages The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this subsection shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Agency 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. Revised 06/10/09 Beach Access Improvements Page 73 of 102 Pages Contract No. 3896 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in 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 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:00 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 days. 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 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. Revised 06/10/09 Beach Access Improvements Page 75 of 102 Pages Contract No. 3896 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 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00) per day. 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 five hundred dollars ($500) 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 re-clean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Revised 06/10/09 Beach Access Improvements Page 76 of 102 Pages Contract No. 3896 Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. The Contractor shall furnish the Agency a policy or certificate of liability insurance in which the Agency is the named insured or is named as an additional insured with the Contractor. All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the Agency shall be the insured or as an additional insured covering the Work, whether liability is attributable to the Contractor or the Agency. The policy shall insure the Agency, its officers, employees, and agents, while acting within the scope of their duties on the Work, against all claims arising out of or in connection with the Work, except as provided in 6-10. The Contractor may file insurance acceptable to the Agency covering more than one project. The coverage shall provide the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. 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 Revised 06/10/09 Beach Access Improvements Page 77 of 102 Pages Contract No. 3896 reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. 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 Revised 06/10/09 Beach Access Improvements Page 78 of 102 Pages Contract No. 3896 if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary Revised 06/10/09 Beach Access Improvements Page 79 of 102 Pages Contract No. 3896 condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor, shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2007-0001, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS0108758, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A Notice of Intent (NOI) is not required for this project. The Contractor shall prepare and submit a Tier 2 SWPPP as defined in the City of Carlsbad Engineering Standards, Volume 4 Storm Water Standards Manual, Chapter 3 Construction SWPPP Standards and Requirements (2004 Edition) for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City. See Section 300-13 in the Supplemental Provisions of this document. 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. Revised 06/10/09 Beach Access Improvements Page 80 of 102 Pages Contract No. 3896 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with City requirements. 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 shall close off the stairs to the public for the duration of the work on the stairs. The Contractor shall post signs directing pedestrians to the nearest beach access stairs. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. 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. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. 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 on the beach, streets, roads, or highways. All materials or equipment shall be stored elsewhere by the Contractor at its expense unless authorized by the engineer. Revised 06/10/09 Beach Access Improvements Page 81 of 102 Pages Contract No. 3896 Construction equipment shall not be stored at the Work site before its actual use on the Work, nor "**""* after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized ^BJSPT 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, nor beach 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. 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. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA's MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for 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 Revised 06/10/09 Beach Access Improvements Page 82 of 102 Pages Contract No. 3896 v 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 180 mm (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 1.8 m (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 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6 feet, nor operate equipment within 3 feet from any traffic lane occupied by traffic. For equipment the minimum acceptable shy distance shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lanes, not less than 12 feet wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA's 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's MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes obliteration of jaavement delineation, temporary or permanent pavement delineation shall be in place prior to Revised 06/10/09 Beach Access Improvements Page 83 of 102 Pages Contract No. 3896 opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included 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's 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 as necessary and no extra payment will be made for traffic control. Traffic Control shall be considered incidental to the work. There is no traffic control bid item so the cost of labor and material for traffic control will be considered as incidental to the work being performed and no additional payment will be made therefore. Revised 06/10/09 Beach Access Improvements Page 84 of 102 Pages Contract No. 3896 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 1.5 m (5 feet) or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 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 Revised 06/10/09 Beach Access Improvements Page 85 of 102 Pages Contract No. 3896 v 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. Revised 06/1 0/09 Beach Access Improvements Contract No. 3896 Page 86 of 102 Pages 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. No facilities will be required for agency personnel on this project. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. 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 Revised 06/10/09 Beach Access Improvements Page 87 of 102 Pages Contract No. 3896 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 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in 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 Revised 06/10/09 Beach Access Improvements Page 88 of 102 Pages Contract No. 3896 contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. 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 oRevised 06/10/09 Beach Access Improvements Page 89 of 102 Pages Contract No. 3896 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 subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 06/10/09 Beach Access Improvements Page 90 of 102 Pages Contract No. 3896 SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, May 2006, Section 26: Aggregate Bases, 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 not 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 and Greenbook Section 200-2.2. AGGREGATE GRADING REQUIREMENTS Percentage Passing 3/4" Maximum Operating Sieve Sizes Range 2" ... 11/2" 1" 3/4" .... No. 4. No. 30 100 90-100 35-60 10-30 No. 200 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 Revised 06/10/09 Beach Access Improvements Page 91 of 102 Pages Contract No. 3896 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. Payment for aggregate base shall be included in the bid items for which the base is required: "Extend PCC Stairs and Handrail" and "Replace Concrete Storm Drain Outlet Box." SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1.2 Materials. Concrete shall be 560-C-3250. Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Revised 06/10/09 Beach Access Improvements Contract No. 3896 Page 92 of 102 Pages 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 vegetation, trash, wood, debris, street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment modify as follows: Payment for clearing and grubbing shall be made at the bid price for "Clearing and Grubbing" and shall include, but not be limited to: excavation, compaction, earthwork, grading, dewaterinq for footings, removal and disposal of concrete, soil, vegetation, rebar. sand, debris, rip rap, and access hatch. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (11) 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 Revised 06/10/09 Beach Access Improvements Page 93 of 102 Pages Contract No. 3896 area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300-2.2.3 and Revised 06/10/09 Beach Access Improvements Page 94 of 102 Pages Contract No. 3896 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications, 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be considered included in the payment for Bid Item "Clearing and Grubbing." Payment for Clearing and Grubbing shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, site access, and all work described in Sections 300-1 CLEARING AND GRUBBING and 300-2 UNCLASSIFIED EXCAVATION. 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 D1557-91. 300-4.4 Benching, add the following: Benching shall conform to The (City of Carlsbad Supplemental Standard Drawing GS-14) (details shown on the plans). 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. Revised 06/10/09 Beach Access Improvements Page 95 of 102 Pages Contract No. 3896 V 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. 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 the bid item "Clearing and Grubbing", and no additional payment will be made therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 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. 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. Revised 06/10/09 Beach Access Improvements Page 96 of 102 Pages Contract No. 3896 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, use of the BMPs and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, shall be considered as included in the bid item "SWPPP Preparation and Implementation" and no additional compensation will be allowed therefore. 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment, delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for "Rip-Rap Over Filter Fabric." complete and in place on a Tensar geotextile. in accordance with the details and requirements of the plans and specifications. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following sections: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit a Tier 2 Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP," in accordance with the City of Carlsbad Engineering Standards, Volume 4 Storm Water Standards Manual, Chapter 3 Construction SWPPP Standards and Requirements (2004 Edition). The SWPPP shall conform to the requirements of the Storm Water Standards Manual, the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Revised 06/10/09 Beach Access Improvements Page 97 of 102 Pages Contract No. 3896 Specific objectives and minimum requirements for each category of control measures are contained in the City of Carlsbad Storm Water Standards Manual. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A template for the required Tier 2 SWPPP document can be found in the City of Carlsbad Storm Water Standards Manual. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Revised 06/10/09 Beach Access Improvements Page 98 of 102 Pages Contract No. 3896 Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered included in the lump sum bid price for "SWPPP Preparation and Implementation", and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP in accordance with the requirements of the City of Carlsbad Storm Water Standards Manual. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. 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. Revised 06/10/09 Beach Access Improvements Page 99 of 102 Pages Contract No. 3896 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 have aggregate base or concrete 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. Revised 06/10/09 Beach Access Improvements Page 100 of 102 Pages Contract No. 3896 TECHNICAL SPECIFICATIONS Shallow Cosmetic Concrete Repair 1. City's Inspector to verify repair areas (and quantities) prior to Contractor starting repairs. Mechanically remove any loose, deteriorated concrete, or damaged/failing patches down to sound substrate. 2. Sawcut the perimeter of the area to a minimum of 1/8" deep. Assure that patch will be a minimum of 1/8" deep throughout and that there are no areas that will be feather-edged. 3. Area within the repair should be prepared to achieve an ICRI concrete surface profile equal to or greater than CSP 6. Wash the areas to remove all dust and demo debris and to SSD (saturated surface dry) the substrate. 4. Patch prepared voids with SikaRepair SHB mixed with Latex R following the mixing and application procedures found on the product data sheet. Faster turnaround times may be possible using SikaRepair SHA mixed with Latex R. Apply products per the recommendations and limitations found in the most current technical product data sheets which can be accessed atwww.sikaconstruction.com. Concrete Repair to Rebar 1. Conduct a detailed survey and hammer sounding to identify unsound areas and their extent. City's Inspector to verify repair areas (and quantities) prior to Contractor starting repairs. 2. Mechanically remove all deteriorated unsound concrete. Remove concrete to expose un-corroded reinforcement (rebar). Remove concrete from behind the reinforcement a minimum of 3/4". City's Inspector to verify repair areas (and quantities) prior to Contractor starting sawcuts. Sawcut the perimeter of the demolition to define the extent of the repair and create a working edge. Rectangular geometries and 1/2" deep sawcuts are preferred. Area within the repair should be prepared to achieve an International Concrete Repair Institute concrete surface profile equal to or greater than CSP 6. 3. Mechanically clean the exposed reinforcement to remove all corrosion (SSPC SP 3 min.). Where section loss of rebar appears excessive (>25%), consult with City Inspector for direction regarding need for replacement of rebar or supplemental reinforcement. 4. Coat prepared reinforcing steel with Sika Armatec 110 EpoCem corrosion inhibiting primer. Apply in two coats at a minimum of 20 mils (0.5 mm) per coat. Allow each coat to dry before proceeding. 5. Fill voids with SikaTop Plus repair mortars with integral corrosion inhibitor. Use SikaTop 111 Plus for forming and pouring applications; SikaTop 122 Plus for horizontal trowel applications; and SikaTop 123 Plus for vertical or overhead applications. Apply products per the recommendations and limitations found in the most current technical product data sheets which can be accessed at www.sikaconstruction.com. Revised 06/10/09 Beach Access Improvements Page 101 of 102 Pages Contract No. 3896 Post Corner Concrete Repair This repair follows the same outline as "Concrete Repair to Rebar" above. However, for post corner concrete repairs the repair area will extend to behind the handrail post. When concrete is removed in Step 2, the existing handrail post shall be protected in place and undamaged. The handrail post and exposed rebar shall be cleaned and coated in Steps 3 and 4 respectively. When repair mortar is used in Step 5, a new post hole will be formed around the existing handrail post. See Section B-B on Sheet 3 in Appendix A of this contract. The space around the handrail post will be filled with an epoxy grout (Sikadur 32 HIMOD). Apply products per the recommendations and limitations found in the most current technical product data sheets which can be accessed at www.sikaconstruction.com. Post Corner Concrete Repair and Replace Bottom of Post This repair follows the same outline as "Concrete Repair to Rebar" above. However, for post corner concrete repairs the repair area will extend to behind the handrail post. In addition, the bottom 12 to 18 inches of the handrail post shall be cut cleanly off and a new piece of galvanized steel handrail (ASTM A53 Grade B seamless steel) shall be welded onto the cut end of the handrail (square-groove weld, butt joint). The welds shall be ground smooth. The new piece of handrail shall extend 8 inches into the concrete stairs and be held in the post hole with epoxy grout (Sikadur 32 HIMOD). The new piece of handrail shall be painted to match the coating on the existing handrails. Apply products per the recommendations and limitations found in the most current technical product data sheets which can be accessed at www.sikaconstruction.com. Adhesive Anchor Embedment Follow directions for Sikadur AnchorFix 2. Drill holes with hammer drill and carbide bit. Minimum embedment of 6 inches. Drilled hole diameter equal to bar diameter plus 1/8". Fill drilled hole with epoxy adhesive: Sikadur AnchorFix 2. Insert bar into epoxy-filled hole immediately. Apply products per the recommendations and limitations found in the most current technical product data sheets which can be accessed at www.sikaconstruction.com. Revised 06/10/09 Beach Access Improvements Page 102 of 102 Pages Contract No. 3896 SSPC SP1 solvent cleaning SP2 hand tool cleaning SP3 power tool cleaning SP5 white metal blast cleaning SP6 commercial blast cleaning SP7 brush-off blast cleaning SP8 pickling SP10 near white blast cleaning SP11-87T power tool cleaning to bare metal NACE N/A N/A N/A 1 3 4 2 N/A Description Removal of oil, grease, dirt, soil and contaminants by cleaning with solvent, vapor, alkali, emulsion or steam. Removal of loose rust, loose mill scale and loose paint by hand shipping, scraping, sanding and wire brushing. Removal of loose rust, loose mill scale and loose paint by power tool chipping, descaling, sanding, wire brushing and grinding. Removal of all visible rust, mill scale, paint and foreign matter by blast cleaning. Blast cleaning until at least two-thirds of each square inch is free of all visible residues. Blast cleaning of all except tightly adhered residues of mill scale, rust, and coatings. Complete removal of rust and mill scale by acid pickling, electrolytic pickling. **** Blast cleaning until at least 95% of each square inch is free of all visible rust, mill scale, paint and foreign matter. Removal of all visible rust, mill scale, paint and foreign matter using power tools and producing a minimum profile of 1 mil. NACE - National Association of Corrosion Engineers SSPC - Steel Structures Painting Council CONCRETE RESTORATION Spec ComP°nent: SC-026-03/10SikaTop 111 Plus DIVISION 3 - CONCRETE Section 03550 - Concrete Toppings Section 03720 - Concrete Resurfacing Section 03730 - Concrete Rehabilitation Part 1 - General 1.01 Summary A. This specification describes the patching or overlay of interior and/or exterior horizontal surfaces with a polymer- modified, portland cement mortar/concrete. 1.02 Quality Assurance A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qaulified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qaulified personnel who have receivced product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.03 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.04 Job Conditions A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 40°F (5°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified material. 1.05 Submittals A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty A. Provide a written warranty from the manufacturer against defects of materials for a period of one (1) year, beginning with date of substantial completion of the project. Part 2 - Products 2.01 Manufacturer A. SikaTop 111 Plus, as manufactured by Sika Corporation, is considered to conform to the requirements of this specification. 2.02 Materials A. Polymer-modified Portland cement mortar: 1. Component A shall be a liquid polymer emulsion of an acrylic copolymer base and additives. a. pH: 4.5-6.5 b. Film Forming Temperature: 73°F max. c. Tear Strength: 950-psi min. d. Elongation at Break: 500% min. e. Particle Size: less than 0.1 micron 2. Component A shall contain an organic, penetrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via ASTM G3 (half-cell potential tests). The corrosion inhibitor shall not be calcium nitrite, and shall have a minimum of 5 years of independent field testing to document performance on actual construction projects. 3. Component B shall be a blend of selected portland cements, specially graded aggregates, admixtures for controlling setting time, water reducers for workability, and an organic accelerator. 4. The materials shall be non-combustible, both before and after cure. 5. The materials shall be supplied in a factory-proportioned unit. 6. The polymer-modified, portland cement mortar must be placeable from 1/2-in. to 1-in. in depth per lift for horizontal applications. B. To prepare a polymer-modified portland cement concrete: aggregate shall conform to ASTM C-33. The factory- proportioned unit shall be extended with 42-lb. max. of a 3/8 in. ( No.8 distribution per ASTM C-33, Table H) «•—•* clean, well-graded, saturated surface dry aggregate, having low absorption and high density. Aggregate must be approved for use by the engineer. 2.03 Performance Criteria A. Typical Properties of the mixed polymer-modified, portland cement mortar: 1. Working Time: Approximately 30 minutes 2. Finishing Time: 50-120 minutes 3. Color: concrete gray B. Typical Properties of the cured polymer-modified, portland cement mortar: 1. Compressive Strength (ASTM C-109 Modified) a. 1 day: 2500 psi min. (17.2 MPa) b. 7 day: 5500 psi min. (37.9 MPa) c. 28 day: 7000 psi min. (48.3 MPa) 2. Flexural Strength (ASTM C-293) @ 28 days: 1500 psi (10.3 MPa) 3. Splitting Tensile Strength (ASTM C-496) @ 28 days 700 psi (4.8 MPa) 4. Bond Strength (ASTM C-882 Modified) @ 28 days: 2500 psi (17.2 MPa) 5. The portland cement mortar shall not produce a vapor barrier. 6. Density(wet mix): 136 Ibs. / cu. ft. (2.18 kg/1) 7. Permeability (AASHTO T-277 @ 28 days Approximately 500 Coulombs) Note: Tests above were performed with the material and curing conditions @71°F - 75°F and 45-55% relative humidity. Part 3 - Execution 3.01 Surface Preparation A. Areas to be repaired must be clean, sound, and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means. Mechanically prepare the concrete substrate to obtain a surface profile of+/- 1/16" (CSP 5 or greater as per ICRI Guidelines) with a new exposed aggregate surface. Area to be patched shall not be less than 1/2" in depth. B. Where reinforcing steel with active corrosion is encountered, sandblast the steel to a white metal finish to remove all contaminants and rust. Where corrosion has occurred due to the presence of chlorides, the steel shall be high pressure washed after mechanical cleaning. Prime steel with 2 coats of Sika Armatec 110 EpoCem as directed by manufacturer. (See Spec Component SC-201-0699) 3.02 Mixing and Application A. Mechanically mix in appropriate sized mortar mixer or with a Sika jiffy paddle and low speed (400-600 rpm) drill. Pour approximately 4/5 gal Component A into the mixing container. Add Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix if a more loose consistency is desired. Should smaller quantities be needed, be sure the components are measured in the correct ratio and that the Component B is uniformly blended before mixing the components together. Mix only that amount of material that can be placed in 30 minutes. Do not retemper material. B. Mixing of the polymer-modified portland cement concrete: Pour all (1-gal) of Component A into the mixing container. Add Component B while continuing to mix. Add correct amount of the pre-approved coarse aggregate, and continue mixing to a uniform consistency. Mixing time should be 3 minutes maximum. C. Placement Procedure: At the time of application, the substrate should be saturated surface dry with no standing water. Mortar and/or concrete must be scrubbed into substrate filling all pores and voids. While the scrub coat is still wet, force material against edge of repair, working toward center. If repair area is too large to fill while scrub coat is still wet use Sika Armatec 110 EpoCem in lieu of scrub coat (See Spec Component SC-200). After filling, consolidate, then screed. Allow mortar or concrete to set to desired stiffness, then finish with trowel, manual or power, for smooth surface. Broom or burlap drag for rough surface. Areas where the depth of the repair is less than 1-inch shall be repaired with polymer-modified portland cement mortar. In areas where the depth of the repair is greater than 1 inch, the repair shall be made with polymer-modified portland cement concrete. D. As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water-based* compatible curing compound. Moist curing should commence immediately after finishing and continue for 48 hours. Protect newly applied material from rain, sun, and wind until compressive strength is 70% of the 28-day compressive strength. To prevent from free/ing cover with insulating material. Setting time is dependent on temperature and humidity. *Pretesting of curing compound is recommended. E. Adhere to all procedures, limitations and cautions for the polymer-modified portland cement mortar in the manufacturers current printed technical data sheet and literature. 3.05 Cleaning A. The uncured polymer-modified portland cement mortar can be cleaned from tools with water. The cured polymer - modified portland cement mortar can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. SC-026 SikaTop® 111 Plus Crack Repair 1. Substrate shall be clean, sound and lattinance-free prior to repairing. 2. Pre-soak the substrate to provide saturated surface dry (SSD) condition prior to applying repair material. 3. Apply scrub coat of the repair material to the prepared substrate. 4. While scrub coat is wet place SikaTop 111 Plus, filling the entire cavity. Strike off and finish as required. Wet cure and protect as per the technical data sheet. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-026 SikaTop® 111 Plus Hand-applied Repair 1. Substrate shall be clean, sound and lattinance- free prior to repairing. (Refer to ICRI Technical Guideline No. 03730.) 2. Pre-soak the substrate to provide saturated surface dry (SSD) condition prior to applying repair material. 3. Apply scrub coat of the repair material to the prepared substrate, filling all pours and voids. 4. While scrub coat is wet place SikaTop 111 Plus, filling the entire cavity. Strike off and finish as required. Wet cure and protect as per the technical data sheet. Note: 1. 2. 3. If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 EpoCem in lieu of the scrub coat. (See Spec Component SC-200) If reinforcing steel is located within the repair location refer to Spec Component SC-201 For applications greater than 1" in depth, add 3/8" coarse aggregate in accordance to the technical data sheet. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-026 SikaTop® 111 Plus Form & Pour Repair 1. Substrate shall be clean, sound and lattinance-free prior to repairing. (Refer to ICRI Technical Guideline No. 03730.) 2. Fit form, provide vent holes and chip spot for pour box. Apply release agent to form, or use plastic lined plywood. 3. Anchor form and seal perimeter with bead of Sikaflex la, let cure. 4. Fill with water to check for water tightness and to provide saturated surface dry (SSD) substrate. Let drain to no free standing water. 5. Mix and place SikaTop 111 Plus as per the technical data sheet. 6. Vibrate form while pouring SikaTop 111 Plus. 1. Vent holes to be capped when steady flow is evident. 8. Strip form when appropriate. 9. Dry pack anchor holes with SikaGrout 212. Note: 1. If reinforcing steel is located within the repair location refer to Spec Component SC-201 2. For applications greater than 1" in depth, add 3/8" coarse aggregate in accordance to the technical Hata sheet Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 The preceding specifications are provided by Sika Corporation as a guide for informational purposes only and are not intended to replace sound engineering practice and judgment and should not be relied upon for that purpose. SIKA CORPORATION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR THE CONTENTS OF THESE GUIDE SPECIFICATIONS. Sika Corporation assumes no liability with respect to the provision or use of these guide specifications, nor shall any legal relationship be created by, or arise from, the provision of such specifications SIKA SHALL NOT BE RESPONSIBLE UNDER ANY LEGAL THEORY TO ANY THIRD PARTY FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE GUIDE SPECIFICATIONS. The specifier, architect, engineer or design professional or contractor for a particular project bears the sole responsibility for the preparation and approval of the specifications and determining their suitability for a particular project or application. Prior to each use of any Sika product, the user must always read and follow the warnings and instructions on the product's most current Technical Data Sheet, product label and Material Safety Data Sheet which are available at www.sikaconstruction.com or by calling (201) 933-7452. Nothing contained in any Sika materials relieves the user of the obligation to read and follow the warnings and instructions for each Sika product as set forth in the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. o SC-026 SikaTop® 111 Plus Overlay 1. Substrate shall be clean, sound and lattinance- free prior to repairing. Surface profile shall be a CSP 5-8. (Refer to ICRI Technical Guideline No. 03730.) 2. Pre-soak the substrate to provide saturated surface dry (SSD) condition prior to applying repair material. 3. Apply scrub coat of the repair material to the prepared substrate, filling all pours and voids. 4. While scrub coat is wet place SikaTop 111 Plus, filling the entire cavity. Strike off and finish as required. Wet cure and protect as per the technical data sheet. 1/2" min. V x^ V V <\N t- >^ < o ^ t> Note: 1. 2. 3. If repair area is too in lieu of the scrub If reinforcing steel large coat. to fill (See is located For applications greater than while scrub coat is still wet, use Sika Armatec HOEpoCem Spec Component SC-200) within the repair r' in depth,add location 3/8' refer to Spec Component SC-20 1 ' coarse aggregate in accordance to the technical data sheet. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 .CONCRETE RESTORATION SYSTEMS sPec Component: SC-025-0300 SikaTop 122 Plus DIVISION 3 - CONCRETE Section - 03550 Concrete Toppings 03720 Concrete Resurfacing 03730 Concrete Rehabilitation Part 1 - General 1.01 Summary A. This specification describes the patching or overlay of interior and/or exterior horizontal surfaces with a polymer- modified, portland cement mortar/concrete. 1.02 Quality Assurance A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qualified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qualified personnel who have received product training by a manufacturer's representative C. Install materials in accordance with all safety and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.03 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.04 Job Conditions A, Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 45°F (7°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified material. 1.05 Submittals A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty A. Provide a written warranty from the manufacturer against defects of materials for a period of five (5) years, beginning with date of substantial completion of the project. Part 2 - Products 2.01 Manufacturer A. SikaTop 122 Plus, as manufactured by Sika Corporation, is considered to conform to the requirements of this specification. 2.02 Materials A. Polymer-modified Portland cement mortar: 1. Component A shall be a liquid polymer emulsion of an acrylic copolymer base and additives. a. pH: 4.5-6.5 b. Film Forming Temperature: 73°F max. c. Tear Strength: 950-psi min. d. Elongation at Break: 500% min. e. Particle Size: less than 0.1 micron 2. Component A shall contain an organic, penetrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via ASTM G3 (half-cell potential tests). The corrosion inhibitor shall not be calcium nitrite, and shall have a minimum of 5 years of independent field testing to document performance on actual construction projects. 3. Component B shall be a blend of selected portland cements, specially graded aggregates, admixtures for controlling setting time, water reducers for workability, and an organic accelerator. 4. The materials shall be non-combustible, both before and after cure. 5. The materials shall be supplied in a factory -proportioned unit. 6. The polymer-modified, portland cement mortar must be placeable from 1/8-in. to 1-in. in depth per lift for horizontal applications. ,-" B. To prepare a polymer-modified portland cement concrete: aggregate shall conform to ASTM C-33. The factory proportioned unit shall be extended with 42-lb. max. of a 3/8 in. (No.8 distribution per ASTM C-33, Table II) clean, well-graded, saturated surface dry aggregate, having low absorption and high density. Aggregate must be approved for use by the Engineer. 2.03 Performance Criteria A. Typical Properties of the mixed polymer-modified, portland cement mortar: 1. Working Time: Approximately 30 minutes 2. Finishing Time: 50-120 minutes 3. Color: concrete gray B. Typical Properties of the cured polymer-modified, portland cement mortar: 1. Compressive Strength (ASTM C-109 Modified) a. 1 day: 3000 psi min. (20.7 MPa) b. 7 day: 5500 psi min. (37.9 MPa) c. 28 day: 7000 psi min. (48.3 MPa) 2. Flexural Strength (ASTM C-293) @ 28 days: 2000 psi (13.8 MPa) 3. Splitting Tensile Strength (ASTM C-496) @ 28 days 750 psi (5.2 MPa) 4. Bond Strength (ASTM C-882 Modified) @ 28 days: 2200 psi (15.2 MPa) 5. The portland cement mortar shall not produce a vapor barrier. 6. Density(wet mix): 136 Ibs. / cu. ft. (2.18 kg/1) 7. Permeability (AASHTO T-277 @ 28 days Approximately 500 Coulombs) «aeji$Note: Tests above were performed with the material and curing conditions @ 71°F- 75°F and 45-55% relative humidity. Part 3 - Execution 3.01 Surface Preparation A. Areas to be repaired must be clean, sound, and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means. Mechanically prepare the concrete substrate to obtain a surface profile of+/-1/16" (CSP 5 or greater as per ICRI Guidelines) with a new exposed aggregate surface. Area to be patched shall not be less than 1/8" in depth. B. Where reinforcing steel with active corrosion is encountered, sandblast the steel to a white metal finish to remove all contaminants and rust. Where corrosion has occurred due to the presence of chlorides, the steel shall be high pressure washed after mechanical cleaning. Prime steel with 2 coats of Sika Armatec 110 EpoCem as directed by manufacturer. (See Spec Component SC-201-0699) 3.02 Mixing and Application A. Mechanically mix in appropriate sized mortar mixer or with a Sika jiffy paddle and low speed (400-600 rpm) drill. Pour approximately 4/5 gal Component A into the mixing container. Add Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix if a more loose consistency is desired. Should smaller quantities be needed, be sure the components are measured in the correct ratio and that the Component B is uniformly blended before mixing the components together. Mix only that amount of material that can be placed in 30 minutes. Do not retemper material. B. Mixing of the polymer-modified portland cement concrete: Pour all (1-gallon) of Component A into the mixing container. Add Component B while continuing to mix. Add correct amount of the pre-approved coarse aggregate, and continue mixing to a uniform consistency. Mixing time should be 3 minutes maximum. C. Placement Procedure: At the time of application, the substrate should be saturated surface dry with no standing water. Mortar and/or concrete must be scrubbed into substrate filling all pores and voids. While the scrub coat is still plastic, force material against edge of repair, working toward center. If repair area is too large to fill while scrub coat is still wet use Sika Armatec 110 EpoCem in lieu of scrub coat (See Spec Component SC-200). After filling, consolidate, then screed. Allow mortar or concrete to set to desired stiffness, then finish with trowel, manual or power, for smooth surface. Broom or burlap drag for rough surface. Areas where the depth of the repair is less than 1-inch shall be repaired with polymer-modified portland cement mortar. In areas where the depth of the repair is greater than 1 inch, the repair shall be made with polymer-modified portland cement concrete. D. As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water-based* compatible curing compound. Moist curing should commence immediately after finishing and continue for 48 hours. Protect newly applied material from rain, sun, and wind until compressive strength is 70% of the 28-day compressive strength. To prevent from freezing cover with insulating material. Setting time is dependent on temperature and humidity. *Pretesting of curing compound is recommended. E. Adhere to all procedures, limitations and cautions for the polymer-modified portland cement mortar in the manufacturers current printed technical data sheet and literature. 3.05 Cleaning A. The uncured polymer-modified portland cement mortar can be cleaned from tools with water. The cured polymer - modified portland cement mortar can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. SC-025 SikaTop* 122 Plus Crack Filler ' ' ?• Wv- ;ff;f 5i'- 1. Repair area should not be less than /8" in depth. 2. Apply scrub coat to the prepared substrate. 3. While scrub coat is still wet place SikaTop 122 Plus, filling the entire cavity. 4. Strike off and level as required. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-025 SikaTop® 122 Plus Hand-applied Repair 3~A /— 4 1. Repair area should not be less than /8" in depth. 2. Substrate should be saturated surface dry (SSD) with no standing water. 3. Apply scrub coat to substrate, filling all pores and voids. 4. While scrub coat is still wet apply SikaTop 122 Plus. Note: If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 EpoCem in lieu of the scrub coat. (See Spec Component SC-200) For applications greater than 1" in depth, add a /8" coarse aggregate. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-025 SikaTop® 122 Plus Overlay 1. Repair area should not be less than /8" in depth. 2. Substrate should be saturated surface dry (SSD) with no standing water. 3. Apply scrub coat to substrate, filling all pores and voids. 4. While scrub coat is still wet apply SikaTop 122 Plus. Note: If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 EpoCem in lieu of the scrub coat. (See Spec Component SC-200) For applications greater than 1" in depth, add a 3/8" coarse aggregate. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 CONCRETE1 BBCTORATION Spec ComPonent: SC-027-0300 SYSTEMS SikaTop 123 Plus DIVISION 3 - CONCRETE Section 03730 Concrete Rehabilitation Part 1 - General 1.01 Summary A. This specification describes the patching of interior and/or exterior vertical or overhead surfaces with a polymer- modified, portland cement mortar. 1.02 Quality Assurance A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qualified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qualified personnel who have received product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.03 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the rmnufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.04 Job Conditions A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 45°F (7°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified material. 1.05 Submittals A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty A. Provide a written warranty from the manufacturer against defects of materials for a period of five (5) years, beginning with date of substantial completion of the project. Part 2 - Products 2.01 Manufacturer A. SikaTop 123 Plus, as manufactured by Sika Corporation, is considered to conform to the requirements of this specification. 2.02 Materials A. Polymer-modified Portland cement mortar: 1. Component A shall be a liquid polymer emulsion of an acrylic copolymer base and additives. a. pH: 4.5-6.5 b. Film Forming Temperature: 73°F max. c. Tear Strength: 950-psi min. d. Elongation at Break: 500% min. e. Particle Size: less than 0.1 micron 2. Component A shall contain an organic, penetrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via ASTM G3 (half-cell potential tests). The corrosion inhibitor shall not be calcium nitrite, and shall have a minimum of 5 years of independent field testing to document performance on actual construction projects. 3. Component B shall be a blend of selected portland cements, specially graded aggregates, admixtures for controlling setting time, water reducers for workability, and an organic accelerator. 4. The materials shall be non-combustible, both before and after cure. 5. The materials shall be supplied in a factory-proportioned unit. 6. The polymer-modified, portland cement mortar must be placeable from 1/8" to 1-1/2" in depth per lift for vertical applications and 1/8" to 1" in depth for overhead applications. 2.03 Performance Criteria A. Typical Properties of the mixed polymer-modified, portland cement mortar: 1. Working Time: Approximately 10 - 15 minutes 2. Finishing Time: 20 - 60 minutes 3. Color: concrete gray B. Typical Properties of the cured polymer-modified, portland cement mortar: 1. Compressive Strength (ASTM C-109 Modified) a. 1 day: 3500 psi min.(24.1 MPa) b. 7 day: 6000 psi min. (44.8 MPa) c. 28 day: 7000 psi min. (48.3 MPa) 2. Flexural Strength (ASTM C-293) @ 28 days: 2000 psi (13.8 MPa) 3. Splitting Tensile Strength (ASTM C-496) @ 28 days: 900 psi (6.2 MPa) 4. Bond Strength (ASTM C-882 Modified) @ 28 days: 2200 psi (15.2 MPa) 5. The portland cement mortar shall not produce a vapor barrier. 6. Density (wet mix): 132 Ibs. / cu. ft. (2.2 kg/1) 7. Permeability - AASHTO T-277 @ 28 days Approximately 500 Coulombs Note: Tests above were performed with the material and curing conditions @ 71°F- 75°F and 45-55% relative humidity. Part 3 - Execution 3.01 Surface Preparation A. Areas to be repaired must be clean, sound, and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means. Mechanically prepare concrete substrate to obtain a surface profile of+/-1/16" (CSP 5 or greater as per ICRI Guidelines) with a new exposed aggregate surface. Area to be patched shall not be less than 1/8" in depth. B. Where reinforcing steel with active corrosion is encountered, sandblast the steel to a white metal finish to remove all contaminants and rust. Where corrosion has occurred due to the presence of chlorides, the steel shall be high pressure washed after mechanical cleaning. Prime steel with 2 coats of Sika Armatec 110 EpoCem as per the technical data sheet. (See Spec Component SC-201-0699) 3.02 Mixing and Application A. Mechanically mix in an appropriate sized mortar mixer or with a Sika mud paddle and low speed (400-600 rpm) drill. Pour approximately 4/5 gal Component A into the mixing container. Add Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix for desired consistency. Should smaller quantities be needed, be sure the components are measured in the correct ratio and that the Component B is uniformly blended before mixing the components together. Mix only that amount of material that can be placed in 10 -15 minutes. Do not retemper material. B. Placement Procedure: At the time of application, the substrate shall be saturated surface dry with no standing water. Mortar must be scrubbed into substrate filling all pores and voids. While the scrub coat is still plastic, force material against edge of repair, working toward center. If repair area is too large to fill while scrub coat is still wet use Sika Armatec 110 EpoCem in lieu of scrub coat. (See spec component SC-200-0699) After filling, consolidate then screed. Allow mortar to set to desired stiffness then finish with trowel for smooth surface. Wood float or sponge float for a rough surface. Areas where the depth of the repair area to sound concrete is greater than 1-1/2", the repair shall be made in lifts of 1-1/2" maximum thickness. The top surface of each lift shall be scored to produce a rough surface for the next lift. The preceding lift shall be allowed to reach final set before applying fresh material. The fresh mortar must be scrubbed into the preceding lift. D. As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water-based* compatible curing compound. Moist curing should commence immediately after finishing and continue for 48 hours. Protect newly applied material from rain, sun, and wind until compressive strength is 70% of the 28-day compressive strength. To prevent from freezing cover with insulating material. Setting time is dependent on temperature and humidity. *Pretesting of curing compound is recommended. E. Adhere to all procedures, limitations and cautions for the polymer-modified portland cement mortar in the manufacturers current printed technical data sheet and literature. 3.05 Cleaning A. The uncured polymer-modified portland cement mortar can be cleaned from tools with water. The cured polymer - modified portland cement mortar can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. SC-027 SikaTop* 123 Plus Crack Filler (Vertical / Overhead) 1. Repair area should be no less than Vs" in depth. 2. Apply scrub coat to prepared substrate. 3. While scrub coat is still wet place SikaTop 123 Plus filling the entire cavity. 4. Strike off and level as required. 5 36 A ' V,- '<•' " V* *• -, y? s" " ||^^^^%^^•^^^•P^T \ -I^V.V" \ ^'" ^ ^ • /> -•..' :,>x.y; ^\:--.s ^.r. -•* " 7 & •,'?-• ' **• • V r &£&,:' ' »:* ^. *£?:** 7' * A /a A '-.4 * ' vj> ; • -"^." ' & / Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-027 SikaT°p8123 Hand-applied (Vertical / Overhead) 1. Repair area should not be less than Vs" in depth. 2. Substrate should be saturated surface dry (SSD) with no standing water during application. 3. Apply scrub coat to the substrate, filling all pores and voids. 4. While scrub coat is still wet apply SikaTop 123 Plus. Note: If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 EpoCem in lieu of the scrub coat. (See Spec Component SC-200) For applications greater than l-Yz" in depth, apply SikaTop 123 Plus in lifts. Score the top surface of each lift to produce a roughened surface for the next lift. Allow preceding lift to reach final set. Repeat from step 3. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 Spec Component: SC-201-0907 Sika Armatec 110 EpoCem CONCRETE RESTORATION SYSTEMS DIVISION 9 - FINISHES Section 09800 - SPECIAL COATINGS Section 09870 - Coating Systems for Steel Part 1 - General 1.01 Summary A. This specification describes the use of a 3-component, epoxy-modified, cementitious, anti-corrosion coating for reinforcing steel in concrete restoration. 1.02 Quality Assurance A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qaulified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qaulified personnel who have receivced product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer, or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.03 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.04 Job Conditions A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 40°F (5°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified coating. 1.05 Submittals A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty A. Provide a written warranty from the manufacturer against defects of materials for a period of one (1) years, beginning with date of substantial completion of the project. -<«•«*•'' »», Part 2 - Products 2.01 Manufacturers A. Sika Armatec 110 EpoCem, as manufactured by Sika Corporation, is considered to conform to the requirements of this specification. 2.02 Materials A. Epoxy resin/portland cement adhesive shall be Sika Armatec 110 EpoCem 1. Component "A" shall be an epoxy resin/water emulsion containing suitable viscosity control agents. It shall not contain butyl glycidyl ether. 2. Component "B" shall be primarily a water solution of a polyamine. 3. Component "C" shall be a blend of selected portland cements and sands. 4. The material shall not contain asbestos. 2.03 Performance Criteria A. Properties of the mixed epoxy resin/portland cement adhesive. 1. Pot Life: 90 minutes @ 73° F 2. Contact Time: 95°F (35°C) 6 hours 80-95F (26-35C) 6 Hours 65-79F(18-26C) 12 Hours 50-64F(10-17C) 16 Hours 40-49F (4-9C) wet on wet 3. Color: dark gray B. Properties of the cured epoxy resin/portland cement adhesive. 1. Compressive Strength (ASTM C-109) a 3day:4500psi (31.0MPa) b. 7day:6500psi (44.8 MPa) c. 28 day: 8500 psi (58.6 MPa) 2. Splitting Tensile Strength (ASTM C-496) a. 28 days: 600 psi (4.1 MPa) 3. Flexural Strength (ASTM C-348) a. 1250 psi (8.6 MPa) 4. Bond Strength ASTM C-882 at 14 days a. Wet on Wet, 0-hr, open time: 2800 psi (19.3 MPa) b. 24-hr, open time: 2600 psi (17.9 MPa) 5. Bond of Steel Reinforcement to Concrete (Pullout Test) a. Sika Armatec 110 EpoCem coated 625-psi (4.3 MPa) b. Epoxy coated 508 psi (3.5 MPa) c. Plain Reinforcement 573 psi (3.95 Mpa) 6. The epoxy resin/portland cement adhesive shall not produce a vapor barrier. 7. Material must be proven to prevent corrosion of reinforcing steel when tested under the procedures as set forth by the Federal Highway Administration Program Report No. FHWA/RD86/193. Proof shall be in the form of an independent testing laboratory corrosion report showing prevention of corrosion of the reinforcing steel. Note: Tests above were performed with material and curing conditions at 73°F and 45-55% relative humidity. Part 3 - Execution 3.01 Mixing and Application A. Mixing the epoxy resin: Shake contents of Components "A" and Component "B". Completely empty both components into a clean, dry mixing pail. Mix thoroughly for 30 seconds using a jiffy paddle with a low- speed (400-600 rpm) drill. Slowly add the entire contents of Component "C" while continuing to mix for 3 minutes until uniform with no lumps. Mix only that quantity that can be applied within its pot life. B. Placement procedure: 1. Apply to prepared steel surface with a stiff-bristle brush, or "hopper type" spray equipment at 20 mils minimum thickness. Properly coat the underside of the totally exposed steel. Allow to dry (approx. 2 - 3 hours) then apply a second coat at 20 mils minimum thickness. Allow drying again before placing repair mortar. C. Adhere to all limitations and cautions for the epoxy resin/portland cement adhesive in the manufacturers current printed literature. 3.02 Cleaning A. The uncured epoxy resin/portland cement adhesive can be cleaned from tools with water. The cured epoxy resin/portland cement adhesive can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. 3 SC-201 Sika® Armatec 110 EpoCem Anti-corrosion 1. Apply Sika Armatec 110 EpoCem with stiff bristle brush or spray 20 mils thick, covering all exposed steel. Cure to tack- free 2-3 hours. 2. Apply a second coat at 20 mils. Allow to dry again before applying repair mortar or concrete. 1. 2. ww\! Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 Product Data Sheet Edition 6.2003 Identification no. 182 Sika Armatec 110 EpoCem <» ? Sika Armatec® 110 EpoCem Bonding Agent and Reinforcement Protection Description Sika Armatec 110 EpoCem is a 3-component, solvent-free, moisture-tolerant, epoxy-modified, cementitious product specifically formulated as a bonding agent and an anti-corrosion coating. Where to Use Advantages Coverage Packaging As an anti-corrosion coating for reinforcing steel in concrete restoration. As added protection to reinforcing steel in areas of thin concrete cover. As a bonding agent for repairs to concrete and steel. As a bonding agent for placing fresh, plastic concrete to existing hardened concrete. Excellent adhesion to concrete and steel. Acts as an effective barrier against penetration of water and chlorides. Long open time - up to 16 hours. Not a vapor barrier. Can be used exterior on-grade. Contains corrosion inhibitors. Excellent bonding bridge for cement or epoxy based repair mortars. High strength, unaffected by moisture when cured. Spray, brush or roller application. Non-flammable, solvent free. Bonding agent: minimum (theoretical) on smooth, even substrate 80 sq. ft./gal. (=20 mils thickness). Cov- erage will vary depending on substrate profile and porosity. Reinforcement Protection: 40 sq. ft./gal. (=20 mils thickness) (2 coat application). 3.5 gal. unit. (47.6 fl. oz. Comp. A -H22.1 fl. oz. Comp. B + 46.82 Ib. Comp. C) Comp. A + B in carton, Comp. C in multi-wall bag. 1.65 gal. unit. (22.7 fl. oz. A+ 57.6 fl. oz. B +4 bags @ 5.5 Ib.) Factory-proportioned units in a pail. Typical Data (Material and curing conditions @ 73°F and 50% R.H.) Shelf Life Storage 1 year in original, unopened packaging. Store dry at 40°-95°F (4°-350C). Condition material to 65°-75°F (180-24°C) before using. If components A and B are frozen, discard. Protect Component C from humidity. Color Concrete gray Density (Mixed) 125 Ib./cu. ft. (2.0 kg.) Pot Life Approximately 90 minutes Compressive Strength (ASTMC-109) 3 days 4500 psi 7 days 6500 psi 28 days 8500 psi Flexural Strength (ASTM C-348) 28 days 1250 psi (8.6 MPa) Splitting Tensile Strength (ASTM C-496) 28 days 600 psi (4.1 MPa) Important Data for Sika Armatec 110 as a Corrosion Protective Coating Water Water Permeability at 10 bar (145 psi) 8.92x1 a15 ft./sec. Control 7.32 x10-10 ft./sec. (31.0 MPa) (44.8 MPa) (58.6 MPa) Water vapor diffusion coefficient M H,O 110 Carbon Dioxide Carbon dioxide diffusion coefficient M CO2 14000 TEST DATA: Tlme-to-Corrosion Study - Sika Armatec 110 more than tripled the time to corrosion - Reduced corrosion rate by over 40% Important Data for Sika Armatec 110 as a Bonding Agent Bond Strength (ASTM C882) 14 days moist cure, plastic concrete to hardened concrete: Wet on Wet 2800 psi (19.3 MPa) 24 hr. Open Time 2600 psi (17.9 MPa) Bond of Steel Reinforcement to Concrete (Pullout Test): Sika Armatec 110 Coated 625 psi (4.3 MPa) Epoxy Coated 508 psi (3.5 MPa) Plain Reinforcement 573 psi (3.95 MPa) -1 .» "-.-I*<-, •* ?* •** a Oi f *• — * w How to Use Surface Preparation Cementltious substrates: Should be cleaned and prepared to achieve a laitance and contaminant-free surface prepared in accordance with the requirements specified by the overlay or repair material by blast cleaning or equivalent mechanical means. Substrate must be saturated surface dry (SSD) with no standing water. Steel: Should be cleaned and prepared thoroughly by blast cleaning. Mixing Shake contents of both Component 'A' and Component 'B'. Empty entire contents of both Component 'A' and Component 'B' into a clean, dry mixing pail. Mix thoroughly for 30 seconds with a Sika paddle on a low speed (400-600 rpm) drill. Slowly add the entire contents of Component 'C' while continuing to mix for 3 minutes until blend is uniform and free of lumps. Mix only that quantity that can be applied within its pot life. Application As a bonding agent - Apply by stiff-bristle brush or broom. Spray apply with Goldblatt Pattern Pistol or equal equipment. For best results, work the bonding slurry well into the substrate to ensure complete cover- age of all surface irregularities. Apply the freshly mixed patching mortar or concrete wet on wet, or up to the maximum recommended open time, onto the bonding slurry. Maximum recommended open time between application of Armatec 110 and patching mortar or concrete: 80°-95°F (26°-35°C) 6 hours 65°-79°F (18°-26°C) 12 hours 50°-64°F (10°-17°C) 16 hours 40°-49°F (4°-9°C) wet-on-wet For corrosion protection only -Apply by stiff-bristle brush or spray at 80 sq. ft./gal. (20 mils). Take special care to properly coat the underside of the totally exposed steel. Allow coating to dry 2-3 hours @ 73°F, then apply a second coat at the same coverage. Allow to dry again before the repair mortar or concrete is ap- plied. Pour or place repair within 7 days. -jf •? ?j Limitations «**•'••»-•, ^ * *r . *3V ^ V,H.->.«- •> ,«rfr-*i b^s» J 3i ***^<t*^, * 3 < « f *,*& ^ ^ « V ^ Clean-Up Substrate and ambient temperature: Minimum 40°F (5°C). Maximum 95°F (35°C). Minimum thickness: As a bonding agent 20 mils. For reinforcement protection 40 mils. (2 coats, 20 mils each). Not recommended for use with expansive grouts. Use of semi-dry mortars onto Sika Armatec 110 EpoCem must be applied "wet on wet". When used in overhead applications with hand placed patching mortars, use "wet on wet" for maximum mortar build thickness. Substrate profile as specified by the overlay or repair material is still required. As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur Hi-Mod 32. i Caution Part A & B: IRRITANT; SENSITIZER - Can cause skin sensitization after prolonged or repeated contact. I Skin and eye irritant. High concentrations of vapor may cause respiratory irritation. Avoid skirl contact. Use only with adequate ventilation. Use of safety goggles and chemical resistant gloves is recommended. Part C: IRRITANT; SUSPECT CARCINOGEN - Contains crystalline silica, quartz (sand); cement. Skin and eye irritant. Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). (ARC list crystalline silica as having sufficient evidence of carcinogenicity to laboratory animals and limited evidence of carcinogenicity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety gloves is recommended. In case of high dust con- centrations or exceedance of PELs, use an appropriate NIOSH approved respirator.! ,—— ^ — —: First Aid In case of eye contact, wash immediately with soap and water for 15 minutes; immediately consult a physi- cian. In case of skin contact, wash with soap and water; consult a physician for irritation. For respiratory problems, remove person to fresh air and institute artificial respiration if necessary; consult a physician. In case of ingestion, immediately consult a physician. Wash clothing before reuse. In case of spills or leaks, wear suitable protective equipment, contain spill, collect with absorbent material, and transfer to a suitable container. Ventilate area. Avoid contact. Dispose of in accordance with current, applicable local, state, and federal regulations. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION • FOR INDUSTRIAL USE ONLY All information provided by Sika Corporation ("Sika") concerning Sika products, including but not limited to. any recommendations and advice relating to the application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when property stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi-tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice, recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommendations or instructions related to its products. The user of the Sika product(s) must test the product(s) for suitability for the intended application and purpose before proceeding with the full application of the produces). Sika reserves the right to change the properties of its products without notice.All sales of Sika productfs) are subject to its current terms and conditions of sale which are available at www.slkacorp.com or by calling 800-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructions on the product's most current Technical Data Sheet, product label and Material Safety Data Sheet which are available online at w»iw.»lli«constnicUon.com or by calling Sika's Technical Service Department at 800-933-7462. Nothing contained In any Sika materials relieves the user of the obligation to read and foHowthe warnings and Instruction for each Sika product as set forth In the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. LIMITED WARRANTY: Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. rKIOTHERVMRF«NTIESEXPI«SSORIMPUEDSHALLAPPLYINCLUOI^ANYWARRANTYOFMEFWHANTABIUTYORFITNESSFORAPARTICULAR Visit our website at www.sika Regional Information and Sal Sika Corporation 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 construction.com ta Centers. For the location of yc Sika Canada Inc. 601 Delmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax: 514-694-2792 1-800-933-SIKA NATIONWIDE >ur nearest Sika sales office, contact your regional center. Sika Mexicana S.A. de C.V. ^|N* Carretera Libre Celaya Km. 8.5 flS-W Fracc. Industrial Balvanera BT3B Corregidora. Queretaro ^Bflr C.P. 76920 .oS^.Phone: 52 442 2385800Fay *V> 449 99*ww*7 s*a and Armatec are registeredhax. M 442 1250537 * ...... . , . - 9 - J ; Product Data Sheet .£>;**• Edition 1.10.2008 'V 1, -.• Identification no. 770 $,- -! Sikadur 32, Hi-Mod Sikadur® 32, Hi-Mod High-modulus, high-strength, epoxy bonding/grouting adhesive Description Advantages Sikadur 32, Hi-Mod, is a multi-purpose, 2-component, 100% solids, moisture-tolerant structural epoxy adhesive. It conforms to the current ASTM C-881 and AASHTO M-235 specifications. Bond fresh, plastic concrete to hardened concrete and steel. Grout horizontal cracks in structural concrete and wood by gravity feed. Machinery and 'robotic' base-plate grout. Structural adhesive for concrete, masonry, metal, wood, etc. Super-strength bonding/grouting adhesive. Tolerant to moisture before, during and after cure. Excellent adhesion to most structural materials. Convenient easy-to-mix ratio A:B = 1:1 by volume. Easy-to-use for bonding/grouting applications. Fast initial set; rapid gain to ultimate strengths. USDA-certified for use in food plants. Coverage Bonding Adhesive -1 gal. covers approximately 80 sq. ft. on smooth surface. 1 Base Plate Grout -1 gal. mixed with 1.5 parts oven-dried aggregate by loose volume yields approximately 420 cu. in. of grout. Anchoring grout -1 gal. yields 231 cu. in. of grout. Typical Data (Material and curing conditions @ 73"F {23°C} and 50% R.H.) Shelf Life Storage Conditions Color Mixing Ratio Viscosity 2 years in original, unopened containers. Store dry at 40°-95°F (4°-35'C). Condition material to 65*-75«F (18°-24'>C) before using. Concrete gray Component 'A': Component 'B' = 1:1 by volume. Approximately 3,000 cps. Pot Life Approximately 30 minutes. (60 gram mass). Approximately 22 minutes. (350 gram mass, 8 oz.) Contact Time 40'F(4'C)*: 12hrs. 73°F (23°C)": 3-4.5 Mrs. 90"F(32°C)*: 1.5-2 hrs 2.1X105psi(1,449MPa)Compressive Modulus, psl 7 day Tensile Properties (ASTM D-638) 7 day Tensile Strength Elongation at Break 14 day Modulus of Elasticity Flexural Properties (ASTM D-790) 14 day Flexural Strength (Modulus of Rupture) Tangent Modulus of Elasticity in Bending Shear Strength (ASTM D-732) 14 day Shear Strength 6,900 psi (48 MPa) 1.9% 5.4 X105 psi (3,726 MPa) 7,000 psi (48.3 MPa) 6.9X10s psi (4,800 MPa) 6,200 psi (43 MPa) Water Absorption (ASTM D-570) 7 day (24 hour immersion) Heat Deflection Temperature (ASTM D-648) 7 day [fiber stress loading 264 psi (1.8 MPa)) 122°F (50"C) Bond Strength (ASTM C-882): 2 day (moist cure) Plastic Concrete to Hardened Concrete Hardened Concrete to Hardened Concrete Hardened Concrete to Steel 14 day (moist cure) Plastic Concrete to Hardened Concrete Plastic Concrete to Steel Hardened Concrete to Hardened Concrete Compressive Properties (ASTM D-695) Compressive Strength, psl (MPa) 40°F*(4°C) 73'F*(23°C) 8 hour - 140 (1.0) 16 hour - 4,800(33.1) 1 day 30.0 (0.2) 5,700 (39.3) 3 day 5,300(36.6) 11,300(77.9) 7 day 9,600 (66.2) 11,800 (81.4) 14 day 11,900(82.1) 12,200(84.1) 28 day 12,600 (86.9) 12,200 (84.1) •Material cured and tested at the temperatures Indicated. 0.21% 1,700 psi (11.7 MPa) 2,000 psi (13.8 MPa) 1,900 psi (13.1 MPa) 2,200 psi (15.1 MPa) 2,000 psi (13.8 MPa) 2,000 psi (13.8 MPa) 90°F*(32°C) 1,700(11.7) 7,300 (50.3) 7,300 (50.3) 10,400(71.7) 10,400(71.7) 10,400(71.7) 10,500(72.4) A20 A20 Sikadur32HIMod.indd 1 1/28/2008 4:07:00 PM i-/W - 1 Packaging 2 and 4 gal, units; 1kg. unit (25.6 fl.oz.), 6/case, 75/pallet; 2.5 kg. unit (63.8 fl.oz.), 2/case, 90/pallet How to Use Surface must be clean and sound. It may be dry or damp, but tree of standing water. Remove dust, Surface Preparation laitance, grease, curing compounds, impregnations, waxes and any other contaminants. Preparation Work: Concrete - Should be cleaned and prepared to achieve a laitance and contaminant free, open textured surface by blastcleaning or other equivalent mechanical means. Steel - Should be cleaned and prepared thoroughly by blastcleaning. ?'•'-'• f !]-~V Mixing Pro-mix each component. Proportion equal parts by volume of Component 'A' and Component 'B' into • - • 3 clean pail. Mix thoroughly for 3 minutes with Sika paddle on low-speed (400-600 rpm) drill until blend is a ?•- *"-" / '' uniform color. Mix only that quantity that can be applied within its pot life. ':;,'-.. '' Application To bond fresh concrete to hardened concrete - Apply by brush, roller, broom or spray. Place fresh ;' •' '• concrete while Sikadur 32, Hi-Mod, is still tacky. If coating becomes glossy and loses tackiness, remove any *y ••', ' surface contaminants then recoat with additional Sikadur 32 Hi-Mod, and proceed. To grout baseplates - Add up to 1 1/2 parts of oven-dried aggregate to 1 part of mixed Sikadur 32, Hi-Mod, by volume. Place grout under baseplate. Avoid contact with the underside of the plate. A1/4 to 3/8 in. (6 to 10mm) space should remain between the top of the grout and the bottom of the plate. Maximum thickness of grout per lift is 1.5 in. (38 mm) If multiple lifts are needed, allow preceding layer to cool to touch before applying additional layer. The remaining 1/4 to 3/8 in. (6 to 10 mm) space should be filled with neat Sikadur 32 Hi-Mod. Pour a sufficient quantity of neat epoxy to allow the level to rise slightly higher than the underside of the bearing plate. To gravity feed cracks - Pour neat material into vee-notched crack. Continue placement untilcompletely filled. Seal underside of slab prior to filling if cracks reflect through. ^•tr'-• •*>, •-„• •'' Limitations Minimum substrate and ambient temperature 40T (4°C). For spray applications, consult Technical Service at 800-933-7452. Use only oven-dry aggregate. Material is a vapor barrier after cure. For applications on exterior, on-grade substrates, consult Technical Services at 800-933-7452. Do not apply over wet, glistening surface. Warning Component 'A' - IRRITANT; SENSITIZER - Contains epoxy resin, nonyl phenol. Can cause skin sensitization after prolonged or repeated contact. Eye irritant. May cause respiratory irritation. Harmful if swallowed. Component 'B' - CORROSIVE; IRRITANT; SENSITIZER - Contains amines, silica (quartz), and benzylalcohol nonyl phenol. Contact with eyes or skin causes severe burns. Can cause skin sensitization after prolonged or repeated contact. Skin/respiratory/eye irritant. Harmful if swallowed. Deliberate concentration of vapors of Component A or B for purposes of inhalation is harmful and can be fatal. Cured • material, if sanded, may result in exposure to a chemical known to the state of California to cause cancer. First Aid Eyes: Hold eyelids apart and flush thoroughly with water for 15 minutes. Skin: Remove contaminated clothing. Wash skin thoroughly for 15 minutes with soap and water. Inhalation: Remove person to fresh air. Ingestion: Do not induce vomiting. In all cases, contact a physician Immediately if symptoms persist. Clean Up Wear chemical resistant gloves/goggles/clothing. Ventilate area. In absence of adequate general and local exhaust ventilation, use a properly filled NIOSH respirator. Confine spill. Collect with absorbent material. Dispose of in accordance with current, applicable local, state and federal regulations. Uncured material can be removed with solvent. Strictly follow manufacturer's warnings and instructions for use. Cured material can only be removed mechanically. Handling & Storage Avoid direct contact with skin and eyes. Wear chemical resistant gloves/goggles/clothing. Use only with adequate ventilation. In absence of adequate general and local exhaust ventilation, use a properly filled NIOSH respirator. Wash thoroughly after handling product. Launder clothing before reuse. Store in a cool dry well ventilated area. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION • FOR INDUSTRIAL USE ONLY All information provided by Sika Corporation {"Sika*) concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given In good faith based on Slka's current experience and knowledge of its products when properly stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice, recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommendations or instructions related to Its products. The user of the Sika product(s) must test the product(s) for suitability for the intended applicationand purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice. All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.a|kacc;rprcpm. or by calling 800-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructions on the product's most current TechnicalData Sheet, product label and Material Safety Data Sheet which are available online at www,flHi.conitructlon.com or by calling Sika's Technical Service Department at 800-933-7452. Nothing contained In any Sika materials relieves the user of the obligation to read and follow the warnings and instruction for each Sika product as set forth In the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. LIMITED WARRANTY: Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current Technical Data Sheet If used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. Visit our website at www.sika Regional Information and Sa) Sika Corporation 201 Polito Avenue Lyndhurst. NJ 07071 Phone: 800-933-7452 Fax:201-933-6225 con8tructlon.com ;* Centers. For the location of yc Sika Canada inc. 601 Detmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax: 514-694-2792 1-800-933-SIKA NATIONWIDE ur nearest Sika sales office, contact your regional center. Sika Mexicana SA. de C.V. >BSI* Carretera Libre Celaya Km. 8.5 M^— A Fracc. Industrial Balvanera Ilk 41 Corregidora, Queretaro ^BS^ Phone: 52 442 2385800 reo MM:2MO Fax: 52 442 2250537 „,,._ „„ „,._ „ ...,. maita. Made in USA. Printed in Canada. A20 Sikadur32HiMod.indd 2 1/28/2008 4:07:00 PM Product Data Sheet Edition 8.15.2006 Identification no. C371 Sikadur AnchorFix-2 Sikadur® AnchorFix-2 High-performance, epoxy acrylate, anchoring adhesive Description Sikadur AnchorFix-2 is a two-component, solvent- and styrene-free, modified-acrylic, anchoring adhesive. Where to Use As a fast-curing anchoring adhesive for all grades of rebars, threaded rods, bolts and special fastening systems. Install in concrete and masonry base materials. Advantages • Low sensitivity to mixing errors. • Fast-curing. • Styrene-free, solvent-free • Low odor. • Low waste. • Moisture tolerant. • Can be dispensed/mixed with a standard, good quality caulking gun. • Satisfies AC 58 creep criteria. Current ICC listing valid through 12/31/2007. Contact Sika's Technical Service Department for updated information at 1-800-933-7452. Packaging 10 fl. oz. (300 ml) two-component collapsible "cartridge-in-cartridge" system. Ready-to-use with a standard, good quality caulking gun. Gel and Curing Times C WARNING Application Temperature 95'F (35'C) 86T (30'C) 68'F (20'C) 50T(10'C) 41'F(5'C) 32'F (O'C) 23'F (-5'C) 14'F (-10'C) Gel Time 2 minutes 3 minutes 5 minutes 8 minutes 12 minutes 20 minutes 50 minutes 80 minutes Cure Time 25 minutes 35 minutes 40 minutes 70 minutes 90 minutes 3 hours 15 hours 24 hours Component A: IRRITANT. Contains epoxy resin, and silica quartz (sand). Eye irritant. May cause skin/respiratory irritation. Harmful if swallowed. Component B: IRRITANT, SENSITIZER. Causes eye irritation. May cause skin/respiratory irritation. Prolonged and/or repeated skin contact may cause an allergic reaction/sensitiza- tion. Harmful if swallowed. Cured material, if sanded, may result in exposure to a chemical known to the State of California to cause cancer. Technical Data Shelf Life Storage Conditions Color Mixing Ratio Consistency Application Temperatures Density (Mixed) Use within 12 months of manfacturing date. Store in original unopened packaging in cool, well- ventilated conditions at 40°-80°F (4-7°) and out of direct sunlight. Component A+B mixed: uniform gray Component A: Component B = 10:1 by volume Component A+B mixed: non-sag, creamy paste Substrate and ambient 14°-86T (-10'C-30°C) 2.75 lb./gal (.33 kg/I) First Aid Eyes: Flush eyes with water for at least 15 minutes Skin: Immediately flush skin with soap and water for at least 15 minutes. Ingestion: Do not induce vomiting. Contact a physician. Inhalation: Remove to fresh air. Contact a physician if symptoms persist. Contact a physician immediately with all cases if symptoms persist. Handling and Storage Avoid direct contact with skin and eyes. Use chemical resistant gloves/goggles/clothing. Use with adequate general and local exhaust ventilation. In the absence of adequate ventilation, use a properly fitted NIOSH approved respirator. Wash hands thoroughly after handling product. Remove contaminated clothing and launder before reuse. Uncured material can be removed with solvent. Strictly follow solvent manufacturer's warnings and instructions for use. Cured material can only be removed mechanically. Keep cartridge tightly closed. Clean Up In case of spill, wear chemical resistant gloves/goggles/clothing. Ventilate area. In absence of adequate ventilation, use a properly fitted NIOSH respirator. Contain spill and collect with absorbent material and transfer to a sealed container. Dispose of in accordance with ap- plicable local, state and federal regulations. Anchor DUmttH (ln.| 3/8 1/2 61* 3/4 1 Drill Bit Dluneter (In.) 7/16 0/16 3/4 7/8 1-1/1 Embedment Depm (in.) 3-1/2 4-1/2 3 4-1/4e 3-3/4 & 7-1/2 4-1/2 9-3/4e 6 B-1/4 12 AHoMtta Tenllto Illn. 1,001 pil (13.1 UP.) Generate (Ita.) 1.990 2,310 1,720 3,226 3.436 2.866 3,746 5,719 4,540 5,»30 8.050 8,735 7.330 10.635 Bond»nng«i •In. 4,000 pel (X7.SVPI) ConcraH (Ita.) 4,810 2,785 3,360 2,500 4.805 5.010 4,160 5.350 8,320 6,610 8,476 11,520 7,610 10,475 16,225 Sheer load tlMOpel (13JM»e) CencMi (Ita.) 335 1,126 1,125 800 2,000 2.000 040 3,130 3,130 1,350 4,505 4.505 2,400 6,010 6,010 Load Capacities - Threaded Rod 1) Allowable loads are based on a minimum safety factor of 3. Higher factors ofsafety may be warranted depending on actual application and job site conditions. Consult a design professional prior to use. 2) Minimum concrete base material thickness must be 1.5 times the anchor embedment depth. 3) Allowable load of adhesive anchor must be the lesser of bond or steel strength. "For information on the effects of Anchor Spacing and Edge Distance on adhesive anchor performance, please contact Sika's Technical Service Department. Maximum Recommended Tightening Torque on Nut/Washer for Threaded Rod Note: Maximum tightening torque applied to nut and washer recommended to prevent over- stress of adhesive. Max. Tightening Torque (ft-lbf) Threaded Rod Diameter (in.) 3/8 15 1/2 30 5/8 60 3/4 110 7/8 125 1 1-1/4 150 250 Rebar Size (Diameter) No. 3 0/8') No. 4 (1/2") No. 5 (5/8") No. 6 (3/4") No. 7 (7/8") No. BUT Drill Bit Diameter (in.) 1/2 5/8 3/4 7/8 1 1-1/8 Embedment Depth (in.) 3-3/8 4-1/2 5-5/8 8-3/4 7-7/8 9 Allowable Tensile Bond Strength Min. 2,000 pel (13.8 HP.) Concrete (Ibs.) 935 1,685 2.435 3.185 3,935 4,680 Allowable Tensile Bond Strength Win. 4,000 psi (27.5 MPe.) Concrete (lb«.) 1,340 2,410 3,480 4,550 5,620 6,690 Allowable Shear Load > 2,000 pel (13.8MPS) Concrete (I be.) 1,190 1,970 2,940 4,110 5,450 7.030 Load Capacities - Reinforcing Bar 1) Allowable loads are based on a minimum safety factor of 4. Higher factors of safety may be warranted depending on actual application and job site conditions. Consult a design professional prior to use. 2) Minimum concrete base material thickness must be 1.5 times the anchor embedment depth. 3) Allowable load of adhesive anchor must be the lesser of bond or steel strength. "For information on the effects of Anchor Spacing and Edge Distance on adhesive anchor performance, please contact Sika's Technical Service Department. ® - a Methods of Use Solid Base Material Drill the hole to the correct diameter and depth using a rotary hammer drill. ie bags to remove the red plug -y Prior to use, remove surface contaminants such as oil or grease from anchor to avoid inadequate bond. Immediately insert the anchor hardware. Blow the hole clean with compressed air, brush clean with a nylon brush and blow clean again. Hole may be dry or damp but must be free from standing water Attach the static mixing nozzle. This should be done slowly with a slight twisting motion. Excess resin should be removed from the mouth of the hole before it sets. Use chemical resistant gloves. Unscrew the cap. Insert the car- tridge into the t . J t .2 applicator gun. ^ Dispense the first part of the extruded adhesive to waste until a uniform color is achieved. Leave the anchor undis- turbed until curing time has elapsed, then attach the fixture and tighten the nut. Pull the red plug. Insert the mixer nozzle to the far end of the hole and half fill hole (depending upon application). Withdraw nozzle as you fill the hole. For deep holes extension tubing can be used. Hollow Base Material Drill the hole to the correct diameter and depth. This can be done with either a hammer drill or rotary-only machine depending upon the substrate. Attach the static mix- ing nozzle. Blow the hole clean with j "/compressed air, brush clean with a nylon brush and blow clean again. Holemay be dry ordamp but must be free from standing water. Pull the red plug. Cut the bags to re- move the red plug. Insert the cartridge into the applicator *$-** HJ. gun. Dispense """Ti the first part of the extruded adhesive to waste until a uniform color is achieved. Insert mixer nozzle to the far end of the perforated sleeve and completely fill the sleeve with resin. Withdraw the mixer nozzle as the sleeve fills. Prior to use, remove surface contaminants such as oil or grease from anchor to avoid inadequate bond. Immediately insert the anchoring hardware. This should be done slowly with a slight twisting motion. Leav the anchorundisturbed until cure time has elapsed, ti attach the fixture and tighter the nut. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN - NOT FOR INTERNAL CONSUMPTION • FOR INDUSTRIAL USE ONLYAlt information provided by Sika Corporation ("Sika") concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when property stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice,recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommendations or instructions related to its products. The user of the Sika product(s) must test the product(s) for suitability for the intended application and purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice. All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.sikacorp.com or by calling 800-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and instructions on the product's most current Technical Data Sheet, product label and Material Safety Data Sheet which are available online at www.sikacortstruction.corn or by calling Sika's Technical Service Department at 800-933-7452. Nothing contained In any Sika materials relieves the user of the obligation to read and follow the warnings and Instruction for each Sika product as set forth In the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical proper- ties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and as- sumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. Visit our website at www.sikaconstruction.com 1 -800-933-SIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 Sika Canada Inc. 601 Delmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax: 514-694-2792 Sika Mexicana S.A. de C.V. Carretera Libre Celaya Km. 8.5 Fracc. Industrial Balvanera Corregidora, Queretaro C.P. 76920 Phone: 52 442 2385800 Fax' 52 442 2250537 Sika and Sikadur are registered trade- marks. Printed in USA. Product Data Sheet Edition 8.2003 Identification no. 188 SikaTop123P/us jSikaTop® 123 PLUS I Two-component, polymer-modified, cementitious, non-sag mortar plus FerroGard 901 penetrating corrosion inhibitor Description SikaTop 123 PLUS is a two-component, polymer-modified, portland cement, fast-setting, non-sag mortar. It is a high performance repair mortar for vertical and overhead surfaces, and offers the additional benefit of FerroGard 901, a penetrating corrosion inhibitor. I Where to Use • On grade, above, and below grade on concrete and mortar. • On vertical and overhead surfaces. • As a structural repair material for parking structures, industrial plants, water/waste watertreatment facilities, roads, walkways, bridges, tunnels, dams, ramps, etc. • Approved forrepairs overcathodicprotection systems. | Advantages • High compressive and flexural strengths. • High early strengths. • Increased freeze/thaw durability and resistancetode-icingsalts. • CompatiblewithcoefficientofthermaIexpansionofconcrete-PassesASTMC-884 (modified). • Increased density- improved carbon dioxide resistance (carbonation) without adversely affecting water vaportransmission (not a vapor barrier). • Enhanced with FerroGard 901, a penetrating corrosion inhibitor- reduces corrosion even in the adjacent concrete. • Notflammable, non-toxic. • ConformstoECA/USPHSstandardsforsurfacecontactwithpotablewater. • USDA approved. • ANSI/NSF Standard 61 potablewaterapproved. Yield 0.39cu.ft./unit. Packaging Component 'A' -1 gal. plasticjug;4/carton. Component's1 -44 Ib. multi-wall bag. Typical Data (Materialandcuringconditions @73°F(23°C) and50%R.H.) Shelf Life One year in original, unopened packaging. Storage Conditions Storedryat 40°-95°F. Condition material to 6S°-75<>F. beforeusing. Protect Component 'A1 from freezing. If frozen, discard. Color Concretegray when mixed. Mixing Ratio Plant-proportioned kit. Application Time Approximately 15 min. after adding Component '8' to Component 'A'. Application time is dependent on temperature and relative humidity. Finishing Time 20to60minaftercombiningcomponents:dependsontemperature, relative humidity, and type of finish desired. 132lbs./cu.ft. (2.2kg7l) 2,000 psi(13.8 MPa) 900 psi (6.2 MPa) 2,200 psi (15.2 MPa) 28days 28days 28days Density (wet Mix) Flexural Strength (ASTM C-293) Splitting Tensile Strength (ASTMC-496) Bond Strength* (ASTM C-882 modified) Compressive Strength (ASTM C-109) 1day 3,500 psi (24.1 MPa) 7 days 6,000 psi (41.4 MPa) 28 days 7,000 psi (48.3 MPa) Permeability (AASHTO T-277) 28 days Approximately 500 Coulombs. Electrical resistivity (ohm-cm) 27,000 Freeze/Thaw Resistance (ASTM C-666) 300 cycles 98% Corrosion TestingforFerroGard 901 Cracked Beam Corrosion Tests: Reduced corrosion rates 63% versus control specimens. ASTM G109 modified after400 days * Mortar scrubbed into substrate. Substrate Concrete, mortar, and masonry products. How to Use | Surface Preparation Concrete/Mortar: Remove all deteriorated concrete, dirt, oil, grease, and all bond-inhibiting materials from surface. Be sure repair area is not less than 1/8 inch in depth. Preparation work should be done by high pressure water blast, scabbier, or other appropriate mechanical means to obtain an exposed aggregate surface with a minimum surface profile of ±1/16 in. (CSP-5) Saturate surface with clean water. Substrate should be saturated surface dry (SSD) with no standing water during application. Reinforci ng Steel: Steel reinforcement should be thoroughly prepared by mechanical cleaning to remove all """ traces of rust. Where corrosion has occurred due to the presence of chlorides, the steel should be high- pressure washed with clean wateraftermechanical cleaning. Forpriming of reinforcing steel useSika Armatec 110 EpoCem (consultTechnical Data Sheet). Priming Concrete Substrate:Primethe prepared substrate with a brush orsprayed applied coat of Sika Armatec 110 EpoCem (consult Technical Data Sheet). Alternately, a scrub coat of Sika Top 123 can be applied prior to placement of the mortar. The repair mortar has to be applied into the wet scrub coat before it dries. i Mixing Pour Component'A' into mixing container. Add Component 'B' while mixing continuously. Mix mechanically with a low-speed drill (400-600 rpm) and mixing paddle or mortar mixer. Mix to a uniform consistency, maximum 3 minutes. Manual mixing can be tolerated only for less than a full unit. Thorough mixing and proper proportioning of the two components is necessary. | Application & Finish SikaTop 123PLL/S must be scrubbedintothesubstrate.fillingallporesand voids. Force material against edge of repair, working toward center. After filling repair, consolidate, then screed. Material may be applied in multiple lifts. The thickness of each lift, not to be less than 1/8 inch minimum or more than 1.5 inches maximum. Where multiple lifts are required score top surface of each lift to produce a roughened surface for next lift. Allow preceding lift to reach final set, 30 minutes minimum, before applying fresh material. Saturate surfa ce of the lift with clean water. Scrub fresh mortar into preceding lift. Allowmortar or concrete to set to desired stiffness, then finish with wood orsponge float fora smooth surface. ' | Curing As per ACI recommendations for port land cement concrete, curing is required. Moist cure with wet burlap and polyethylene, afine mist of waterorawaterbased*, compatible curing compound. Curing compounds adversely affect the adhesion of following lifts of mortar, leveling mortar or protective coatings. Moist curing should commence immediately after finishing. If necessary protect newly applied material from direct sunlight, wind, rain and frost. •Pretesting of curing compound is recommended. LimStations • Application thickness:Minimum 1/8 inch (3 mm). Maximum in one lift-1.5 in. (38 mm). • Minimum ambient and surface temperatures 45°F (7°C) and rising at time of application. • Dp not use solvent-based curing compound. • Size, shape and depth of repair must be carefully considered and consistent with practices recommended by ACI. For additional information, contactTechnical Service. • For additional information on substrate preparation, referto ICRI Guideline No. 03732 Coatings, and Polymer Overlays". • If aggressive means of substrate preparation is employed, substrate strength should be tested in accordance with ACI 503AppendixApriortothe repairapplication. • As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc, with an appropriate epoxy such as Sikadur Hi-Mod 32. I Caution Component 'A' - Irritant - May cause skin/eye/respiratory irritation. Avoid breathing vapors. Use with adequate ventilation. Avoid skin and eye contact. Safety goggles and rubber gloves are recommended. Component 'B' - Irritant; suspect carcinogen - Contains portland cement and sand (crystalline silica). Skin and eye irritant. Avoid contact. Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). IARC lists crystalline silica as having sufficient evidence of carcinogenicity in laboratory animals and limited evidence of carcinogenicity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety goggles and chemical resistant gloves is recommended. If PELs are exceeded, an appropriate, NIOSH approved respirator is required. Remove contaminated clothing. First Aid In case of skin contact, wash thoroughly with soap and water. For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air. Clean Up In case of spillage, scoop or vacuum into appropriate container, and dispose of in accordance with current, applicable local, state and federal regulations. Keep container tightly closed and in an upright position to prevent spillage and leakage. Mixed components: Uncured material can be removed with water. Cured material can only be removed mechanically. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current technical data sheet if used as directed within shelf life. User determines suitability of product for Intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES. Visit our website at www.slkausa.com 1 -800-933-SIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation 201 Polito AvenueLyndhurst,NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 Sika Canada Inc. 601 Delmar AvenuePointe Claire Quebec H9R4A9 Phone:514-697-2610 Fax:514-694-2792 Sika Mexlcana S.A. de C.V. Carretera Libre Celaya Km. 8.5Corregldora, Queretaro C.P. 76920 A.P. 136 Phone: 52 42 25 0122 Fax: 52 42 25 0537 w Product Data Sheet Edition 5.16.2007 Identification no. 539 SikaRepair SHA %?iwcir%^|«ciii SHA Fast-setting, one component, cementitious repair mortar with superior high build properties Description SikaRepair SHA is a fast-setting, one-component, cementitious ready to use repair mortar. The incorporation of low density aggregates allows high build applications on vertical and overhead surfaces. SikaLatex R or SikaLatex may be used instead of water for a two component, polymer- modified repair mortar. Where to Use • Fast repairs to overhead and vertical concrete and mortar surfaces on grade, above and below grade. • As a repair material for building facades, parking structures, industrial plants, bridges, etc. Advantages Minimal time required between lifts. Fast finishing time. Time/labor-saving material; application up to 3 inches on vertical surfaces in one layer. Easy to use; just add water. High bond strength ensures excellent adhesion. Good, early and ultimate strength. Increased freeze/thaw durability and resistance to deicing salts. Easy to clean. Suitable for exterior and interior applications. Not a vapor barrier. Yield 0.55 cu. ft./bag Packaging Sika Repair SHA: 25 Ib. bag, 60/pallet; 50 Ib. (22.7 kg.) multi-wall bag. SikaLatex (R): 1 gal. plastic jug; 4/carton, 5 gal. pails. Typical Data (Material and curing conditions @ 73'F (23C) and 50% P.M.) ^^ Shelf Life Storage Conditions Color Mixing Ratio Density (Wet mix) Application Time Finishing Time Time Between Lifts One year in original, unopened bags. Store dry at40°-95°F (4°-35°C). Condition material to 65°-75°F before using. Concrete gray. 1 50 Ib. bag SikaRepair SHA + 3/4 gal. to 1 gal. of liquid 106lbs./cu. ft. (1.70kg./l) Approximately 10-15 minutes. 20-30 minutes Less than 1 hour Compressive Strength (ASTM C-109) 1 day 2,000 psi (13.8MPa) 7 days 3,000 psi (20.7 MPa) 28 days 4,500 psi (31.0 MPa) Flexural Strength (ASTM C-293) 28 days 800 psi (5.5 MPa) Bond Strength * (ASTM C-882 modified) 28 days 1,000 psi (6.8 MPa) 'Mortar scrubbed into substrate with Latex R 2,500 psi (17.2 MPa) 3,500 psi (24.1 MPa) 5,000 psi (34.5 MPa) 1,100 psi (9.7 MPa) 1,800 psi (12.4 MPa) How to Use Substrate Concrete, mortar, and masonry products. Surface Preparation - Concrete/Mortar Remove all deteriorated concrete, dirt, oil, grease, and all bond-inhib- iting materials from surface. Preparation work should be done by high pressure water blast, scabbier or other appropriate mechanical means to obtain an exposed aggregate surface profile of ±1/16-in. (CSP-5). After preparation, substrate strength should be verified prior to patch placement. Substrate should be saturated surface dry (SSD) with no standing water during application. Reinforcing Steel: Steel reinforcement should be thoroughly prepared by mechani- cal cleaning to remove all traces of rust. Where corrosion has occurred due to the presence of chlorides, the steel should be high pressure washed with clean water after mechanical cleaning. For priming of reinforcing steel use Sika Armatec 110 EpoCem (consult Technical Data Sheet). SHA-1 Mixing Concrete Substrate: Prime the prepared substrate with a brush or sprayed applied coat of Sika Armatec 110 EpoCem (consult Technical Data Sheet). Alternately, a scrub coat of Sika Repair SHA can be applied prior to placement of the mortar. The repair mortar has to be applied into the wet scrub coat before it dries. With water: Pour 3/4 of one gallon of water into the mixing container. Add powder while mixing • continuously. Mix mechanically with a low-speed drill (400-600 rpm) and mixing paddle or in an ap- ^^ propriate mortar mixer. Add more water to obtain desired consistency of the mortar. Do not exceed one gallon per bag. Mix to uniform consistency, maximum 3 minutes. Manual mixing can be toler- ated only for less than a full unit. Thorough mixing and proper proportioning is necessary. With Latex R: Pour 3/4 gallon of Sika Latex R into the mixing container. Slowly add powder and mix as above. With diluted Latex R: Sika Latex R may be diluted up to 5:1 (water: Sika Latex R) for projects requiring minimal polymer-modification. Pour 3/4 gallon of the mixture into the mixing container. Slowly add powder and mix as above. Note: SikaLatex R must be protected from freezing. If frozen, discard. Application & Finish The mixed SikaRepair SHA must be worked well into the primed substrate, filling all pores and voids. Compact well. Force material against edge of repair working towards the center. Thoroughly compact the mortar around exposed reinforcement. After filling repair, consolidate, then screed. Finish with steel, wood, plastic floats, or damp sponges, depending on the desired surface texture. Where multiple lifts are required, score top surface on each lift to produce a roughened substrate for next lift. Allow preceding lift to harden before applying fresh material. Saturate surface of the lift with clean water. If previous layers are over 48 hours old, mechanically prepare the substrate and dampen. Curing As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water based* compatible curing compound. Curing compounds adversely affect the adhesion of following lifts of mortar, leveling mortar or protective coatings. Moist curing should commence immediately after finishing. Protect freshly applied mortar from direct sunlight, wind, rain and frost. * Pretesting of curing compound Is recommended. Limitations • Application thickness: Minimum: With water 1/4 inch (6 mm). With Latex R: 1/8" (3 mm). Maxi- mum in one lift: 3 inches (75 mm) vertical, 1.5 inches (38 mm) overhead. • Minimum ambient and surface temperatures 45°F (7°C) and rising at time of application. • Do not use solvent based curing compounds. As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate poten- tial areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur Hi-Mod 32. f*t^ I Caution Irritant Suspect carcinogen - Contains portland cement and sand (crystalline silica). Skin and eye ir- ritant. Avoid contact. Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). (ARC lists crystalline silica as having sufficient evidence of carcinogenicity in laboratory animals and limited evidence of carcinogenic- ity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety goggles and chemical resistant gloves is recommended. If PELs are exceeded, an appropriate NIOSH approved respirator is required. Remove contaminated clothing. First Aid In case of skin contact, wash thoroughly with soap and water. For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air. | Clean Up In case of spillage, scoop or vacuum into appropriate container, and dispose of in accordance with current, applicable local, state and federal regulations. Keep container tightly closed and in an upright position to prevent spillage and leakage. Mixed material: Uncured material can be removed with water. Cured material can only be re- moved mechanically. KEEP CONTAINER TTOHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION < FOR INDUSTRIAL USE ONLY All information provided by Sika Corporation ("Sika') concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when property stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice, recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommendations or instructions related to its products. The user of the Sika product(s) must test the product(s) for suitability for the intended application and purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice. All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.altacorp.com or by calling 800-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructions on the product's most current Technical Data Sheet, product label and Material Safety Data Sheet which are available online at www.tllcaeonstnictlon.coni or by calling Sika's Technical Service Department at 800-933-7462. Nothing contained In any Sika materials rdeves the user of the obligation to read and follow the warnings and Instruction for each Slk» product t» s«t forth In the currant Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical proper- ties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and as- sumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NOOTHERWRRANT1ESEXPRESSORIMmJEDSHAUJlPn.YM^ PURPOSE SIKASHAUWTBELMBUUNreRANYLHMLTHEORyroRSPECMLORCON^ Visit our website at www.slka Regional Information and Sal Sika Corporation 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 eonstructJon.com is Centers. For the location of yc Sika Canada Inc. 601 Delmar Avenue Pointe Claire Quebec H9R4A9 Phone: 514-697-2610 Fax: 514-694-2792 1-800-933-SIKA NATIONWIDE jMWtk ur nearest Sika sales office, contact your regional center. f "*% Sika Mexicans S.A. de C.V. >BSIK V_.,^ Carretera Libre Celaya Km. 8.5 ft^Sm ^**^ Fracc. Industrial Balvanera Wkaw Corregidora, Queretaro ^9Sr C.P. 76920 .„, ..... ......Phone: 52 442 2385800 «»«»..»«« Fax: 52 442 2250537 SiKa and SikaRepair are registered trade- marks. Made in USA. Printed in USA. Concrete Substrate: Prime the prepared substrate with a brush or sprayed applied coat of Sika Armatec 110 EpoCem (consult Technical Data Sheet). Alternately, a scrub coat of Sika Repair SHA can be applied prior to placement of the mortar. The repair mortar has to be applied into the wet scrub coat before it dries. Mixing With water: Pour 3/4 of one gallon of water into the mixing container. Add powder while mixing continuously. Mix mechanically with a low-speed drill (400-600 rpm) and mixing paddle or in an ap- propriate mortar mixer. Add more water to obtain desired consistency of the mortar. Do not exceed one gallon per bag. Mix to uniform consistency, maximum 3 minutes. Manual mixing can be toler- ated only for less than a full unit. Thorough mixing and proper proportioning is necessary. With Latex R: Pour 3/4 gallon of Sika Latex R into the mixing container. Slowly add powder and mix as above. With diluted Latex R: Sika Latex R may be diluted up to 5:1 (water: Sika Latex R) for projects requiring minimal polymer-modification. Pour 3/4 gallon of the mixture into the mixing container. Slowly add powder and mix as above. Note: SikaLatex R must be protected from freezing. If frozen, discard. Application & Finish Limitations Caution Irritant First Aid Clean Up The mixed SikaRepair SHA must be worked well into the primed substrate, filling all pores and voids. Compact well. Force material against edge of repair working towards the center. Thoroughly compact the mortar around exposed reinforcement. After filling repair, consolidate, then screed. Finish with steel, wood, plastic floats, or damp sponges, depending on the desired surface texture. Where multiple lifts are required, score top surface on each lift to produce a roughened substrate for next lift. Allow preceding lift to harden before applying fresh material. Saturate surface of the lift with clean water. If previous layers are over 48 hours old, mechanically prepare the substrate and dampen. Curing As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water based* compatible curing compound. Curing compounds adversely affect the adhesion of following lifts of mortar, leveling mortar or protective coatings. Moist curing should commence immediately after finishing. Protect freshly applied mortar from direct sunlight, wind, rain and frost. * Pretesting of curing compound is recommended. Application thickness: Minimum: With water: 1/4 inch (6 mm). With Latex R: 1/8" (3 mm). Maxi- mum in one lift: 3 inches (75 mm) vertical, 1.5 inches (38 mm) overhead. Minimum ambient and surface temperatures 45°F (7°C) and rising at time of application. Do not use solvent based curing compounds. As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate poten- tial areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur Hi-Mod 32. Suspect carcinogen - Contains portland cement and sand (crystalline silica). Skin and eye ir- ritant. Avoid contact. Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). (ARC lists crystalline silica as having sufficient evidence of carcinogenicity in laboratory animals and limited evidence of carcinogenic- ity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety goggles and chemical resistant gloves is recommended. If PELs are exceeded, an appropriate NIOSH approved respirator is required. Remove contaminated clothing. In case of skin contact, wash thoroughly with soap and water. For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air. In case of spillage, scoop or vacuum into appropriate container, and dispose of in accordance with current, applicable local, state and federal regulations. Keep container tightly closed and in an upright position to prevent spillage and leakage. Mixed material: Uncured material can be removed with water. Cured material can only be re- moved mechanically. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT Op REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION > FOR INDUSTRIAL USE ONLY All information provided by Sika Corporation ("Sika*) concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when properly stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice, recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice,recommendations or instructions related to its products. The user of the Sika product(s) must test the produces) for suitability for the intended applicationand purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice. All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.alkacorp.com or by calling 800-933-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructions on the product's most current Technical Data Sheet, product label and Material Safety Data Sheet which are available online at www.gllMconatnicllon.com or by calling Sika's Technical Service Department at 800-933-7462. Nothing contained In any Sika materials relieves the user of the obligation to read and foBow the warnings and Instruction for each Sika product as set forth In the currant Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical proper- ties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and as- sumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor Visit our website at www.slkaconstructlon.com 1 -800-933-SIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 Sika Canada Inc. 601 Delmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax: 514-694-2792 Sika Mexicans S.A. de C.V. Carretera Libre Celaya Km. 8.5 Fracc. Industrial Balvanera Corregidora, Queretaro C.P. 76920 Phone: 52 442 2385800 Fax: 52 442 2250537 Sika and SikaRepair are registered trade- marks. Made in USA. Printed in USA. SKA-a I Product Data Sheet Edition 8.2003 Identification no. 554 SikaRepair SHB SikaRepair® SHB One component, cementitious repair mortar with superior high build properties that may be hand applied or wet-sprayed I Description SikaRepair SHB is a one-component, cementitious ready to use repair mortar. It is a multi-purpose mortar which can be applied by trowel or low pressure wet spray process. The incorporation of low density aggregates allows high build applications on vertical and overhead surfaces. SikaLatex R or SikaLatex may be used instead of water for a two component, polymer-modified repair mortar. | Where to Use • Fast repairs to overhead and vertical concrete on mortar surfaces on grade, above and below grade. As a repair material for building facades, parking structures, industrial plants, bridges, etc. | Advantages Time/labor-saving material; application up to 3 inches on vertical surfaces in one layer. Application by hand or low pressure wet spray method. Easy to use; just add water. High bond strength ensures excellent adhesion. Good, early and ultimate strength. Increased freeze/thaw durability and resistance to deicing salts. Easy to clean. Suitable for exterior and interior applications. Not a vapor barrier. Yield 0.55 cu. ft/bag Packaging Sika Repair SHB: 25 Ib. bag, 60/pallet, 50 Ib. (22.7 kg.) multi-wall bag. SikaLatex (R): 1 gal. plastic jug; 4/carton, 5 gal. pails. Typical Data (Material and curing conditions @ 73°F (23°C) and 50% R.H.) Shelf Life Storage Conditions Color Mixing Ratio Density (Wet mix) Working Time Finishing Time One year in original, unopened bags. Store dry at 40°-95°F (4°-35°C). Condition material to 6S'-7S'F before using. Concrete gray 1 50 Ib. bag SikaRepair SHB + 3/4 gal. to 1 gal. of liquid 106lbs./cu.ft.(1.70kg./l.) Approximately 30 minutes. (Initial Set) 2-3 hours Compressive Strength (ASTM C-1090) 1day 2,500 psi(17.2MPa) 28 days 5,000 psi (34.5 MPa) Flexural Strength (ASTM C-293) 28 days 800 psi (5.5 MPa) Bond Strength * (ASTM C-882 modified) 28 days •Mortar scrubbed into substrate 1,000 psi (6.8 MPa) with Latex R 2,500 psi (17.2 MPa) 5,000 psi (34.5 MPa) 1,400 psi (9.7 MPa) 1,800 psi (12.4 MPa) How to Use Substrate Concrete, mortar, and masonry products. Surface Preparation - Concrete/Mortar: Remove all deteriorated concrete, dirt, oil, grease, and all bond-inhibiting materials from surface. Preparation work should be done by high pressure water blast, scabbier or other appropriate mechanical means to obtain an exposed aggregate surface profile of ±1/16-in. (CSP5). Substrate should be saturated surface dry (SSD) with no standing water during application. Reinforcing Steel: Steel reinforcement should be thoroughly prepared by mechanical cleaning to remove all traces of rust. Where corrosion has occurred due to the pres- ence of chlorides, the steel should be high pressure washed with clean water after mechanical cleaning. I Priming For priming of reinforcing steel use Sika Armatec 110 EpoCem (consult Technical Data Sheet). Concrete Substrate: Prime the prepared substrate with a brush or sprayed applied coat of Sika Armatec 110 EpoCem (consult Technical Data Sheet). Alternately, a scrub coat of Sika Repair SHB can be applied prior to placement of the mortar. The repair mortar has to be applied into the wet scrub coat before it dries. | Mixing With water: Pour 3/4 of one gallon of water into the mixing container. Add powder while mixing continuously. Mix mechanically with a low-speed drill (400-600 rpm) and mixing paddle or in an appropriate mortar mixer. Adjust water to desired consistency of the mortar. Do not exceed one gallon per bag. Mix to uniform consistency, maximum 3 minutes. Manual mixing can be tolerated only for less than a full unit. Thorough mixing and proper proportioning is necessary. With Latex R: Pour 3/4 gallon of Sika Latex R into the mixing container. Slowly add powder, mix and adjust as above. With diluted Latex R: Sika Latex R may be diluted up to 5:1 (water: Sika Latex R) for projects requiring minimal polymer-modification. Pour 3/4 gallon of the mixture into the mixing container. Slowly add powder and mix as above. Note: SikaLatex R must be protected from freezing. If frozen, discard. | Application & Finish SikaRepair SHB can be applied either by hand or wet spray process equipment The mixed SikaRepair SHB must be worked well into the primed substrate, filling all pores and voids. Compact well. Force material against edge of repair working towards the center. Thoroughly compact the mortar around exposed reinforcement. After filling repair, consolidate, then screed. Finish with steel, wood, plastic floats, or damp sponges, depending on the desired surface texture. Where multiple lifts are required, score top surface on each lift to produce a roughened substrate for next lift. Allow preceding lift to harden before applying fresh material. Saturate surface of the lift with clean water. If previous layers are over 48 hours old, mechanically prepare the substrate and dampen. Application by machine: Apply SikaRepair SHB mortar by low or high pressure wet spray. Shoot the SikaRepair SHB perpendicular to the surface. This minimizes rebound, creates the smoothest pattern (reduces 'bumps') and properly encases the rebars. The velocity of the material is sufficient if, at a distance of 18 to 24 in., the shoterete pattern flattens out on contact with the surface and the rebars are encased. After applying the material, allow it to stiffen for about 10 minutes before removing bumpy areas with a trowel. Before applying the next layer, allow the material to reach initial set. This will take anywhere from 45 minutes to several hours, depending on mix consistency, mix and ambient temperature, wind conditions and humidity. Begin and finish a given patch on the same day. I Curing As per ACI recommendations for Portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water based* compatible curing compound. Curing compounds adversely affect the adhesion of following lifts of mortar, leveling mortar or protective coatings. Moist curing should commence immediately after finishing. Protect freshly applied mortar from direct sunlight, wind, rain and frost •Pretesting of curing com poundisrecommended. E Limitations • Application thickness: Minimum: With water: 1/4 inch (6 mm). With Latex R: 1/8 inch (3 mm). Maximum in one lift: 3 inches (75 mm) vertical. 1.5 inches (38 mm) overhead. • Minimum ambient and surface temperatures 45°F (7°C) and rising at time of application. • Do not use solvent based curing compounds. • As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur Hi-Mod 32. | Caution I Irritant Suspect carcinogen - Contains porfland cement and sand (crystalline silica). Skin and eye irritant Avoid contact Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). IARC lists crystalline silica as having sufficient evidence of carcinogenicity in laboratory animals and limited evidence of carcinogenicity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety goggles and chemical resistant gloves is recommended. If PELs are exceeded, an appropriate NIOSH approved respirator is required. Remove contaminated clothing. | First Aid In case of skin contact, wash thoroughly with soap and water. For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air. | Clean Up In case of spillage, scoop or vacuum into appropriate container, and dispose of in accordance with current, applicable local, state and federal regulations. Keep container tightly closed and in an upright position to prevent spillage and leakage. Mixed material: Uncured material can be removed with water. Cured material can only be removed mechanically. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATASHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current technical data sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES. Visit our website at www.sikausa.com 1-800-933-SIKA NATIONWIDE Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation 201 Polito Avenue Lyndhurst, NJ 07071 Phone: 800-933-7452Fax 201-933-6225 Sika Canada Inc. 601 Ddmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax 514-694-2792 Sika Mexlcana S.A. de C.V. Carretera Libre Celaya Km. 8.5 Corregidora, Queretaro C.P. 76920 A.P. 136 Phone: 52 42 25 0122 Fax 52 42 25 0537 Quality Certfflotlon Numbers: Lyndhunt:FM 69711 (ISO «000), FM 70421 (OS 9000), M«lon:FM «9T1S, Kmi !• City: FM«9107,S«ltlFe Springe: FM69«» Sika and SikaRepair are registered trademarks. Made in USA. Printed in USA. I Product Data Sheet Edition 4.20.2009 Identification no. 132-54 SikaLatex R SikaLatex® R Acrylic latex bonding agent and admixture for portland-cement mortar and concrete Description Where to Use Tl Advantages Coverage Packaging Surface Preparation SikaLatex R is an acrylic-polymer latex. It is a non-reemulsifiable, general-purpose admixture to produce polymer-modified concrete and mortar. An admixture in mortar and concrete to improve adhesion, and achieve a denser surface. Use in patching and flash coats. Use with stucco and terrazzo. As a bonding grout when mixed with sand and portland cement. For use with SikaRepair* to improve the mortar and increase the adhesion and performance. Mortar and concrete containing SikaLatex R exhibit improved adhesion to prepared substrates. Increased adhesive strength of mortar/concrete when used as a bonding agent or as a bonding grout. Increased resistance to freeze/thaw durability. Does not produce a vapor barrier. USDA-approved. > As an admixture: 4 gals./sack of cement. As mixing solution for Sika Repair* Mortar or Concrete, use neat. As a primer: estimated coverage on a CSP-3 prepared surface is 300 sq. ft/gal. 1 gal. jug, 4/case; 5 gal. pails; 55 gal. drums. Typical Data (Material and curing conditions @ 73'F and 50% R.H.) Shelf Life 2 years in original, unopened containers Storage Conditions Color Store dry at 40°-95°F. Condition material to 60°-75°F before using. Protect from freezing. If frozen, discard. Milky-white. Bond Strength (ASTM C-882) Slurry, scrub coat 2 parts sand, 1 part cement. SikaLatex R added to produce a creamy consistency. Plastic Concrete to Hardened Concrete 28 days > 500 psi (3.4 MPa) | How to Use I Substrate Concrete, mortar, and masonry products. Concrete/Mortar: Remove all deteriorated concrete, dirt, oil, grease, and all bond-inhib- iting materials from surface. Be sure repair is not less than 1/8 inch in depth. Prepara- tion work should be done by high pressure water blast, scabbier, or other appropriate mechanical means to obtain an aggregate-fractured surface with a minimum surface profile of 1/16 inch. Saturate surface with clean water. Substrate should be saturated surface dry (SSD) with no standing water during application. Clean Up (Mixing Procedure As admixture/mixing solution: With mixer running, add materials in the following order: SikaLatex R solution, aggregate, cement, or SikaRepair. Add more SikaLatex R solution if required. As a bonding agent: Add 1 part cement, 2 parts sand, and a sufficient amount of undiluted SikaLatex R to produce a creamy paint consistency. Maximum 4 gals./sack of cement. As a primer: No dilution is required. Use as is. Application Bonding Agent: Brush grout into area to be resurfaced with stiff-bristled broom or scrub brush. Be sure entire surface and all edges are coated. Apply topping immedi- ately over scrub coat before the bonding slurry dries. Admixture: Immediately trowel SikaLatex R mortar or concrete mixes into areas to be patched. Do not over-finish. As soon as finish will resist damage, cure with damp burlap and/or white pigmented polyethylene film. Curing should continue for 24 hours. Pre-testing is recommended when adding SikaLatex R to a specific mix design to as- sure the results required. Primer (for acrylic coatings only): Apply undiluted SikaLatex R to prepared concrete substrate using brushes, rollers, soft brooms, or spray. SikaLatex R must be tack-free (film formation) prior to coating. Estimated coverage on a CSP-3 prepared surface is 300 sq. ft./gal. SikaLatex R primer may be applied up to 24 hours ahead providing the area is kept dry and clean. Very porous concrete may require a second coat of SikaLatex R to seal the surface. Limitations • Minimum application temperature 40°F. • Toppings must be applied immediately over SikaLatex R bonding grout 'wet on wet'. • Discard material if frozen. • Avoid over-working or over-finishing surface. • Do not apply solvents or solvent-based curing compounds to SikaLatex R mortar/ concrete. • Do not use air-entraining cements when used as an admixture. • As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur Hi-Mod 32. Irritant May cause skin/eye/respiratory irritation. Avoid breathing vapors. Use with adequate ventilation. Avoid skin and eye contact. Safety goggles, and rubber gloves are recom- mended. Caution First Aid In case of skin contact, wash thoroughly with soap and water. For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air. Remove contaminated clothing. Wash clothing before re-use. In case of spillage, collect with absorbent material, ventilate closed areas, and dispose of in accordance with current, applicable local, state, and federal regulations. Keep ' container tightly closed and in an upright position to prevent spillage and leakage. KEEP CONTAINER TIGHTLY CLOSED • KEEP OUT OF REACH OF CHILDREN • NOT FOR INTERNAL CONSUMPTION • FOR INDUSTRIAL USE ONLY All information provided by Sika Corporation ("Sika") concerning Sika products, including but not limited to, any recommendations and advice relating to the application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when properly stored, handled and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling condi- tions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice, recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice, recommendations or instructions related to its products. The user of the Sika produces) must test the produces) for suitability for the intended application and purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice. All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.dlcac.im com or by calling 800-833-7452. Prior to each use of any Sika product, the user must always read and follow the warnings and Instructions on the product's most current TechnicalData Sheet, product label and Material Safety Data Sheet which are available online at wwwdkaconalnjctlonconi or by calling Sika's Technical Service Department at 800433-7462. Nothing contained In any Sika materials relieves the user of the obligation to read and follow the warnings and Instruction for each Sika product as set forth In the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use. LIMITED WARRANTY: Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the technical properties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. PURPOS£SIKASHMJ.rroTBELUBLEUNDERANYI£GALTHEORYrW^ Visit our website at wwwjlkaconstructlon.com 1-800-933-SIKA NATIONWIDE Regional Information and Sales Canters. For the location of your nearest Sika sales office, contact your regional center. Sika Corporation 201 Poltto Avenue Lyndhuret, NJ 07071 Phone: 800-933-7452 Fax: 201-933-6225 Sika Canada Inc. 601 Delmar Avenue Pointe Claire Quebec H9R 4A9 Phone: 514-697-2610 Fax: 514-694-2792 Sika Mexlcana S.A. de C.V. Carretera Libre Celaya Km. 8.5 Fracc. Industrial Balvanera Corregidora, Queretaro C.P. 76920 Phone: 52 442 2385800 Fax: 52 442 2250537 Sika and SikaLatex are registered trademarks. Made in USA. Printed in Canada. APPENDIX A LOCATION MAP BEACH ACCESS STAIRS DRAINAGE STRUCTURE NOT TO SCALE NOTE: CONTRACTOR TO ACCESS SITE FROM PINE AVENUE, 2 BLOCKS SOUTH. PROJECT NAME BEACH ACCESS IMPROVEMENTS CONTRACT NO. 3896 V ./ CITY OF CARLSBAD Transportation Department r Y T T EXTEND HANDRAIL MATCHING HEIGHT AND MAKE CONNECTIONS TO EXISTING HANDRAIL WELD AND GRIND SMOOTH ALL CONNECTIONS. EXTEND PCC STAIRS EXISTING STAIRS FROM CARLSBAD ENG. DRAWING NO. 180-9. (5; WO. 4 BARS CONTINUOUS (15" O.C.) ADHESIVE ANCHOR EMBEDMENT BAR @ 18" O.C. LG. NEW STAIRS^ (SEE STAIR DETAIL ON SHEET 3) PROFILE CARLSBAD VILLAGE DRIVE STAIRS NOT TO SCALE EXIST. STAIRS EXIST. FOOTING -(5) NO. 4 BARS (15" O.C.) ADHESIVE ANCHOR EMBEDMENT OTHER END TIED TO CONTINUOUS NO. 4 BARS DETAIL SECTION A-A, SEE SHEET 3 PLAN CARLSBAD VILLAGE DRIVE STAIRS NOT TO SCALENOTES: 1. ALL RAILINGS TO BE HOT DIP GALVANIZED AFTER FABRICATION. PAINT NEW HANDRAILS TO MATCH COATING ON EXISTING HANDRAILS. 2. WELDING DETAILS PER SDRSD M-24 3. RAILING SHALL BE SEAMLESS STEEL ASTM A53 GRADE B. 4. SEE DETAILS ON SHEET 3. 5. USE SIKADUR 32 HIMOD AS BONDING AGENT BETWEEN NEW CONCRETE AND EXISTING CONCRETE.SHEET 2 CITY OF CARLSBAD Transportation Department STRIPING FOR VISUALLY IMPAIRED PER 2010 CBC (TYP.) 12" " RADIUS (TYP.) HOLE IN PCC STEPS FOR VERTICAL RAILING 3" DIA.X 8" DEPTH. i*/.D. GALVANIZED STEEL HANDRAIL SET HANDRAIL IN EPOXY GROUT (SIKADUR 32 HIMOD) NO. 4 BARS @ 18" O.C. x5'-8" LG. TOTAL LENGTH OF STEPS NO. 4 BAR x 5-8" LG. EACH STEP NO. 4 BARS 'NTER & EXTERIOR STAIR DETAIL NOT TO SCALE EDGE OF TREAD SECTION B-B NO SCALE (5) NO. 4 BARS CONTINUOUS (15" O.C.) 18 INCHES OF CLASS 2 BASE 95% RELATIVE COMPACTION (TYP.). 7-(5; WO. 4 BARS 36" LG. (15" O.C.) NO. 4 BARS x 5-8" LG. STAIR DETAIL TO SCALE 1. BROOM FINISH ON TREADS, TROWEL FINISH ON ALL OTHER SURFACES. 2. ALL Rf 'f SHALL BE EPOXY COATED. f , 3. ALL Oi KETE SHALL BE 560-C-3250. 1 M _ ^aai^ _ ^tee^r 1.5" I.D. GALVANIZED STEEL HANDRAIL NO. 4 BARS- @ 18" O.C. NO. 4 BARS CONTINUOUS (TYP.) NO. 4 BARS @ 18" O.C. 6-0" 24" SECTION A-A NOT TO SCALE •%" RADIUS (TYP.) 8" TYP. •CUTOFF WALL TYP. •NO. 4 BARS CONTINUOUS (TYP.) I I SHEET 3 CITY OF CARLSBAD Transportation Department MANHOLE FRAME AND COVER PER SDRSD M-2 EXIST. GROUND ELEV. OVERFLOW NOTCH 4-tNO. 4 BARS AROUND PIPE PER SDRSD D-9 FILL ALL GAPS/SPACE WITH EPOXY GROUT (SIKADUR 32 HIMOD) RIP-RAP OVER FILTER FABRIC- 2 STONES DEEP (2-3' DIA.) SLOPE RECONSTRUCTION AND 90%COMPACTION REQUIRED AROUND STRUCTURE. REPLANT GROUND COVER TO MATCH EXISTING. MH NFRAME AND COVER PER SDRSD M-2 OVERFLOW NOTCH 2-6" DRAINAGE HOLES .,— 2-6" DRAINAGE 7 HOLES -18" CLASS 2 BASE AT 95% RELATIVE COMPACTION (TYP.) EPOXY COATED N0.4 BARS & 12" BOTH WAYS BOX OUTLET FRONT VIEW NOT TO SCALE BOX OUTLET PROFILE NOT TO SCALENOTES: 1. ALL REBAR SHALL BE EPOXY COATED. 2. CONCRETE SHALL BE 560-C-3250 3. EXPOSED EDGES OF CONCRETE SHALL BE ROUNDED WITH A RADIUS OF 1/2". 4. COMPACT SUBGRADE TO 95% RELATIVE COMPACTION. 5. EXISTING RIP-RAP CAN BE RE-USED AFTER INSTALLATION OF FILTER FABRIC. SIZE AND AREA OF RIP-RAP TO MATCH EXISTING (4'x 6'). NO, 4 BARS12 BOTHWA1 >. *a ' i ' t •. ' ^- .'„;?.'• , .• -,. /! f • , "• • ia ' > • * * ft**«— in" » & .-KiU. | t SECTION C-C NOT TO SCALE SHEET 4