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HomeMy WebLinkAboutSCW Contracting Corp; 2004-07-08; PWS04-20ENG Part 1 of 3DGC# 2006-0825140 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 NOV 20, 2006 3:38 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 000 F'AGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on September 11, 2006. 6. The name of the contractor for such work of improvement is SCW Contracting. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Twin D Recycled Water Pump Station for the Encina Basin Water Reclamation Program, Phase II, Project No. 3889(A). -CITYOrCARLODAD rONRAD C.'HAMIviANN, JR. City Engineer VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said District on 'flovlenisbg.r >M 2006, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Nto\)gjnbe<" it). 2006, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICT ^ LORRAINE M. WOOD Secretary *;«> = F0->l/ ' • V ,v '''">•„„«*** CARLSBAD MUNICIPAL WATER DISTRICT + San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED TER PUMP STATION PWSO4-ZOENC CONTRACT NO. 38891 SWRCB PROJECT NO. C=06-3903=230 CARLSBAD MUNICIPAL WATER DISTRIICT 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 (760) 438-3367 i*- January 2004 em rrSRevised: 10/08/03 Contract No. 38891 Page 1 of 103 Pages TABLE OF CONTENTS Item Pane . Notice Inviting Bids ............................................................................................................................ .9 ... Contractor's Proposal ....................................................................................................................... 1.3 EquipmentlMaterial Source Information ............................................................................................ 20 Bid Security Form ............................................................................................................................. 21 .. Bidder's Bond to Accompany Proposal ............................................................................................. 22 Guide for Completing the "Designation of Subcontractors" Form ...................................................... 26 Designation of Subcontractors and Amount of Subcontractor's Bid Items ......................................... 26 Bidder's Statement of Financial Responsibility .................................................................................. 27 Bidder's Statement of Technical Ability And Experience ................................................................... 28 Bidder's Certificate of Insurance For General Liability. Employers' Liability. Automotive Liability And Workers' Compensation ............................................................................................... 29 Bidder's Statement of Re-Debarment ................................................................................................ 30 . Bidder's Disclosure of Discipline Record ........................................................................................... 31 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..................................... 33 Contract Public Works ...................................................................................................................... 34 Labor And Materials Bond ................................................................................................................ 40 Faithful PerformanceNVarranty Bond ................................................................................................ 42 Optional Escrow Agreement For Surety Deposits In Lieu of Retention .............................................. 44 . 4- %#Revised: 10/08/03 Contract No . 38891 ~~~ Page 2 of 103 Pages .I 7 Item TABLE OF CONTENTS Pane SUPPLEMENTAL PROVISIONS State Water Resources Control Board Contract Requirements 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. State Wage Rate Clause Labor Code Section 1776; Complete Payroll Records; Certified and Available Labor Code Section 1777.5; Employment of Properly Registered Apprentices Labor Code Section 181 0; Definition: A Legal Day’s Work Labor Code Section 181 3; Penalty For Overtime On Any Public Work Contract Labor Code Section 181 5; Minimum Overtime Pay Labor Code Section 1860; Contract Provision Labor Code Section 1861; Contractor Certification to Labor Code Section 3700 Cultural Resources Protection Compliance Guidelines for SRF Loan Program MBWBE (Form 4 must be submitted with bid to be responsive) The Subletting and Subcontracting Fair Practices Act Equal Opportunity Clause (40 CFR 60-8.4(b)) Nondiscrimination Clause Construction Contractors - Affirmative Action Requirements (41 CFR 60-4) Elimination of Segregated Facilities Certification of Non-Segregated Facilities Drug-Free Workplace Certification Use of Debarred Contractors Prohibited Responsibility for Removal, Relocation, or Protection of Existing Utilities (Government Code Section 4215) Submitting of Bids and Agreeing to Assign (Government Code Section 4552) Non-Collusion Affidavit (Public Contract Code Section 71 06) TO BE NOTARIZED AND SUBMllTED WITH THE BID SUPPLEMENTAL PROVISIONS Part I Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-3 3-4 3-5 General Provisions BP -14 BP -14 BP -15 BP -17 BP -17 BP -17 BP -18 BP -18 BP -18 BP -20 BP -34 BP -34 BP -35 BP -39 BP -43 BP -44 BP -45 BP -46 BP -48 BP -48 BP -49 Terms Definitions, Abbreviations And Symbols Terms ........................................................................................................................ ~7. Definitions ................................................................................................................ .M Abbreviations ............................................................................................................ A9 Scope And Control Of The Work Subcontracts ............................................................................................................. A9 Con tract.. .................................................................................................................. .49 Plans And Specifications ......................................................................................... ..50 Surveying ................................................................................................................ ..52 Authority Of Board And Engineer .............................................................................. 56 Changes In Work Extra Work ................................................................................................................ 52 Disputed Work ......................................................................................................... .58 Changed Conditions ................................................................................................ ..5.7 Ir). %@Revised: 10/08/03 Contract No. 38891 Page 3 of 103 Pages I . Item - Section 4 4- 1 4-2 Section 5 5- 1 5-4 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 . Section 8 8-2 8-6 Section 9 9-1 9-3 Part 2 TABLE OF CONTENTS Pane Control Of Materials Materials And Workmanship ...................................................................................... 60 Materials Transportation. Handling And Storage ....................................................... 61 Utilities Location .................................................................................................................... .63. Relocation ................................................................................................................. 62 Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ............................................... 62 Prosecution Of Work .................................................................................................. 67 Delays And Extensions Of Time ................................................................................ 68 Time of Completion ................................................................................................... 68 Completion And Acceptance ..................................................................................... 68 Liquidated Damages ................................................................................................. 68 Responsibilities Of The Contractor Liability Insurance ..................................................................................................... 69 Workers’ Compensation Insurance ........................................................................... 69 Cooperation and Collateral Work .............................................................................. 30 Project Site Maintenance ........................................................................................... Z1 Public Convenience And Safety ................................................................................ 7.1 Laws To Be Observed ............................................................................................... 7.5 Permits ....................................................................................................................... 69 Facilities For Agency Personnel Field Office Facilities .................................................................................................. 75 Basis Of Payment ...................................................................................................... 76 Measurement 8 Payment Measurement Of Quantities For Unit Price Work ....................................................... 76 Payment .................................................................................................................... 7.6 Construction Materials Section 203 Bituminous Materials 203-6 Asphalt Concrete ...................................................................................................... 79 203-1 1 Asphalt Pavement And Crack Sealants ...................................................................... 80 Section 204 204-1 Lumber And Treatment With Preservatives Lumber And Plywood ................................................................................................ a1 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs .............................................................................................................. 8.1 206-8 Light Gage Steel Tubing And Connectors .................................................................. 84 em %#Revised: 10/08/03 Contract No . 38891 Page 4 of 103 Pages . TABLE OF CONTENTS . Item Pane Part 3 Section 300 300-1 300-3 300-4 300-5 300-9 Section 301 301 -1 Section 302 302-5 302-9 Sectioi 31 0-5 31 0-7 Sectior 31 3-1 ' 313-2 31 3-3 31 3-4 31 0 31 3 Construction Methods Earthwork Clearing And Grubbing ................................................................................................. 86 Structure Excavation And Backfill ................................................................................. 86 Unclassified Fill ............................................................................................................. 86 Borrow Excavation ........................................................................................................ 87 Geotextiles For Erosion Control And Water Pollution Control ..................................... 87 Treated Soil. Subgrade Preparation and Placement of Base Materials Subgrade Preparation ................................................................................................... 88 Roadway Surfacing Asphalt Concrete Pavement ......................................................................................... 88 Asphalt Pavement Repairs And Remediation .............................................................. 89 Painting Painting Various Surfaces ............................................................................................ 89 Permanent Signing ....................................................................................................... 90 Temporary Traffic Control Devices Temporary Railing (Type K) and Crash Cushions ........................................................ 92 Measurement and Payment .......................................................................................... 93 Temporary Traffic Pavement Markers .......................................................................... 91 Temporary Traffic Signing ............................................................................................ 91 SUPPLEMENTAL PROVISIONS Special Construction Provisions 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . Work Site ................................................................................................................................ 95 Storage of Materials and Equipment ..................................................................................... 95 Earthwork and Soil Compaction Tests .................................................................................. 95 Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials ..................................................................................................... 96 Specified Model Numbers ...................................................................................................... 96 Lateral Design ........................................................................................................................ 96 Location of Equipment and Ambient Environmental Conditions ........................................... 97 Equipment Performance Documentation .............................................................................. 97 Operation and Maintenance Manuals and Training .............................................................. 97 Geological Conditions at Work Site ....................................................................................... 99 Reference Documents ........................................................................................................... 99 Safety Requirement of Equipment Furnished by Contractor ................................................. 99 Lubrication .............................................................................................................................. 99 Construction Mitigation Measures ......................................................................................... 99 Swing Check Valves (3 Inch and Smaller) .......................................................................... 102 Silent Check Valves ............................................................................................................. 102 Resilient Wedge Gate Valves (1 8 Inch and Larger) ............................................................ 102 Hydraulic Automatic Control Valves .................................................................................... 100 Solenoid Valves ................................................................................................................... 101 QRevised: 10/08/03 Contract No . 38891 Page 5 of 102 Pages _ .. - Item TABLE OF CONTENTS PaQe TECHNICAL SPEC I FI CAT10 NS Schedule of Values ........................................................................................................... ..Q3.02 6-1 Start-up. Field Testing. and Acceptance of Equipment Technical Specifications ................. 01500-1 Basic Earthwork Specifications .......................................................................................... .D230 0-1 Basic Paving Specifications ............................................................................................... .0250 0-1 Basic Concrete Formwork Specifications .......................................................................... ..0310 0-1 Basic Concrete Reinforcement Specifications .................................................................... AI320 0-1 Basic Concrete Specifications ............................................................................................ .0330 0-1 Precast Concrete Moldings ................................................................................................. 03482-1 Basic Concrete Masonry Specifications .............................................................................. .0420 0-1 Basic Structural Steel and Miscellaneous Metal Work Specifications .................................. .0510 0-1 Metal Decking ..................................................................................................................... 05300-1 Bituminous Waterproofing ................................................................................................. ..OZl1 2-1 Built-up Roof System ........................................................................................................ ..(I750 0-1 Flashing and Sheet Metal .................................................................................................... 07600-1 Roof Hatches ...................................................................................................................... 1)7 J20-1 Sealants and Caulking ...................................................................................................... ..QZ92 0-1 Doors, Frames, and Hardware Technical Specifications ...................................................... 081 00-1 Tape Coating System with Mortar Shield for the Exterior of Steel Water Pipelines ............. 09870-1 and Wastewater Facilities ........................................................................................... .D990 0-1 Petrolatum Wax Tape Coating .......................................................................................... ..0990 2-1 Fire Extinguishers and Brackets ........................................................................................ ..to52 0-1 General Mechanical and Equipment Technical Specifications .............................................. 1 1005-1 Close Coupled Vertical Turbine Pumping Unit Technical Specifications .............................. 1 131 0-1 Cathodic Protection by Sacrificial Anodes ........................................................................... 131 10-1 Surge Arrestor Technical Specifications ............................................................................. .I322 0-1 General Piping System and Appurtenances ............................................................... ..........I 5000-1 Disinfection of Piping ........................................................................................................... 1.5041 -1 Hydrostatic Testing of Pressure Pipelines .......................................................................... .I504 4-1 Copper Tubing, Brass and Bronze Pipe Fittings ................................................................. ..I505 7-1 Cement-Mortar Lined and Coated Steel Pipe and Specials ................................................. 15061 -1 Miscellaneous Couplings, Pipe and Appurtenances ........................................................... .I509 2-1 Process Valves, Regulators and Miscellaneous Valves ...................................................... .I509 9-1 Air Release Valve, Air and Vacuum Valve, and Combination Air Valve Assemblies ............. 15108-1 Backflow Preventers ............................................................................................................ 1-51 12-1 Recycled Water Facilities (Offsite) ....................................................................................... 3.51 51 -1 Heating and Ventilation Equipment Technical Specifications ............................................. .A580 0-1 Short CircuitlCoordination Study Technical Specifications .................................................. .I604 0-1 Basic Electrical Specifications ............................................................................................ ..I605 0-1 Distribution Switchboards and Motor Control Centers Technical Specifications .................... 16400-1 Variable Frequency Drives Technical Specifications ........................................................... A650 0-1 Transient Voltage Surge Suppression System ..................................................................... 1661 5-1 Magnetic Flow Meter Technical Specifications ..................................................................... 1721 0-1 Security and Smoke Detection ............................................................................................. 1.731 0-1 Trenching Earthwork ........................................................................................................... Q 2223-1 Basic Coating and Painting Specifications for Water, Recycled Water, - . Resilient Wedge Gate Valves (RWGV's) ............................................................................. 151 00-1 General Instrumentation and Control Components Technical Specifications ....... .................I 7000-1 tSRevised: 10/08/03 Contract No . 38891 Page 6 of 103 Pages - Item TABLE OF CONTENTS Page APPENDIX A - RESIDENT NOTIFICATION EXAMPLE APPENDIX B - CARLSBAD COASTAL DEVELOPMENT PERMIT AND CONDlTlONAL USE PERMIT APPENDIX C - SDG&E DRAWINGS AND SERVICE ORDER APPENDIX D - MISCELLANEOUS STANDARD DRAWINGS Carlsbad Municipal Water District Standard Drawings Sewer Main Cleanout Sewer Lateral Below Surface 1" & 2" Air Vacuum Valve Assembly & Appurtenance Outlets of D.I. or Steel Main for 1" thru 2" Inch Assemblies Dielectric Connections to Steel Main Valve Box Assembly Concrete Thrust Blocks for Non-Restrained Joints Gate Valve Installation P.V.C., D.I.P., A.C.P. & Steel Pipe Thrust Block Bearing Areas 2 Inch and Under Backflow Installation Extension Stem and Marker Post Protection Post At Grade 2-Wire Test Station with Anodes Exothermic Weld Process 2-Wire Test Station with Anodes Wiring Diagram Magnesium Anode Concrete Test Box Buried Insulating Flange Mechanical Joint Bond San Diego County Regional Standard Drawings Trench Detail PVC andlor Copper Pipe (3'' and Smaller) Chain Link Gate Chain Link Fence Chain Link Fence Details Krieger & Stewart Standard Drawings Pipeline Trench Welded Steel Pipe Cut-to-Fit & Joint Repair Detail 56 57 w7 w9 w10 W13 W15 W16 w19 w20 W23 W24 W26 W27 W28 W29 W30 W31 W 32 1-25 M-5 M-6 M-20 WlOl W137 APPENDIX E - CMWD'S APPROVED MATERIALS LIST FOR USE ON CONSTRUCTION OF - POTABLE AND RECYCLED WATER FACILITIES em %#Revised: 10/08/03 Contract No. 38891 Page 7 of 103 Pages INFORMATION FOR CONTRACTOR A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST: PHONE (760) 602-2460 B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS: CHRISTOPHER M MUEHLBACHER ASSOCIATE ENGINEER PHONE (760) 602-2736 Contract No. 38891 Page 8 of 103 Pages .~ - CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Sealed bids will be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California, 92008-7314, until 4:OO P.M. on the 16th day of March, 2004, at which time they will be opened and read, for performing the work as follows: furnishing all labor, material, and equipment for construction of the Twin D Recycled Water Pump Station. CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION The work shall be performed in strict conformity with the specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the Engineering Department. The specifications for the work include the Standard Soecifications for Public Works Construction (2003 Edition. and any supdements theretoJ, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. *_ The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. Prospective bidders are hereby advised that the project is funded in part by Federal and California State loan funds and Minority Business Enterprise (MBE) / Women Business Enterprise (WBE) Positive Effort Documentation is required. Refer to State Water Resources Control Board (SWRCB) Contract Requirements herein. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District 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 $1 00,000 per contract. - GRevised: 10/08/03 Contract No. 38891 The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: - 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Bidder's Statement of Financial 6. Bidder's Statement of Technical Ability and 7. Acknowledgment of Addendum@) Responsibility Experience 8. Certificate of Insurance, the riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract 9. Bidder' s Statement Re Debarment IO. Bidder's Disclosure Of Discipline Record 1 1. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 12. EquipmenVMaterial Source Information 13. State MBENVBE Information (Attachment B) *Pursuant to California Public Contracts Code section 41 04(a)(2)(A) portions of the information required on documents number four above, may be submitted by the Bidder up to twenty-four (24) hours after the deadline for submitting bids contained in this "Notice Inviting to Bid". All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1,337,000.00. P 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 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 involve federal funds. The following classifications are acceptable for this contract: Classification A, General Engineering If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Cashier's Counter on the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $100.00 Der set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to award of the contract neither addition to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad nor may any bidder rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any - I I I @Revised: 10/08/03 Contract No. 38891 c minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorized officer" for the purposes of section 41 07 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will be held at the Twin D Reservoir site at 1O:OO a.m. on February 26,2004. 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. r Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,000). 2) Firty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: - 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. GRevised: 10/08/03 Contract No. 38891 ,"- - If the bid is accepted, the District 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-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: I) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District 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 Board of Director's 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, by Resolution No.1196, adopted on the 2nd day of December, 2003. ?& Isabelle Paulsen, Deputy Clerk DATED: February 5,2004 4m \#Revised: 10/08/03 Contract No. 38891 ... IC *. a I - City of Carlsbad RE: TWIN D RECYCLED WATER PUMP STATION FOR.THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II, CONTRACT NO. 3889-1 Please include the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. This addendum--receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:dli Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-2430 FAX (760) 602-8553 www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 - @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 ;760 602 8562 # ,,' ;2 2-24-04; 12: 43Ph':C I T~r' OF CARLSBAD L v City of Carlsbad - February 24,2004 ADDENDUM NO. 2 RE: TWIN D RECYCLED WATER PUMP STATfON FOR THE ENCJNA BASIN WATER RECLAMATION PROGRAM, PHASE ll, PROJECT NO.: 3889-1 Please indude the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. Please note change in pre-bid location for the above-mentioned bid. New location for the Pre-bid meetinn Is: Carlsbad Municipal Water District's Conference Room Located at 5950 El Camino Real. Time and Date remain the same: 1O:OO a.m. February 20,2004 This addendum--receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN 6 DAVIS Buyer KD:dli I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 /L r 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553 www.cl.carlsbad.ca.us * Business License (760) 602-2495 - Utility Billing (760) 602-2420 - ! @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 L ~- -- ___ -. - - - - - __ 2-24-04;12:42Ph :CITY OF CARLSBAD II '. ;760 602 e,562 .. CARLSBAD MUNICIPAL WATER DISTRICT ENCINA BASIN WATER RECLAMATION PROGRAM PHASE 11 PROJECT TWIN D RECYCLED WATER PUMP STATION-Contract No. 38891, SWRCB Project No. C-06-3903-230 Addendum No. 2 From: Christopher Muehlbacher, Project Manager Phone: (760) 602-2736 Fax: (760) 602-8562 No. of Pages: 1 Date: February 24,2004 Bid Opening Date: March 16, 2004 at 4:OO pm RNlSlONS TO BID DOCUMENTS: SPECIFICATIONS: - A. REPLACE paragraph 5 on page 11 with the following: A pre-bid . meeting will be held at the Carlsbad Municipal Water District's Conference Room located at 5950 Ef Camino Real at 1O:OO a.m. on February 26, 2004. CARLSBAD MUNICIPAL WATER DISTRICT --.- CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION -. CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 38891 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to At: Item No. A-I A-2 A-3 SCHEDULE "A" TWIN D RECYCLED WATER PUMP STATION DescriDtion Approximate Quantity and Unit Unit Price Mobilization, demobilization, and preparatory work at a stipulated lump sum of Si--Five Thousand Dollars (Stipulated Amount: Do not change) Construction Schedule at a stipulated lump sum of Eighteen Thousand Dollars (Stipulated Amount: Do not change) Agency personnel field office at c Dollars per month Total 1 LS 1 LS 9 months $65,000 $18,000 $500' $65,000 $1 8,000 $ y5aa- 4- '$#Revised: 1 OlO8103 Contract No. 38891 Page 13 of 103 Pages ~~~ Item No. Description A-4 _- _- Provide excavation safety measures for Schedule A for all trenches or open excavations which are 5’ or greater in depth, including sheeting, shoring and bracing, or equivalent method for the protection of life or limb in conformance with applicable safety orders at tcde +ha 4q,a - A-5 A-6 A-7 A-a A-9 Dollars (Lump Sum) Masonry block building, floor, and roof, including all appurtenances (i.e. doors, ventilators, roof hatches, etc.) and related work at 7#a &4 7cn t4 **r)S9AR t Dollars (Lump Sum) Vertical turbine pumping units, including pump cans, motors, and all urtenances and related work at 7Aor)Sk?/rd - Dollars (Each) All piping and appurtenances, including all valves, meters, gauges, supports, connections to existing reservoirs, pipe Surge tank including all appurtenances jXb3$+AA Dollars (Lump Sum) Site work, including clearing and grubbing, grading, overexcavation and recompaction, concrete slabs, fencing, and all related work at tn)Lv Ge 0*<4~J - Doll&-s (Lump Sum) Approximate Quantity Unit and Unit Price Total $50&/ $ s-,ocsQ~ 7 1 LS I 1 LS 4 EA 1 LS 1 LS 7 LS em %#Revised: 10/08/03 Contract No. 38891 Page 14 of 103 Pages Approxi mate Item Quantity Unit No. Description and Unit Price Total A-IO Electrical work, including new electrical 1 LS service, motor control center, variable frequency drives, controls, instrumentation, lighting, conduit and conductors, coordination with SDG&E, and all appurtenances and related work at - A-I 1 Furnish and install one (I) project sign at 1 LS 4rcc f.je31a AI Dollars (Lump Sum) I '00 Total amount of bid for Schedule "A in words:@, m, /I 1 Total amount of bid for Schedule "A in numbers: $ /, q03,o 00, (30 - c)oLhr_s - w %#Revised: 10/08/03 Contract No. 38891 Page 15 of 103 Pages SC H EDULE "B" WIN D PAVEMENT RESTORATION Approximate Item Quantity Unit No. Description and Unit Price Total B-I Asphalt concrete pavement work, 1 LS $55000'$55606 including all pavement removal and replacement, new site pavement, new concrete ribbon gutter, trench paving in Black Rail Road, slurry sealing of existing site pavement, and all related work at fiGh, Kv4 d44d -.c---- Dollars (Lump Sum) B-2 Site and utility modifications; including removal of existing landscaping and irrigation, furnishing and installing new landscaping and new irrigation system, abandoning existing 10" RW line, and relocating existing chlorine system Dollars (Lump Sum) 1 LS OPENED, k'i :-- _.. ._. AKD RECORDED Total amount of bid for Schedule "B" in words: N/,,&%-Y P J-J* f) 1 Dqol r5 . - Total amount of bid for Schedule "B" in numbers: $ 9 0,(30o.aa Total amount of bid including Schedules "A" and "B" in words:mP, hl hh kW d &\La Total amount of bid including Schedules "A" and "B" in numbers: $ I ,4q 3.nho ,Oh The basis for award will be the total amount of Schedules "A" and "B. Price(s) given above are firm for 120 days after date of bid opening. Addendum(a) No(s). proposal. badhave been received and @/are included in this .- The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. c_ 4- \#Revised: 10/08/03 Contract No. 38891 Page 16 of 103 Pages - - 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, the District 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. .- .- I -- 4 The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do a contractor within the State o , classification d which expires on , and that this statement is true and correct and has the legal effect of California, validly licensed under A bid submitted to the District 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 3 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3 10164. - The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal Water District 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 Board of Directors, 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. I c. Accompanying this proposal is . &dcOecr %md Cashier's Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1 ) Name under which business is conducted (2) Signature (given and surname) of propri&w-, (3) Place of Business City and State (4) Zip Code Telephone No. I (Street and Number) e= \#Revised: 10/08/03 Contract No. 38891 Page 17 of I03 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 i CALIFORNIA State of County of SAN DIEGO DEBORAH D. DAVIS, NOTARY PUBLIC , NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC“ * ’On 3/15/2004 before me, DATE personally appeared RIC JOHNSEN , NAME(S) OF SIGNER(S) a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. I WITNESS my hand and official seal. -0 b- 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. 0 INDIVIDUAL ~ CORPORATE OFFIC ‘h S) VICE PRESIDBN+ TITLE(S) 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) 8. 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 SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT IF A PARTNERSHIP, SIGN HERE: (1 ) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) ,\ A (3) Place of Business City and State (4) Zip Code Telephone No. (1 ) Name under which s is conducted Impress Corporate Seal here ... ... ... ... r ... (3) Incorporated under the laws of the State of (4) Place of Business 2s-S 9 5! City and State hII h ro& - F (5) Zip Code NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED I I .-. 4- %#Revised: 10/08/03 Contract No. 38891 ~~- Page 18 of 103 Pages List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing p ners: 4 3wD.N -- -j%Qy,& /I\j Ir A _c_ #= %#Revised: 10/08/03 Contract No. 38891 Page 19 of 103 Pages - ~~~ ~ License Detail Page 1 of 2 I’cliGENERAL ENGINEERING CONTRACTOR License Detail I Contractor License # 630435 IC60 I CALIFORNIA CONTRACTORS STATE LICENSE BOARD WELDING STEEL, STRUCTURAL DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. are disclosed. the arbitration. onto the Board’s license data base. Per B&P 7071 .I 7, only construction related civil judgments known to the CSLB Arbitrations are not listed unless the contractor fails to comply with the terms of Due to workload, there may be relevant information that has not yet been entered 1 Extract Date: 04/1 a2004 * * * Business Information * * * SCW CONTRACTING CORPORATION 2525 N OLD HWY #395 FALLBROOK, CA 92028 Business Phone Number: (760) 728-1 308 Entity: Corporation Issue Date: 10/09/1991 Expire Date: 10/31/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * llclassll DescriDtion II * * * Bonding Information * * * http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Det~l.asp 4/14/2004 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 206857601 in the amount of $10,000 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JEFFREY DEAN SCRAPE 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: 10/09/1991 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-000851 9 Effective Date: 01/01/2000 Expire Date: 01/01/2005 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other - licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2003 State of California. Conditions of Use Privacy Policy http://wwwZ.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 4/14/2004 Personnel List Page 1 of 1 Cnlifarnis Hame Wednesdav. Aoril 14.2004 Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 630435 Click on the person's name to see a more detailed page of information on that person. Name JEFFREY DEAN SCRAPE Title Association Disassociation Class More Date Date Class RMO/P 10/09/1991 A More 10/09/1991 RICHARD WILLIAM VICE JOHNSEN PRESIDENT SUZANNE CAROL SCRAPE S/T 10/09/1991 - License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2003 State of California. Conditions of Use Privacy Policy 4/14/2004 EQUIPMENT/MATERlAL SOURCE INFORMATION TO ACCOMPANY PROPOSAL . CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION The bidder shall indicate opposite each item of equipment or material listed below, the name of the one supplier and manufacturer of each item or equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by District or the manufacturers listed by the Bidder. EquipmenVMaterial Manufacturer 1. - 2. 3. Vertical Turbine Pumps F I o S\sfp,m~ Vertical Hollow Shaft Electric Motors closq.>i-;h 5 - ‘(Manufacturer) 1s Wdos Motor Control Center 4. Flow Meter 5. Surge Arrestor Tank 6. Variable Frequency Drives PVT- (Man‘ufacturer) 4% %#Revised: 10/08/03 Contract No. 38891 Page 20 of 103 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II WIN D RECYCLED WATER PUMP STATION (NOTE: The following form shall be used if check accompanies bid.) is a *Certified *Cashiers check payable to the order of CARLSBAD CT, in the sum of dollars ($ I unt of the bid. The proceeds of this check shall posal shall be accepted by the District through s and the undersigned shall fail to execute a nty and Payment Bonds and proof of insurance eck shall be returned to the undersigned. The erty of the District if the undersigned shall ays after the date set for the opening thereof, e award of the contract to another 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.) c c 4- &#Revised: 10/08/03 Contract No. 38891 Page 21 of 103 Pages ~ ~~~ EhlER'S BOND TO ACCOMPANY RROPOSAL CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION WOW ALL PERSONS BY THESE PRESENTS: That we, SCW CONTRACTING CORPORATION as surety are held and firmly bound unto the Carisbad Municipal Water District, Carlsbad, California, BNapEmynbFaE&Hs: (must be at least ten percent (10%) of the bid amount) exec%&f%rh administrators, successors or assigns, jointly and severally, firmly by these presents, TRAVELERS CASUALTY AND SURETY , as Principal, and COMPANY OF AMERICA T RT 1 for which payment, well and truly made, we bind ourselves, our THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE I1 TWIN D RECYCLED WATER PUMP ST'ATfON in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enfer lnto and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and 3p=~~~m' kmt 4 I 4 inii - .. .. c arrrvur &id District. .... .... .... In the event Principal executed this bond as an individual, it is agreed th not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 15TH day ath of Principal shall Of MARCH ,2004 . PRINCIPAL: SCW CONTRACTING CORPOUTION - (name of Principal) Page 22 of 103 Pages +%?vised: ioioam Contract No. 38891 CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT NO. 5193 before me, DEBORAH D. DAVIS, NOTARY PUBLIC 'i 04/15/2004 I DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC RIC JOHNSEN, KAREN JEAN HALL personally appeared NAME@) OF SIGNER(S) personally known to me - OR - [7 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 ac- knowledged 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@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - 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. INDIVIDUAL CORPORATE OFFICER(S) VICE PRESIDENT TITLE@) 0 PARTNER(S) LIMITED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) [7 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO .' THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT t NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5193 CALIFORNIA SAN DIEGO "'ate of ' Countyof On 3 / 1 5 / 200 4 before me, DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC , DATE SUZANNE C. SCRAPE personally appeared NAME(S) OF SIGNER(S) . personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - 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. 0 INDIVIDUAL CORPORATE OFFICER(S) SECRETARY TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES . DATE OF DOCUMENT I ugh the data requested here is not required by law, .Juld Drevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE .- !- ,I '. VICE PRESIDENT SUZANNE C. SCRAPE (print name here) SECRETARY (title and organization of signatory) Executed by SURETY this 15TH day of MARCH ,2# 04 . SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) 9325 SKY PARK COURT, SUITE 220 SAN DIEGO, CA 92123 (address of Surety) 8581 616-6240 (telephone number of Surety) By: (signature of Attomwn-Fact) KAREN JEAN HALL , ATTORNEY-IN-FACT (printed name of Attorneyin-Fad) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation,) (If signed by an individual partner, the partnership must attach a statement of parhership authorizing €he partner to execute this instrument+) APPROVED A$ TO FORM: RONALD R. BALL General Counsel By: Deputy General Combel\ . ~ Contract NO. 38891 Page 23 of 703 Pages TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY ’ FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: John G. Maloney, Helen Maloney, Mark D. Iatarola, Karen Jean Hall, of Escondido, California, their true and lam Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hisher sole signature and act, any and all bonds, recopzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertalung and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standmg Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal With the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. JOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President y delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is u~ Writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of August 2001. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMZNGTON CASUALTY COMPANY On this 29th day of August, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals -xed to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hisher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Ce~cate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15TH day of MARCH ,20 04. Kori M. Johanson Assistant Secretary, Bond 1MPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the ”Act”), The Act establishes B short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Ad, and to let you know what effect, if any, the Ad will have on your premium, Under the Act, insurers are requited to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act fuflher provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government wili pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers’ statutorily established deductible fur that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $? 00,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium, Company Profile Page 1 of 2 1 Company Profile n TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Effective Date: 07-01-1997 AETNA CASUALTY & SURETY COMPANY OF Old Name: AMERICA Agent for Service of Process ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 31194 NAIC Group #: 3321 Date authorized in California: Company Type: Property & Casualty State of Domicile: CONNECTICUT California Company ID #: 2444-8 July 31, 1981 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=6l... 4/14/2004 ,Company Profile Page 2 of 2 DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Da& Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - February 18,2004 03:13 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co_prof/idb_co~prof~utl.get_co~prof?p~EID=61 ... 4/14/2004 BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and I as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION in the City of Carlsbad, is accepted by the Board of Directors, 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this void; otherwise, it shall be and remain in full force and effect, and be forfeited to the said District. .... .... .... .... .... c ,.--- e c obligation shall become null and the amount specified herein shall .... In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of ,20 . By: (sign here) PRINCIPAL: (print name here) (name of Principal) e% %Revised: 10/08/03 Contract No. 38891 Page 22 of 103 Pages -. .- I Executed by SURETY this day of (Title and Organization of Signatory) ,20 * By: SURETY: (sign here) (print name here) (title and organization of signatory) (address of Surety) (telephone number of Surety) By: (signature of Attomey-in-Fact) (printed name of Attorney-in-fact) (Attach corporate resolution showing current power of attorney.) I (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) _- .- (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Deputy General Counsel e= %#Revised: 10/08/03 Contract No. 38891 Page 23 of 103 Pages GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook) and in the Supplemental Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization.“ Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor‘s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors shall be final. <$Revised: 10/08/03 Contract No. 38891 Page 24 of 103 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. .- Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 4- kSRevised: 10/08/03 Contract No. 38891 Page 25 of 103 Pages ~~ ~ ~ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR‘S BID ITEMS CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II WIN D RECYCLED WATER PUMP STATION 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 ($lO,OOO), 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 Location of Business Subcontractor I I U I I J* I. Subcontractor‘s License No.* y@ gbq Page \ of \ pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” 4- %#Revised: 10/08/03 Contract No. 38891 Page 26 of 103 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany P;oposal) CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION Copies of the latest Annual Report, audited financial statements or Balance Sheets submitted under separate cover marked CONFIDENTIAL. may be 4- ESRevised: 10/08/03 Contract No. 38891 Page 27 of 103 Pages SCW Contracting Corporation Financial Statements June 30,2003 Peter P. Marquardt, C.P.A. 550 West Vista Way, Suite 202 Vista, CA 92083 (760) 758-6071 .- SCW Contracting Corporation Balance Sheet June 30,2003 Assets Current Assets Cash Accounts receivable (Note 3) Prepaid insurance Prepaid tax Officer loans and employee advances Billings in excess of costs and estimated earnings (Note 4) Total current assets Property and Equipment (Note 2) Vehicles Equipment Office equipment Buildings Leasehold improvements Accumulated depreciation Net property and equipment Total Assets I Liabilities & S-xkholders’ Equity $ 73 1,622 1,417,973 23,975 8,011 6,172 (566,859) $ 1,620,893 390,663 186,184 16,928 9,020 159,05 1 (539,615) 222.23 I Current Liabilities Accounts payable Payroll taxes and related liabilities Total current liabilities Deferred tax liability (Note 5) Long-term Debt Total long-term debt Total Liabilities Stockholders’ Equity Common stock, no par value; authorized Retained earnings 100,OOO shares, issued and outstanding 1,OOO shares Total stockholder’s equity Total Liabilities & Stockholders’ Equity ~ ~~~ 1.843.123 205,840 4.187 2 10,027 46,117 46,117 256,144 10,Ooo 1,576,979 1,586,979 $ 1,843,123 See accompanying notes and accountant’s report SCW Contracting Corporation Statement of Income and Retained Earnings For the six months ended June 30,2003 nstruction revenue (Schedule 1) Less: direct construction costs (Schedule 1) Less: indirect construction costs $ 4,070,596 3,219,574 90,39 1 Gross profit General and administrative expense (Schedule 2) Net loss from operations Nursery rental income Miscellaneous income Interest income c Net loss before income taxes Deferred tax expense (Note 5) Net income Retained earnings, December 3 1,2002 Adjustment for overstatement of contract price (net of applicable income tax reduction of $3,747) (Note 7) Balance at December 3 1,2002, as restated Shareholder contributions of capital Retained earnings, June 30,2003 760,63 1 642.7 16 117,915 8,500 14,124 4,802 145,341 (1 7638) 143,703 $ 1,579,357 (193,346) 1,386,011 47,265 $ 1,576,979 See accompanying notes and accountant’s report 4 c m Z m Z I 4 0 0 C 5 Q P rn E! rn 0 0 E 0 0 0 0 0 P P IA P VI 0 0 P b 0 P u1 01 0 0 0 0 P rn ? 0 rn I rn z --I v) 0 C 0 7; rn rn I I- w c E 5 E -4 8 D a E rn 3 IJ n D z 5 I- I- rn -4 A m i 0 br) t E I- 1 I rn G) E 0 X W r -0 z C 0 0 0 cn -u rn r zi rn 5 -. 5 2 z z -. 8 x s I- x 8 Q- I I A 0 x C z P P 73 F /-- 3 P R 6 cl 0 K C I C z h Q r, -0 73 F F rn I- j I L 3 i I ~ 4 P al 0 0 -. ? ? D D , I I W W 9 D z z 0 I- I I 0 O rn < 0 0 9 z E E ?I 2z z s 3 F W W 2 -I;; B 3 W A D D CW z z rn rn 71 P m - z 0 D z E I- z m rn < W e 5 m ?I W D E cn 5 i! -I A cn ? z -I $ W n n -I -I w D 5 B 3 P W c cn =! g P z 7i x r I 0 0 W A z i ? , -0 3 rn % E 0) rn 4 I ,- I 2 R 6 F -< - rn ;o F 0 I 0 0 z z -I 4 2 2 2 R 1% P IP n 6 8 4 P 0 -i ;D E E! 0 0 3 3 z C z F to < U D 10 10 2 0 x - 0 -I < Q P B 0, 0 0 < D rn < I- I- 0 -I < - R P cn 0 rn 0 0 -1 ;D cn -I rn 0 < ,- m z D a E! a E U n n 1 6 3 3 n D 3 d 1 ? 2 ? n ? s J 3 3 - n s A 4 n I P 0 k 3 D 3 C v) 4 5) z i! 0 n 0 I I I I I I I I I I I ;11 A 0 0 0 0 0 0 9 9 00 I I 5% ;(In 00 00 - o_o I I FF 55 PP 44 -0 -0 zz rn rn rn rn +--I _- -I z 0 -i XI c 0 F P $ -0 z 0 -I rn 6 B a I 0 -i I fe 8 x I I K P -I t FF 2 --I -i I .< ----I-- 4 4 3 3 N c. 8 A 8 c x . -_ .. - _- c A BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION 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 District to judge hidher responsibility, experience and skill. An attachment can be used. 4- %#Revised: 10/08/03 Contract No. 38891 Page 28 of 103 Pages ~ BIDDER'S CERTIFICATE OF INSURANCE FOR . . - GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II WIN D RECYCLED WATER PUMP STATION - (To Accompany Proposal) 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: Comprehensive General Liability Workers Com pensat ion c 2 Automobile Liability Employer's Liability 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, Employer's Liability, Automobile Liability and Workers Compensation 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: (I) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. (2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the cowage is for "any auto" and cannot be limited in any manner. c em, %@Revised: 10/08/03 Contract No. 38891 Page 29 of 103 Pages ~~ ~ ACCB.QCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOmrv) 06/25/2004 PRODUCER (6 19) 584 - 6400 Westland Insurance Brokers I- 3838 Camino Del Rio North #315 FAX (619) 584-6425 O. Box 85481 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A ,dn Diego, CA 92186-5481 INSURED SCW Contracting Corp. &,J 7 7 1 INSURERS AFFORDING COVERAGE NAlC # INSURER E: American States Insurance Co. 19704 INSURERA Westchester Fire Ins. Co. 2&2/ GENERAL LIABlLllY CLAIMS MADE OCCUR 2525 N. Old Hwy #395 Fallbrook, CA 92028 H I INSURER C: INSURER D. INSURER E I GENLAGGREGATE LIMIT APPLIES PER: I AGG AUTO ONLY: LOC AUTOMOBILE LIABILITY 01CE7042125 12/01/2003 $ x ANYAUTO R ALL OWNED AUTOS ~ ~~ WC STATU- OTH- E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE SCHEDULED AUTOS $ $ $ x NON-OWNED AUTOS 1 E.L. DISEASE - POLICY LIMIT GARAGE LIABILITY ANY AUTO k $ EXCESSUMBRELLA LIABILITY OCCUR CLAIMS MADE b dith respect to General Liability Certholder Added as Additional Insured per CG2OlO 11/85 Endorsement *Except 10 Day Notice of Cancellation for Non Payment of Premium CFRTIFICATE HOLDER C-TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL-- MAIL 30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DEDUCTIBLE RETENTION $ NORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4NY PROPRIETORIPARTNERIEXECUTIVE 3FFICERNEMEER EXCLUDED? City of Carlsbad Purchasing Dept. 1635 Faraday Ave. Carlsbad, CA 92008-7314 f yes, describe under SPECIAL PROVISIONS below 3THER IKM~~wmxlAMu~xx ~lAKI~n~~~N~~~xxxxxxxx 7i .,p.b AUTHORIZED REPRESENTATIVE Patrick Rei1 1 y/LESLIE OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PR Basin Water Reclamation, Phase 11, Project No. 3889, PERSONAL 8 ADV INJURY GENERAL AGGREGATE 12/01/2004 COMBINED SINGLE LIMIT $ 1 - 000.00 (Ea accident) BODILY INJURY (Per person) (Per accident) I PROPERTY DAMAGE (Per accident) I I AUTO ONLY - EAACCIDENT I $ I EACH OCCURRENCE I$ AGGREGATE I$ I - POLICY NUMBER: GLW777806 COMMERCIAL GENERAL LIABILITY INSURED: SCW CONTRACTING CORP. DBA: SCRAPE CERTIFIED WELDING EFFECTIVE: 12/5/2003 to 12/5/2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance coverages under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by Contract, Provided the Contract is Executed Prior to Loss City of Carlsbad, its officials, employees and volunteers Re: Encina Basin Water Reclamation Phase 11, Project No. 3889-1 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of “your work for that in- sured by or for you. I CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE COMPENSATION INSURANCE rc- ISSUE DATE: 06-25-2004 CITY OF CARLSBAD PURCHASING DEPT 1635 FARADAY AVENUE CARLSBAD CA 92008-7314 GROUP: 000046 POLICY NUMBER: 8519-2004 CERTIFICATE ID: 162 CERTIFICATE EXPIRES: 01 - 01-2005 01-01-2004/01-01-2005 JOB: ENCINA BASIN WATER RECLAMATION PHASE 11, PROJECT NO. 3889-1 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. - AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ,- SCRAPE CERTIFIED WELDING, INC. AND/OR SCW CONTRACTING CORPORATION 2525 N OLD HIGHWAY 395 FALLBROOK CA 92028 SClF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT' Insured: SCW Contracting Corp Policy: GLW777806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION 4, OTHER INSURANCE, AMENDED - NON CONTRIBUTORY Paragraph Ac. 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 noncontributory, 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 insum's share is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of all insurers. GLE 0007 01 96 - ~ ,.- WESTLAND INSURANCE BROKERS 3838 Camino del Rio No. Ste. 315 San Diego, CA 92186 Phone (619) 584-6400 Fax (619) 584-6425 Lic# 0727828 Date: 12/4/03 - Re: SCW Contracting Corp. Policy: GLW777806 Term: 12/5/03 to 12/5/04 dba: Scrape Certified Welding To Whom It May Concern: Certificate Holders for certain job performed by the above captioned insured require the cancellation wording for their certificate of insurance be amended to exclude the “endeavor to ...... but failure to .....” wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation of non-renewal, Westland Insurance Brokers will advise Certificate Holder of said change and will not be the responsibility of Insurance Company. Sincerely , Authorized R&res&ative POLICY # Symbol 1 2 3 4 5 6 7 8 9 COMMERCIAL AUTO CA00 01 10 01 Description Of Covered Auto Designation Symbols Any "Auto" Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. Owned Private Only the private passenger "autos" you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li- Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. Owned "Autos" Only those "autos" you own that are required to have No-Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Only those "autos" you do not own, lease, hire, rent or borrow that are used in con- nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal Nonowned "Autos" Only BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols I affairs. CA 00 01 10 01 0 IS0 Properties, Inc., 2000 Pagel of 11 0 ~~ 1. _I 2. 3. 8. Owned Autos You Acquire After The Policy I. If Symbols I, 2, 3, 4, 5 or 6 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: .- Begins "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. "Mobile equipment" while being carried or towed by a covered "auto". Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". Page 2 of 11 We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit'' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does no! apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. ?. Who Is An lnsured ,* The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. G IS0 Properties Inc , 2000 CA0001 1001 ~ c. Anyone liable for the conduct of an "in- ' B. Exclusions sured" described above but only to the ex- tent of that liability. ing: This insurance does not apply to any of the follow- 1. Expected Or intended injury L 2. Coverage Extensions a. Supplementary Payments "Bodily injury" or "property damage" expected In addition to the Limit of Insurance, we will or intended from the standpoint of the "in- pay for the "insured": sured". (I) All expenses we incur. 2. Contractual (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. - - b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. This exclusion applies: CA00 01 10 01 0 IS0 Properties, Inc., 2000 Page3 of 11 I BIDDER’S STATEMENT RE DEBARMENT CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? no 2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. I party debarred party debarred - agency agency - period of debarment period of debarment Page \ of I pages of the Re Debanent form *3 fc Revised: 1 0108103 Contract No. 38891 Page 30 of 103 Pages . .. - .- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION 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. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or. ore times within an eight year period? ? Has the suspension or revocation of your contractors license ever been stayed? Yes no r”ln 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? A Has the suspension or revocation of the license of any subcontractor‘s that you propose to perform any portion of the Work eyer been stayed? yes no fi/~( 5. 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If neede.d attach additional sheets to provide full disclosure.) Page of % pages of this Disclosure of Discipline form tSRevised: 10/08/03 Contract No. 38891 Page 31 of 103 Pages ~ __ - 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. 0 INDIVIDUAL CORPORATE OFFICER(S) VICE PRESIDENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 51 I I I I I I I I 1 I , CALIFORNIA t County of SAN DIEGO *.On 3 / 1 5/ 7 004 before me, DEBORAH D. DAVIS, NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC , NAME(S) OF SIGNER@) personally appeared WC JOHNSEN I personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION .THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 'HE DOCUMENT DESCRIBED AT RIGHT: DATE OF DOCUMENT ,ugh the data requested here is not required by law, .Juld prevent fraudulent reattachment of this form. TITLE(S) 0 PARTNER(S) 0 LIMITED n GENERAL U [7 ATTORNEY-IN-FACT TRUSTEE(S) 0 GUARDlANlCONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION 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 pnvide full disclosure. V Page 2 of 2 pages of this Disclosure of Discipline form 4ii \#Revised: 10/08/03 Contract No. 38891 Page 32 of 103 Pages _- ^- I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID CONTRACT NO. 38891 ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PUBLIC CONTRACT CODE SECTION 7106 TWIN D State of California County of qm baqo RECYCLED WATER PUMP STATION ) ss. - g1c \hJlI?ss/) , being first duly sworn, deposes (Name of Bidder) n and says that he or she is (Title) (Name of FiT) of W 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 tc.- effectuate a collusive or sham bid. I declare under true and correct and that this affidavit was executed on the , 20w. day of 120 - (NOTARY SEAL) Signature of Notary b Revised: 10/08/03 Contract No. 38891 . Page 33 of 103 Pages CONTRACT ZF'NSEhw G$ babu $,a& PROJECT DESCRIPTION 0 ' &akQ &ha& *@q{W, PAQXZ fiH ~ 0 MBE 0 WE AMOUNT OF CONTRACT$ MBWE INFORMATION a NONE* I -CONTRACTNO cE//~bhc/i Ca. PROJECT LOCATION 0 MBE I CONTRACTOR 5 JOINT VENTURE 0 SUPPLIEWSERVICE 0 BROKER / 6E 0 WBE &CONTRACTOR 0 SUPPLIEWSERVICE 0 JOINT VENTURE 0 BROKER AMOUNTOFCONTRACT $ 7 694 c NAME AND ADDRESS (Include ZIP Code) ctc, I& 53TJCy449 ~,r5CplJ.c& , ccc 9Ee. sa, 4A&.a*& s4' +c PHONE 3bo-7qo-oL8~ x e- non-responsive. / 0 MBE EfEEE GM~CONTRACTOR 0 SUPPLIEWSERVICE 0 JOINT VENTURE 0 BROKER AMOUNTOFCONTRACT S 1, 5& 3 - Issue Date: November 7,2003 NAME AND ADDRESS (loclude ZIP Code,) n&uJ dnc. /o~*~ 840 5- @4/UI, c4 4=79 Le e 3 4 Y - /G 7 9 PHONE 7 BP- 31 - -~ c I 0 MBE 0 WBE 0 SUBCONTRACTOR 0 SUPPLIEWSERVICE 0 JOINT VENTURE 0 BROKER NAME AND ADDRESS (Include ZIP Code) AMOUNT OF CONTRACT $ PHONE / /- CONTRACT PUBLIC WORKS This agreement is made this 8&, day of , 20 Of, by and between the Carlsbad Municipal Water District of Carlsbdf, Ca&ornia, a municipal corporation, (hereinafter called "District"), and SCW CONTRACTING CORPORATION whose principal place of business is 2525 N. OLD HWY 395, FALLBROOK, CA 92028 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II, WN D RECYCLED WATER PUMP STATION, CONTRACT NO. 38894 JANUARY, 2004 (hereinafter called "project") 2. equipment, and personnel to perform the work specified by the Contract Documents. F Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, herlhis 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 thfough the life of the-Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materids 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, District shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and any supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Cnntrart Nn 18RQ1 - 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 District about underground conditions or other job conditions is for Contractor's convenience only, and District 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 District. - 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 District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. indicated. Differing Conditions, Subsurface or latent physical conditions at the site differing from those C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District 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. c In the event'that a dispute arises between District 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. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 4- tSRevised: 10/08/03 Contract No. 38891 Page 35 of 103 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District and the City of Carlsbad, 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 District or 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 and District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City and District. Defense costs include the cost of separate counsel for City and District, if City or District request separate counsel. IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the District's policy for insurance as stated in Resolution No. 772. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District and City, or its agents, officers or employees are additional insured. F b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: a. The District and City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District or City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability and employers' liability. - em %$Revised: 10/08/03 Contract No. 38891 Page 36 of 103 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. rc c. to the District and City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided - d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the District by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S1.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District and City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or City or any of its officials or employees. - (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California andlor under the standards specified by the Board of Directors in Resolution No. 772. (H) Verification Of Coverage. Contractor shall furnish the District 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 District and are to be received and approved by the District before the Contract is executed by the District. (I) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included *- %#Revised: 10/08/03 Contract No. 38891 Page 37 of I03 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (Commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the District using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing - any lawsuit for breach of this agreement. /I (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District 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 District, it may be considered fraud and the Contractor may be subject to criminaf 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 Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to mover its litigation costs, including attorneys fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. - (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Carlsbad Municipal Water District 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 I1 above. -%& (India 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. /-- e- %$Revised: 10/08/03 Contract No. 38891 Page 38 of 103 Pages ~~ ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 ite of SAN DIEGO KAREN JEAN HALL, NOTARY PUBLIC I NAME, TITLE OF OFFICER. E.G.. 'JANE WE. NOTARY PUBLIC' On 06/28/2004 before me, DATE SUZANNE C. SCRAPE ,iersonally appeared NAME(S) OF SIGNER(S) I 1 a personally known to me - OR - 0 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by h is/her/the i r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WlTNESs mv hand and official seal. I I I I I I I - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable lo persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) SECRETARY TITLE(S) 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) -OPTIONAL SECTION TM'S CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Jgh the data requested here is not required by law, 0 *auld prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE on 06/28/2004 before me, KAREN JEAN HALL, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' 1 DATE RIC JOHNSEN NAME(S) OF SIGNER(S) personally appeared GJ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged 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@), or the entity upon behalf of which the person(s) acted, executed the instrument. , - 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. INDIVIDUAL &7 CORPORATE OFFICER(S) VICE PRESIDENT 0 PARTNER(S) 0 LIMITED TITLE@) 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT D Though the data requested here is not required by law, it could Prevent lraudulent reattachment 01 this form. SIGNER(S) OTHER THAN NAMED ABOVE - 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District 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 District may be substituted for monies withheld to ensure performance under this Contract. 15. 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. 16. 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) r ATTEST: SUZANNE C. SCRAPE, SECRETARY - (print name and title) ( President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL General Counsel I By: e- %#Revised: 10/08/03 Contract No. 38891 Page 39 of 103 Pages EXECUTED IN TRIPLICATE BOND NO. 6244737 -~~~~M-~aPorm LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the City of Carldad, State of California, by Resolution No. 1213,.,, adopted ~ J,une 8. 2004 , has awarded to SCW CONTRACTING CORPORATION (hereinafter designated as the "Principal"), a Contract for; ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE If TWIN D RECYCLED WATER PUMP STATION, CONTRACT NO. 38891 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Ofke of the Secretary of the Board of Directof$ (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, SCW CONTRACTING CORPORATION , as Principal, (hereinafter designated as the "Contractor"), and WECO I" CE COMPANY OF AMERICA . as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ONE MILLION, I FOUR HUNDREP NINETY-THREE THOWSAND 001100 Dollars ($ _. $1.493.000.00), said sum being an amount equal to; One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successc)rs, or assigns, jointly and severally, firmty by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code sedion 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor perfomed 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 attorneys 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 adin to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. ic DEBORAH D. DAVIS, NOTARY PUBLIC , NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" 6/28/2004 before me, DATE , On RIC JOHNSEN, SUZANNE C. SCRAPE personally appeared 1 NAME(S) OF SIGNER@) Cp lFORNlA AILPURPOSE ACKNOWLEDGMENT No 5193 Y personally known to me - OR - 0 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 ac- knowledged 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notaly to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) VICEPRBSTDENT.1 TITLE@) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYUES) OPTIONAL SECTION '11s CERTIFICATE MUST BE ATTACHED TO tE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER@) OTHER T"'J "iJED ABOVE DATE OF DOCUMENT Though the data requested here is not required by law, it could orevent fraudulent reattachment of this form. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 51! 0 State of CALIFORNIA County of SAN DIEGO DEBORAH D. DAVIS, NOTARY PUBLIC , NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" On 6/28/2004 before me, DATE KAREN JEAN HALL personally appeared I NAME(S) OF SIGNER(S) a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged 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. WITNESS my hand and official seal. - .- - SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY -I N-F ACT TRUSTEE(S) 0 GUARDIAN/CONSERVATOR c] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYOES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT I it could Drevent fraudulent reattachment of this form. SIGNER@) OTHER THAN "JED ABOVE day af JUNE ,2004 - Executed by CONTRACTOR this 28TH Executed by SURETY this 28TH day of 04 ... 120 .' JUNE CONTRACTOR: SUREPI: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) (address of Surety) 330 NORTH BRAND BOULEVARD-TENTH FLOOR GLENDALE. CA 91703 RIC JOHNSEN (print name hem) VICE PRESIDENT SUZANNE C. SCRAPE 81 8 / 95 6-4200 By: '(signature of Wey-in-Fact) (printed name of Attorney-in-Fact) KAREN JEAN HALL, ATTORNEY-IN--FACT "... (print name here) (attach corporate resolution show'ng current power of attorney) SECRETARY - c (title and organization of signatoy) (Proper notarial acknowledge 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: I RONALD R. BALL POWER * A E OFATTORNEY 7 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEAlTLE. WASHINGTON 98185 No. 8062 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint LEN LEN MALONEY; JOHN G. MALONEY, MARK D. IATAROLA; KAREN JEAN HALL; Escondido, California***************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of November , 2002 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any Jnstrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or idertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. ,e necessary to the validity of any such instrument or undertaking." "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 509741SAEF 2/01 this 28TH day of JUNE , 2004 . CHRISTINE MEAD, SECRETARY @A registered trademark of SAFECO Corporation 11/12/2002 PDF IMPORTANT NOTiCE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $1 00 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 3/03 FAITHFUL PERFORMANCEWARRANTY BOND WHEREAS, the 8oard of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, State of California. by Resolution No. ! 21 3 ,adopted JUNE 8, ?a04 ., has awarded to SCW CONTRACTING CORPORATION , (hereinafter designated a5 the "Pnncipar"), a Contract for: ENClNA BASiN WATER RECLAMATION PROGRAM, PHASE 11, TWlN D RECYCLED WATER PUMP STATION, CONTRACT NO. 38891 in the Carisbad Municipal Water District, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (City Clerk of the City of Carisbad), all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SCW CONTRACTING CORPORATION , as Principal, (hereinafter designated as the "Contractor"). and SAFE0 INSURANCE COWANY OF AMERICA , as Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in the sum of ONE MIlLION, FOUR HUNDRED NINETY-THREE THOUSAND E 00/100 Dollars ,- ($ 1.,493,000.00 }, said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointfy and severally, finnfy 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 buly keep and perform the covenants, condition's, 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 Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time. alterations or addition to the terms of the contract or to the work or to the specifications. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 CALIFORNIA dtate of County of SAN DIEGO DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" / * / 2004 before me, DATE On RIC JOHNSEN, SUZANNE C. SCRAPE personally appeared NAME(S) OF SIGNER(S) 1 personally known to me - OR - 17 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - 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. INDIVIDUAL CORPORATE OFFICER(S) VICE PRESIDENT. SECRETARY 0 PARTNER@) 0 LIMITED TITLE(S) 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION * LHlS CERTIFICATE MUST BE A'TTACHED TO 'E DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES DATE OF DOCUMENT 1 Though the data requested here is not required by law, it could Drevent fraudulent reattachment of this form. SIGNERG) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 ' State of CALIFORNIA DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G , "JANE DOE, NOTARY PUBLIC" On 6/28/2004 before me, DATE KAREN JEAN HALL personally appeared I NAME(S) OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledaed to me that he/she/thev executed the sake 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 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, TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT I it could Drevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE _I_- -_ - 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, , .?TH Executed by SURETY this 28TH .- day of dayaf JUNE , 20&. JUNE ,2004 . CONTRACTOR: RIC JOHNSEN (print name here) VICE PRESIDENT (Title and Organization of Signatory) n SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) 330 NORTH BRAND BOULEVARD-TENTH FLOOR GLENDALE, CA 91203 (address of Surety) (telephye number of Surety) 818/956-4200 --- c KAREN JEAN HALL, ATTORNEY-IN-FACT (printed name of Attomey-in-Fact) .. SUZANNE C. SCRAPE (Attach corporate resolution showing current (print name here) (Title and Organization of signatory) power of attorney.) SECRETARY ' [Proper notanal acknowledge 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 offcer 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 General Caunsel '. .- .- a- . . .-.. SAFECO" ? I-- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 8062 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***************************HELEN MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; Escondido, California***************************** its true and lawful attorney($-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of November , 2002 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK. PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDEILITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any ,instrument making or evidenciny such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or idertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. necessary to the validity of SI iy such instrument or undertaking." "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying c "icer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary c1 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the E )-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the F /-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation , 2004 -- this 28TH day of JUNE CHRISTINE MEAD, SECRETARY S-0974EAEF 2/01 @A registered trademark of SAFECO Corporation 11/12/2002 PDF r- IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, first National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. - Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $1 06 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. c 56248 3/03 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter ca I led "Contractor" and whose address is hereinafter called "Escrow Agent .I1 For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as foliows: 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 District pursuant to the Construction Contract entered into between the District and Contractor for ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II, TWIN D RECYCLED WATER PUMP STATION, CONTRACT NO. 38891 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District 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 District 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 lequired to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District 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 District 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 District 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 District. These expenses and payment terms shall be determined by the District, 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 District. 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 District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. I 4- %#Revised: 10/08/03 Contract No. 38891 Page 44 of 103 Pages __I-- -- ,- 7. The District 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 District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the District 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 District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District 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 District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name For Contractor: For Escrow Agent: Signature Address Title Name S ig nature Address Title Name Signature Address .- e- %#Revised: 10/08/03 Contract No. 38891 __I- l____l_- Page 45 of 103 Pages At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. - IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: For Contractor: For Escrow Agent: Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address 4- f#Revised: 10/08/03 Contract No. 38891 Page 46 of 103 Pages SUPPLEMENTAL PROVISIONS FOR ENClNA BASIN WATER RECLAMATION PROGRAM, PHASE II TWIN D RECYCLED WATER PUMP STATION CONTRACT NO. 38891 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART I, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS 'I Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be un'derstood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency or Owner - the Carlsbad Municipal Water District of Carlsbad, California. Board of Directors - the Board of Directors of the Carlsbad Municipal District of the City of Carlsbad. Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hidher c approved representative. @Revised: 10/08/03 Contract No. 38891 Page 47 of 103 Pages Dispute Board - persons designated by the Executive Manager to hear and advise the Executive Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for informal dispute resolution. Engineer - the District Engineer of the Carlsbad Municipal Water District or hisher approved representative. The District Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. I 0 Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work, Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee Principal inspector - The Senior Inspector’s immediate supervisor and second level of abpeal for Project inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager - the Project Inspector‘s immediate supervisor and first level of appeal for informal dispute resolution. Project Manager - the District Engineer of the Carlsbad Municipal Water District or hidher approved representative. of the Agency or a public utility informal dispute resolution. $ ‘. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words i Apts Bldg CMWD CSSD cfs Comm DR E G gal Gar GNV gPm IE LCWD MSL MTBM NCTD OHE OMWD ROW S SDNR SDRSD SFM SWRCB T UE W WD Apartment and Apartments Building band Buildings I Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Dimension Ratio Electric Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Mean Sea Level (see Regional Standard Drawing M-12) Microtunneling Boring Machine North County Transit District \ Overhead Electric 'I Olivenhain Municipal Water District Rig htaf-Way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawings Sewer Force Main State Water Resources Control Board Telephone -I Underground Electric Water, Wider or Width, as applicable Vallecitos Water District I I ! SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board of Directors 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 of Directors and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board of Directors shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest wrsion of U.S. Department of Treasury Circular 570." Modify Paragraphs three and four to read: The Contractor shall provide a faithful performancelwarranty bond and payment bond (labor and materials bond) for this contract. The faithful performancelwarranty bond shall be in the amount of 100 percent of the contract price . The e* %#Revised: 10/08/03 Contract No. 38891 Page 49 of 103 Pages a Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable bu the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000. 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount ayable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ( P 10,000,000). 3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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 perforrnanceharranty 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 material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance camer 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: ! I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. instrument entitling or authorizing the person who executed the bond to do so. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and any supplements thereto, hereinafter designated "SSPWC", as written and promulgated by the 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 construction plans consist of one set. This set is designated as City of Carlsbad Drawing No. 409-68 and consists of 38 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent edition of the Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in Precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Addenda issued during the bidding process. 3) Supplemental Provisions. 4) SWRCB Contract Requirements 5) Construction Plans. 6) Technical Specifications. Cnntrmt Nn 388QI 7) 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. 8) Standard Specifications for Public Works Construction. 9) Reference Specifications. 1 0) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through IO) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Furnish six (6) copies of each submittal. 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 has 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 6) Description of the contents of the submittals. 7) Identification of deviations from the contmct documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he 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: Except as may otherwise be provided herein, the Engineer will return prints of each submittal to the Contractor, with his comments noted thereon, within 30 calendar days following their receipt by the Engineer. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of a submittal item. The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second submission. If 3 copies of a submittal are returned to the Contractor marked "NO EXCEPTIONS TAKEN" formal revision and resubmission of said submittal will not be required. If 3 copies of a submittal are returned to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision and resubmission of said submittal will not be required. @ If 1 copy of the submittal is returned to the Contractor marked "AMEND AND RESUBMIT", the Contractor shall revise said submittal and shall resubmit required number of copies of said revised submittal to the Engineer. If 1 copy of the submittal is returned to the Contractor marked "REJECTED-RESUBMIT", the Contractor shall revise said submittal and shall resubmit required number of copies of said revised Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-todate a cpmplete "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 ki i ds 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 upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. submittal to the Engineer. i I 2-9 SURVEYING I 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after constrqrction at the site of the replacement is completed. The surveyor shall file comer record(s) as required by $5 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. I 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, AI1 surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8'/; by 11") paper. The field notes, calculations and data shall be clear and complete with name of the Surveyor, the party chief, field crew members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with $5 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing 4- %#Revised: 10/08/03 Contract No. 38891 steel 'and all monuments and marks that are at, or accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder, Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area' marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other. areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be inshlled by others. , I Cnntrsct NO. 38891 Page 53 of 103 Pages Feature Staked Street Centerline Clearing I surfaces SloDe I RP + Marker Stake Description a SDRS M-10 Monument Lath in soil, painted line on PCC & AC ,- Fence I Stake RP + Marker Stake course I Rough Grade Cuts or Fills 2 10 m (33') Final Grade (includes top of: Basement soil, subbaseand 8 similar FacilitiesO, @ RP + Marker RP + Marker Stake RP + Marker Stake, Blue- top in gradinE area Stake Traffic Signal 6 CIontroIIer CII Junction Box 0 Conduit 0 I Sional Poles & I RP + Marker Stake RP + Marker Stake RP+ Marker Stake I Stake + Line Stake I Stake I RP + Marker Wall 0 Stake + Line Point +Guar0 I Stake TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Major Structure 8 I Footinns, Bents.1 RP + Marker Abutments & Stake + Line Wingwalls Point +Guarc I Stake e% Revised: 10/08/03 Centerline or Parallel to Centerline Spacing@, (K, 5300m (1 OOO'), Street Intersections, Begin and end of curves, only when shown an the plans lath - Intervisible, I 15m (50') on tangents & I 7.5m (25') on curves, Painted line - continuous Intervisible and I 15m (50') I 60 m (200') on tangents, I 15m (50') on curves when R2 300m (1000) & 7.5m (25') on curves when R< 300m (1 000') I 15m (50') I 15 rn (50') on tangents & curves when R2 300m (1 000') & I 7.5m (25') on curves when R I 300m (1000') I 7.5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information ntervisible 8.5 7.5m (25'), beginning and end, BC 8 EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers 8 similar facilities (except plumbing), Skewed cut-off lines s 7.5rn (25'), BC & EC, at %A, %A & '*A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location s 15 m (50') on tangents & curves when R2 300m (1000') & 57.5m (25') on curves when R I 300m (1 000') or where grade I 0.30% for catch basins: at centerline of box, ends of box 8 wings & at each end of the local depression (3 I 15 m (50') & along end slopes & conic transitions I 15 m (50') and at beginning & end of each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 3 rn to IO m (1 0' to 33') as required by the Engineer, BC & EC, transition points 8 at beginning & end. Elevation points on footing: at bottom of columns Contract No. 38891 Lateral Spacing €3, 0 on street centerline at clearing line Grade Breaks & s7.6 m (25'1 NIA ( constant offset) N/A 16.7 rn (22') edge of pavement, paving pass width, crown line 8 grade breaks as appropriate (constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriatc Setting Tolerance 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein 0.3 m (1') Horizontal W*In) 30 mm (0.1') Vertical & Horizontal 30 (nm (0.1') Horizontal 30 mm (Oil') Vertical & Horizontal 10 mrn ("/$") Horizontal i3 7 mm ( /4") Vertical ! I 10 mm ("/q") Horizontal & 7 rnm ( /4*) Vertical 10 mm ("/q-) Horizontal & 7 mm ( 4') Vertical I 10 mm (''0 Horizontal & 7 mm ( /4") Vertical 10 mm ("/a") Horizontal & 7 mm ('/;on) vertical 10 mm ("/e;) Horizontal 8 7 mm ( /4") Vertical 10 mm ("/a") Horizontal 8 when depth cannot be measured from existina Davement 7 mm ("id") Vertical 10 rnm ("la") Horizontal & 7 mm ('I;") Vertical (when vertical data needed) 30 mm ~0.17 Vertical & Horiz6ntal 7 rnm ( Horizontal 8 7 mm ('14.) Vertical Page 54 of 103 Pages 10 mm (*I!") Horizontal & 7 mm ( /4") Vertical Miscellaneous (9 Contour Grading Stake (2, Centerline or Parallel to Centerline Description Spacing@, Q Channels, Dikes & Ditches 0 Signs 0 I Lateral Spacing @, Q Subsurface Drains (D Stake RP + Marker Overside Drains a Markers tangenis & curves when R"300m (IOOOj 8 I 7.5m (25) on curves when R I 300m (1000'). At beginning 8 end and s 15 m (50') on location(s) at railing & Railings & Bamers 0 Stake RP + Marker Pavement Markersa tangents.-& curves when R 2 300m (I 000') 8 5 7.5m (25') on curves when R I 300m (1000') At beainninn & end barrier location(s) as appropriate - - Stake 3 m to 10 m (IO' to 33') as required by the Engineer, BC & EC, transition points & at beginning 8 end. Elevation points on footings RP .. . as appropriate RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line 'oint +Guard Stake RP + Marker Stake RP + Marker Stake RP '3 m to IO rn (10' to 33') sufficient to use string I lines, BC EC, transition points 8 at lbeginning & end. Elevation points on footings at bottom of columns 8 at invert 60 m (200') on tangents, 15m (50') on curves when R 2 300m (1000') 8 7.5m (25) on curves when R 5 300m I10007 For PCC at pavement marker location(s) I I 15 m (50') I 15 m (50') on tangents & curves when R2 300m (I 000') 8 s 7.5117 (25') on curves when R I 300m (I 000') or where grade 5 0.30% intervisible 8 5 30 rn (I 00'), BC (51 EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & s 15m (507, BC 8 EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers 8 similar facilities longitudinal location as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning 8 end m RP + Marker 1 for amhalt street surfacina s 15 m 150') on I At marker I surfaced streets lane cold joints will suffice I and the accuracy requirements of the RP meet the requirements for the feature 0 Staking for feature may be omitted when adjacent marker stakes reference the offset and elc Setting Tolerance (Within) 10 mm (?/() Horizontal & 7 mrn ( ha) Vertical 3q rnrn (0.4') Vertical & I Horizbntal 10 mrn ("/() Horizontal & 7 mrn ( 1J) Vertical 30 mm (0.1,') Horizontal & 7 rnrn 30 rnrn (0.1') Hori,zontbl&. 7 mm ( /4") Vertical 30 rnrn!(O.l') Horiiontag7 rnm ( /4?V cal 7 rnrn ('/4n)Horkontal 10 rnrn Horizontal & Vertical *., . 30 rnrnIO.1') Horizontal 8 Vehical 10 mrn (79.) Horizontal & -7 mm ( /4") Vertical 7 mm ('14") Horizontal ation of those features €9 (3 Perpendicular to centerline. @ Some features are not necessarily parallel to centerline but are referenced thereto 0 Multi-plane surfaced features shall be staked so as to provide line 8 grade information for each plane of the feature @ 2 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number 8 The cut datum for storm drainage & sanitary sewer pipes 8 similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation 8 inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table following the symbol. All guard stakes, line stakes and lath shall be lagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) Contract No. 38891 Page 55 of 103 Pages TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include fuN compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of comer records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractor‘s 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 the 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 of its subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 4- \$Revised: 10/08/03 Contract No. 38891 Page 56 of 103 Pages SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 33, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, 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 & 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 rates published therein are not a part of this contract. second paragraph, modify as follows: '1 3-3.2.3 Markup, replace with the following: (a) and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and Work by Contractor. The following percentages shall be added to the Contractor's costs 3) Equipment Rental ................... 15 Other Items and Expenditures .. 15 4) 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 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Psoa 57 of 103 Paaes The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. I The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." i By: Title: I 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 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. Add the following: 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. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: I subsequently filed on the basis of said notice of potential claim. I 'I 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. Executive 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 District 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 District 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 Executive Manager after which Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. e% b Revised: 7 0/08/03 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: i ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (aX1) This article applies to all public works claims of three hundred sev ty-five thousand (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. dollars ($375,000) or less which arise between a contractor and a local agency. T I (d) This article applies only to contracts entered into on or after January I, 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 ttk claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local 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 lurther 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 pmducing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of Cnntrant Nn R8WI Paae 59 of 103 Paoes e 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 Gowmment 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 nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15day period, any party may petition the court to appoint the mediator: (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 11 41. IO) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the 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 td 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 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. , arbitration process. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. b Revised: 10/08/03 Contract No. 38891 Page 60 of 103 Pages 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him 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 fumish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall fumish 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 bome by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be bome by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to theAgency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quality 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 tern 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. ’1 SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size andlor location of utilities indicated on the Plans is not guaranteed. Paae 61 of 103 Paaes 5-4 RELOCATION. Delete the first paragraph and substitute the following: 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 request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s aonvenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. i SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: Except as otherwise provided herein and unless othewise prohibited by permits from other agencies as may be required by law the Contractor shall begin woq within 15 calendar days after receipt of the “Notice to Proceed”. Add the following section: 6-1 .I 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 Covtractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to Have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activityon-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 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. Add the following section: 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. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoff Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoff Windows 95 system. The Agency will use a ’Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak“ program by Primavera or ’Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The location dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The training shall be completed prior to the submittal of the first Baseline Construction Schedule. $ Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than I working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual timespan of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and Float or slack time within the schedule is available without charge or compensation Contract No. 38891 Page 63 of 103 Pages implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 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 Cbntractor complies with the requirements of these special provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Conslruction Schedule does not meet the requirements of these specifications the Contractor shall correc the Construction obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these special provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Schedule to meet these specifications and resubmit it to the Engineer. Failure of 1 he Contractor to I Add the following section: 6-1 2.1 0.1 “Accepted.’’ Notice to Proceed, and will receive payment for the schedule in accordance with section 6-118.1. Add the following section: 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project whrk upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1 210.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments pnor to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the Comments are ngt submitted as required hereinbefore and marked ”Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. The Contractor may proceed with the project work upon issuance of the \ Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 31/2” high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the For each activity underway at the end of the month, the *% b Revised: 10/08/03 Contract No. 38891 Page 64 of 103 Panes schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that would 0 impede full access of all data stored on it. 1 Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: ’ 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axiq. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. i Add the following section: 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and retum the Updated Construction Schedule to the Contractor, with any comments, within $ working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- I .4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Corndent$ or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and retum the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. 6-1.4.1 “Accepted.” for the schedule in accordance with section 6-1.8.2. 0 Add the following section: The Contractor may proceed with the project work, and will receive payment -1 Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. 6-1.8.2. .- Contract No. 38891 _. Page 65 of 103 Pages Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. Add the following section: 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of eighteen thousand dollars ($18,000.00). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these special provisions and as directed by the Engineer. The Engineer’s determination that each and any construction schedule proposed by the Contractor complies with the requirements of these special provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1 3.3. Add the following section: 6-1.8.1 Initial Payment. Five thousand dollars ($5,000.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. i Add the following section: 6-1.8.3 Concluding Payment. A Final payment of three thousand dollars ($3,000.00) for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. tw Revised: 10/08/03 Contract No. 38891 Page 66 of 103 Paaes 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 General Description. The Contract work to be performed consists of furnishing all labor, equipment, and materials to construct a recycled water pump station as shown on the C6nstruction Drawings (Plans) and specified in the Contract Documents. Major project components include: suction and discharge piping, connections to the existing Twin D Reservoirs, masonry block building housing electrical and mechanical equipment, surge arrestor system, SDG&E electrical service, pavement removal and replacement, and landscaping and imgation system. Add the following section: 6-2.2 Order of Work Prior to beginning construction, Contractor shall excavate, expose, and determine ("pothole") the exact location and depth of each and every potential interference' including, but not limited to, all facilities shown specifically (depth and location) on the Construction Drawings (Plans), or which have been located and marked by respective non member companies or utilities. Prior to performing connection construction work, Contractor shall verify pipe materials, diameters, and elevations, and provide appropriate materials to complete connection construction, all based on Contractor's field measurements. During construction, existing potable and recycled water facilities must remain in service. Connection to existing reservoirs will require dewatering of the reservoirs by Agency. Contractor shall coordinate reservoir dewatering with Agency. Connection work shall be performed on one reservoir at a time such that one reservoir is in service at all times. Maximum time a single reservoir shall be out of service for connection work shall be limited to two (2) weeks. Connection work shall be performed during winter months (January and February preferred). Street improvements to Black Rail Road in front of the Twin D Reservoir site and an 18 recycled water transmission pipeline may be under construction by others during construction of the pump station. Contractor shall coordinate with Agency and street improvement and pipeline contractors. Contractor shall consider connection of station discharge piping to 18" recycled water transmission pipeline as the last item of work. Upon completion of connection between pump station discharge piping and 18" recycled water pipeline, Contractor shall abandon existing IO" recycled water pipeline as shown on the Drawings. Upon completion of pump station construction work, Contractor shall perform pre- startup and control system verification of all pump station equipment systems and facilities. Contractor shall perform pre-startup and control system verification by simulating telemetry signals from the Agency furnished telemetry panel. Once Contractor has successfully demonstrated proper operation of all pump station equipment and facilities, Agency will have the new telemetry panel installed and connected to the MCP telemetry terminal strip. Contractor shall provide Equipment Building access to Agency's telemetry equipment installer for a period of two (2) weeks. Upon completion of telemetry panel installation, Contractor shall schedule full pump station startup and testing of all pump station equipment systems and facilities with the Agency's telemetry system providing automatic control functions. Contractor shall perform pump station startup and equipment testing in accordance with Contract Document requirements, including fourteen (1 4) day "live test" as required by Specification Section 01 500. 10/08/03 Contract No. 38891 Page 67 of 103 Pages -- Add the following section: 6-23 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. I ! 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may 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 thelcause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(@ required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim@) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 200 working days after the starting date specified in the Notice to Proceed, 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Enginebr, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hisher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. , Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1,000.00). Execution of the Contract shall constitute agreement by the Agency and Contractor per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within Paae 68 of 1033 Panes ~ ~- Contract No. 38891 ~~__ Revised: 10/08/03 the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR \ 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed hth insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed I with insurers that are admitted and authorized to conduct business in the state of Califo'mia 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 insut2nce. 7-5 PERMITS. Except as specified ,herein the Agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Qontractor shall not begin work until all permits incidental to the work are obtained. The Contractor sh@l obtain and pay for any safety permits, air pollution permits, NPDES permits, and all permits for the diqposal of all materials removed from the project. The cost of said permit@) shall be included in the brice bid for the appropriate bid item and no additional compensation will be allowed therefor. Contractor shall comply with all permits, regulations, laws, ordinances, licenses, and authorizations from jurisdictional agencies. In the event of a conflict between the Contract and permit requirements, the most stringent shall prevail, All permit requirements shall be satisfied by the Contractor and accepted by all issuing agencies and the Engineer, before the project will be accepted and a Notice of Completion filed. Add the following section: 7-5.1 California Regional Water Quality Control Board, San Diego Region. Contractor shall, at his expense, obtain authorization to discharge water from ground water extraction (dewatering), line flushing, and testing operations from the California Regional Water Quality Control Board, San Diego Region (Regional Board). A copy of said discharge authorization shall be provided to the Agency. Contractor shall comply with conditions therein and perform the monitoring required. Delete the first paragraph and add the following: Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41 ) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. Contractor shall perform all work in accordance with all applicable provisions of said discharge authorization and permit. Add the following section: 7-5.2 Carlsbad Coastal Development Permit and Conditional Use Permit. The Agency has obtained a Coastal Development Permit and Conditional Use Permit for the specified Work. A copy of said permit is included in Appendix B of these Supplemental Provisions. Contractor shall perform Contract No. 38891 Page 69 of 103 Pages ~ at1 work in accordance with all applicable provisions of said permits. The cost of compliance with permit provisions shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Add the following sedon: 7-5.3 Carlsbad Business License. a valid City of Carlsbad Business License for the duration of the Contract. Contractor and all subcontractors shall procure and maintain 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. Contractor shall coordinate and cooperate with Agency, San Diego Gas and Electric, other contractors, and all other jurisdictional agencies. Agency will have representatives on site to observe and verify compliance with Contract Documents. Agency will have representatives on site operating the Potable and Twin D Recycled Water Reservoirs, Pipelines and Appurtenances. Contractor shall perform work in a manner not to interfere with operation of said facilities nor operate any existing facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Agency. Other contractors will be constructing recycled water piping and street improvements adjacent to the project site with portion of the pipeline on the project site for connection of the pumping station discharge. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utility companies or others, excluding the Agency. 1 Add the following section: 7-7.2 SDG&E Electrical Power Service. Agency has coordinated with San Diego Gas and Electric Co. (SDG&E) for 480 volt, 3 phase, 4 wire electric power service to be provided to the project facilities. SDG&E will furnish and install power from existing power poles. As shown on the Drawings, the Contractor shall furnish and install conduits from an existing SDG&E pull box to the proposed SDG&E transformer slab box and conduit between slab box to the proposed service equipment all in accordance with SDG&E requirements. Contractor shall furnish and install pull section, main circuit breaker, and metering equipment, all in accordance with SDG&E requirements. Contractor shall coordinate all work with SDG&E including installation of slab box service equipment and conductors. Contractor shall obtain all applications and permits and coordinate SDG&E work such that the Contract completion schedules are met. Agency will pay all application and permit fees. SDG&E service planner is Maria Higgins at (760) 480-7647. Manufacturers shall furnish approved SDG&E equipment. Complete shop drawings and fabrication drawings of service equipment shall be submitted to SDG&E for review and approval prior to fabrication. Attached as Appendix C are SDG&E Service Order drawings for site plan, service equipment, and slab boxes for the proposed 480 volt service. Q.Ti b Revised: 10/08/03 --___ Contract No. 38891 Page 70 of 103 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. 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 hislher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. The Contractor shall obtain a construction meter for potable water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Storm Water Pollution Prevention Requirements, Add the following: Prior to commencinb construction activities, Contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for this project in accordance with the California State Water Resources Control Board Order NO. 2001 -01 , NPDES General Permit No. CAS01 08758 the 'Water Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity". The SWPPP, including Storm Water Monitoring and Reporting Program, shall fully satisfy all applicable requirements of the General Permit and City of Carlsbad Requirements. The SWPPP shall include the Notice of Intent issued by the State Water Resources Control Board. Contractor shall submit a copy of the SWPPP to the Engineer for filing, and shall maintain a copy of the SWPPP on the job site at all times for review and inspection by the Regional Water Quality Control Board. Contractor shall implement the SWPPP, including training of personnel and implementation of all applicable Best Management Practices (BMPs). Contractor shall also perform the Monitoring and Reporting Program in accordance with the General Permit, maintain a copy of all inspection reports onsite, and submit copies of same to Engineer for filing within seven (7) days after each storm event. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Add the following: Add the following: I 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-941 7. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences andlor businesses directly affected by the work shall be notified. 0 The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be ailed to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeab/e about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to ?he Engineer for For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-112 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advgnce 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 The preparation, materials, printing and distribution of the notifications shall be includeb in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. approval. Notices shall not be distributed until approved by the Engineer. I I and re-posted 48 hours in advance of the rescheduled work. i 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5 working days prior to closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ...................................................................................... (760) 438-1161 X-4411 2) Carlsbad fire Department Dispatch .................................................... (760) 931 -21 97 3) Carlsbad Police Department Dispatch .............................................. (769) 931 22497 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 16 1 X-4500 6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental 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 hislher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6 for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care hall be used in performing excavation for signs in order to protect underground facilities. All excaTation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 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 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 C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or teldscoping flag tree with flags, The sign post or flag tree shall be placed where directed by the Engineer. I Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 ms(67, nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and 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 (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane width 3.6m (12')) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 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, CALTRANS ''Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental 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 wav and shoulder at the end work period. If the Contractor s'o elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Cnntrart Nn 38RW Paae 73 of 103 Pases Add the following section: 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 he has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 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 Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerime 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. Add the following section: 7-1 0.3.6 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 travelled 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 travelled 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 of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. 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, andlor 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 wrk 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 b Revised: 10/08/03 Contract No. 38891 Page 74 of 103 Paaes shalt 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. Add the following section: 7-10.3.7 Payment. The Contractor shall prepare and correct TCP and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Add the following section: 7-12.1 Project Signs. The Contractor shall provide one (1) project sign at location determined by the Engineer. The project sign shall be 4' by 8' in size and supported by two (2) 6" x 6" pressure treated posts (Douglas Fir No. 1) at a height of 4' aboveground. The sign shall consist of 3/4" structural No. I Douglas Fir A-C plywood (touch sanded exterior glue) and painted front and back with one coat of primer and two coats of gloss white enamel with border and lettering being gloss black enamel. The City of Carlsbad decal and sign information will be provided by the Engineer. Payment for the sign (including all labor, equipment, and installation) shall be included in the bid item for mobilization. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. i ' SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: Contractor shall furnish the Engineer a "Class A" Field office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. 8-2.1 Class "A" Field Office. Add the following: Additionally the "Class A" Field Office shall be provided with: one (1) additional standard 1.5 m (5') double pedestal desk with two chairs, one (1) electrostatic copier and supplies, copier shall be Xerox Model 5018, or equal, one (1) FAX machine Panasonic Model Panafax UF-560 or Sharp model F0-540OTl or equal and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and hidher designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. a The field office shall have a 600 mm by 900 mm (24" by 36") sign affixed near the entry door. The sign Cnntract No. 38891 Paoe 75 of 103 Paoes . CITY OF CARLSBAD 1 ENGINEERING INSPECTION I 8-6 BASIS OF PAYMENT. Add the following: Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, providing utilities including, but not limited to, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will bel paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. SECTION 9 -- MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK , 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods, shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Paae 76 of 103 Paaes 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 (3Q) 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 685.01 0 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make Final Payment Estimate and process a corresponding payment. The estimate will be in writing an t 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 ime, the Engineer will review the disputed item within 30 calendar days and make any ap t, ropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approveld by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. I I 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 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the work will be included in the progress estimate. cause for denying payment for the disputed items. -1 The cost of materials and equipment delivered but not incorporated Add the following section: 9-3.4.1 Mobilization, Preparatory Work, and Demobilization. Payment for mobilization, preparatory work, and demobilization will be made at the stipulated lumpsum price bid therefor in the bid schedule. The Contract lump-sum price includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization, Preparatory Work, and Demobilizaiton, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization, Preparatory Work, and Demobilization. Progress payments for Mobilization, Preparatory Work, and Demobilization will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization, Preparatory Work, and Demobilization will be allowed. For the second progress payment, an additional thirty percent (30%) of the amount bid for mobilization, preparatory work, and demobilization will be allowed therefor. The remainder of the bid amount shall be paid after demobilization and site cleanup is complete to the satiskction of the Engineer. 4- %#Revised: 10/08/03 Paae 78 of 103 Paaes --- Contract No. 38891 ____- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 -- BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. , DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203- 6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 foi surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with When Wet Mix or Core samples of asphalt concrete are to be used for evaluation,' sufficient size samples shall be taken to ensure representative and adequate quantityof material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability' using: ' I Calif. Test 125. a. b. Stabilometer Value' using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the awrage of three specimens. 'Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 'Use Marshall Stability when the deviation between individual Stabilometer Valves are greater than +/-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Contract No. 38891 ~~ Page 79 of 103 Pages e 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." Property Measuring Standard Results (ASTM Designation) Hardness ASTM D 2240 Rex. 65 - 85 (indentation) Type A, Model 1700 Tensile ASTM D 412 Die C, 3.45 MPa, minimum Strength Elongation ASTM D 412 Die C, 400%, minimum 203-6.7 Asphalt Concrete Storage. Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. add the following: Conditions 25°C @? 50% relative humidity pulled at 508 mm (20") per minute pulled at 508 mm (20") per Add the following section: 203-1 1 .I Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-1 1 (A). 203-11 ASPHALT PAVEMENT CRACK SEALANTS TABLE 203-1 I .I (A) Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant minute 0.6 mm (25 mil) Free over 13 mm ('/21') Mandrel Film Bend (I 80") ASTM D 822 Slight chalking Cured 7 days at 25°C @? Weatherometer 350 h 50% relative humidity ASTM B 117 28 days 5% NaCI, Die C, pulled at at 38°C tensile; 400% minimum 508 mrn (20') per minute ASTM D 150 over a temperature range of No cracks 3.45 MPa, minimum Elongation Less than 25% change -30EC to 50EC the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). 203-1 1.3 Hot=Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C Contract No. 38891 Paae 80 of I n3 Panes (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 203-1 1.3(A). TABLE 203-1 1.3(A) Property Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 Cone Penetration - Flow, 60°C Resilience Softening Point, ASTM D 36 Ductility, ASTM D 113 Flash Point, COC, "C ASTM D 92 Viscosity, Brookfield ASTM* D 4402 Thermosel, Results Conditions 25"C, 150 g, 5 s 3.5 mm, max 5 mm, max 25%, min. 25°C 82 "C, min. 301) mm, min. 288 "C, min. 2.5-3.5 Paas No. 27 Spindle, 20 25"C, 50 mm/min rpm, 19O"C, !J SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES , USES Headers for bituminous pavement up to 50 mm x 100 mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") 204-1 LUMBER AND PLYWOOD GRADES Construction grade Redwood or preservative treated constwction grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir , SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of 10-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation andlor its employees or officials, such rights shall be vested in the Engineer. Cnntrxt Nn 38891 Paae 81 of 103 Paaes -~ Add the following section: 206-7.1.2 Sign Identification. Modify the "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" as follows: Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", except that the notation shall be 'PROPERTY OF THE CITY OF CARLSBAD". Add the following section: 206-7.1 -3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, ctober 1993" as Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the 'Notice to Proceed" of this contract, whichever is most recent. Add the following section: 1993" as follows: Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All permanent trafftc signs used for the direction, warning, and regulation 4f vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs wlll be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. perforated tubing posts as shown on San Diego Regional Standard drawing M-45. follows: Standard signs shall be as per the most recently approved "Approved b ign Specification ' 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October All advisory signs, warning signs and all regulatory signs shall be fabricated with I Add the following section: 'I , Posts shall be constructed of IO-gage or 12-gage cold-rolled steel Add the following section: 206-7.2 Temporary Traffic Signs. direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Offtce of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation andlor its employees or officials, such rights shall be vested in the Engineer. Temporary traffic signs shall consist of all signs used for the . . .. ^^^^. Add the following section: 206-7.2.2 Drawings. Modify fhe "Specifications For Reflective Sheeting Signs, October 1'993" as follows: Standard temporary traffic signs shall be as per the most recently approvgd "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. I Add the following section: I 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conbrming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. I Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted tempohry traffic signs shall be installed on IO-gage and 12-gage cold-rolled steel perforated tubing posts in he same manner shown on the State of California, Department of Transportation "Standard Pla L s" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, &cept as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be~al least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform' in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". . Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Cnntrart Nn 18RQ1 Paae 83 of 103 Paaes Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. mm (inches) (1 x 1) (I 1/4 x 1 (1V2 x 1V2) (1 V4 x I 3/4) 25 x 25 32 x 32 38 x 38 44x44 51 x51 (2 x 2) 56 x 56 57 x 57 64 x 64 51 x76 (2 x 3) (2%3 x 2716) (21/4 x 21/4) (2'12 x 2V2) Add the following section: 206-8.1 General. This Section pertains to 1 O-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 1 1 mm (7116") holes on 25 mm (1 ") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, 4.13 mm (+0.01 I", -0,005'). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+O.OlO") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 rn (1/16 " in 3'). Tolerance for corner radius is 4.0rnm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on comer-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using IO-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (IO'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 rnm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 20643.2 (A) and 206-8.2(B). \ mm (inches) 0.13 0.005 0.15 0.006 0.15 0.006 0.20 0.008 0.20 0.008 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance for All Sides at Comers Nominal Outside Dimension Squareness(') rnrn (Inches) mrn (Inches) 25 x 25 (1 x 1) 0.15 0.006 32 x 32 x 0.18 0.007 38 x 38 (142 x I+) 0.20 0.009 44 x 44 (I-YI x 134) 0.25 0.01 0 51 x 51 (2 x 2) 0.30 0.012 56 x 56 (2-J/16 x 2-J/16) 0.36 0.014 57 x 57 (2-'/4 x 2-'/4) 0.36 1.014 64 x 64 (242 x 24) 0.38 0.01 5 51 x 76 (2 x 3) 0.46 0.01 8 Twist Permissible in 900 mm 3 mrn(2) (Inches) 1.3 0.050 1.3 0.050 1.3 0.050 1.6 0.062 I .6 0.062 I .6 0.062 ~ 1.6 0.062 1.9 0.075 1.9 0.075 h? TABLE 206-8.2(B) - i'j Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. i2j Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Cnntract Nn 38891 Pane 84 of 10.7 Paaes Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diameter head, and a grip range of from 5 mm (0.200) to 0.90 mm (0.356”). The fasteners shall conform to ASTM 8-633, Type 111. 0 Page 85 of 103 Pages 0 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS i I SECTION 300 - EARTHWORK I 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 therefor shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in cle ring and grubbing shall be removal and disposal of existing street poles and lights, metal guard rai, 7 fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existhg gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othetwise 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. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required andlor shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-4 UNCLASSIFIED FILL 3004.2 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 comDacted bv the Contractor to no less than 90 Dercent of maximum dry density as detehined in accordance wiih ASTM Test Procedure D1557-91. ' 300-4.6 Application of Water. add the following: The Contractor shall place content no less than one (I) percent below optimum moisture as determined 91. em Revised: 10/08/03 Contract No. 38891 ~ _. all fill soil at a moisture m - by ASTM test D-I 557- Pane 86 of 103 PaQes 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 Inish grade. In addition, if bot over built and cut back, the face of the slope shall be track walked upon completion. Tests R-Va I ue Expansion Index Plasticity Index Sieve Analysis 300-5 BORROW EXCAVATION. Test Method No. Requirements I Calif. 301 40 Min. 1 UBC Standard 18-2 10 Max. ASTM D 424 4 Max. ASTM D 422 Percent Passing 75p (No. 200) 15 Max. Add the following section: The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300- 5.2.1(A) and the following requirements. Rock included in the top I m (3’) of imported borrow shall be particles of less than 75 mm (3”). Rock included below the top 1 m (3’) of imported borrow shall be particles of less than 150 mm (6”). , 300-5.2.1 Imported Borrow Properties. TABLE 300-5.2.1 (A) 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. 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 to the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. 0 Add the following section: .I Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded andlor 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, “California Storm Water Best Management Handbook, Construction Activity”, latest edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the ”California Storm Water Best Management Handbook, Construction Activity”, latest 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 Cnntrart Nn RRRQI Paae 87 of 103 Paaes the limits of work where such runoff shall have pollutants removed by BMP methods . The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. C) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures . These measures shall include, but shall not be limited to, methods shown on the plans and described herein. 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 (12’7”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-I 557-91. 1 8 SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The surface course shall be 25 mm (1”) thick. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. modify as follows: Second paragraph, Part (Z), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial .^ - . ... breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 0 Add the following section: 302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-9.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-I h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein Add the following section. 302-9.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate baselsubgrade to 300 mm (I I) below existing asphalt surface and replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the baselsubgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1') of subgrade to 95% relative compaction. A tack coat of SS-1ti emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 Urn2 to 0.45 Um2 (0.05 to 0.lOgallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR- 4000. The asphalt concrete so constructed shall have a finish surface and density conforming to Add the following section. 302-9.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer's name, the product designation and the manufacturer's batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum owlap onto adjacent pavement. ! ' 0 subsection 302-5.6.2 SSPWC. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary 0 Pnntrirrt kin ?QQQl Paae 89 of 103 Paaes .I____ traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or' that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (i/8n) in 3 m (1 0') when measured parallel to the centerline of the street or more than 6 mm (l/,,") in 3 m (lo) when measured perpendicular to the centerline of the street. The use of an9 equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follow!: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Remoml of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum lall water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted. I 31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The CQntractor shall establish the necessary control points for all required pavement striping and mar$ings by surveying methods. No layout of traffic striping shall be performed by the Contractorl before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate straight stripes deviating more than 80mm per 1OOmm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the wrk progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contkictor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The lump sum prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Section: I Measurement and Payment. Modify the first paragraph as follows: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following section: 31 0-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, e* Contract No. 38891 Page 90 of 103 Paaes _~__ Revised: 10/08/03 ~ - -- ~~ and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. i SECTION 31 3 - TEMPORARY TRAFFIC CONTROL DEVICES i Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way I served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and mark$rs which conflict with any traffic pattern shall be removed by grinding as determined by the Enginger. The Contractor shall use temporary reflective raised pavement markers for temporary pavement arking, that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 31 2 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers,>on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3 x 12n) in size. The reflective sheeting shall be visible at 300 m (1 000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. I except when the temporary pavement markers are used to replace patterns of temporary tra IF-' IC stripe -1 Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. 8 Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 21 0-1.5 "Paint Systems" and 31 0 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours; The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201 -1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1 , "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm an$ shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm ( /,e") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (IO') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned mndition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determide equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m ' (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings TI and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J andlor P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings TI and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will trayel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 31 3-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump- sum item for traffic control and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3- 3, Extra Work, SSPWC. 0 Page 93 of 103 Pages Contract No. 38891 -I___... -~ ~~ ~ ~ .~ -- TECHNICAL SPECIFICATIONS -- __I- SECTION 01026 SCHEDULE OF VALUES i PART I - GENERAL 1.01 REQUIREMENTS I A. Within thirty (30) days of the Notice to Proceed, the CONTRACTOR shall submit a Schedule of Values for the OWNERS approval. The Schedule of Values is a detailed itemized breakdown of all lump sum bid items. The Schedule of Values shall be used as a basis for determining 'progress payments on a lump sum contract or any designated lump sum bid item. The Schedule of Values shall be a schedule of cost loaded construction activities equal, in total, to the lump sum bid and shall be in such form and sufficient detail to correctly represent a reasonable apportionment of the lump sum. Prior to submitting a monthly payment request, the CONTRACTOR shall have subm'itted a detailed Schedule of Values and obtained approval from the OWNER. Each lump sum bid item on the Bid Schedule(s), as set forlh in the Contractor's Bid Proposal must be broken down separately. The breakdown of each'lump sum bid item must cover the cost of construction required by the Contract Drawings and Specifications for that item. The sum of the values for the construction activities, within a bid item, must equal the total bid amount fqr that item. The breakdown shall include subcontract amounts, which shall not deviate from the amounts submitted in the Bid Proposal. The CONTRACTOR shall provide certification from the Subcontractors certifying the subcontract amounts. I B. ', ; C. -8 D. Each activity in the Schedule of Values shall delineate one construction activity. For example, the placement of concrete between construction joints, the construction of an electrical duct bank or pipeline between points A & B. The costing for each activity should include all costs for the labor and materials or equipment required to complete the activity. For example, concrete construction activities should include all costs for the forming, placing of reinforcement, placing concrete, and curing. The cost for pipeline construction activities should include materials, equipment and installation including pipeline supports or thrust blocks. The excavation and backfill for a pipeline or structure may be separate activities. The Bid Proposal breakdown shall include the itemized costs for the plant startup and testing to be performed before the final project acceptance is made. No non-construction activity shall be cost loaded. E. Where Contract Documents require a CPM Construction Schedule, the CONTRACTOR shall use cost loaded construction activities from the Construction Schedule as a Schedule of Values. Each construction activity shall be encoded to its bid item and a sort provided for each bid item totaling the cost loaded amount. The total of the Cost Loaded amounts for each bid item shall equal the amount bid for that item. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Schedule of Values 01 026-1 F. The total of the Schedule of Values shall equal the current Contract value-at all times. At any time during the progress of the Contract Work, the OWNER reserves the right to review the cost loading of the Schedules of Values and direct necessary revisions. When requested by the OWNER, the CONTRACTOR shall provide all information necessary to substantiate the cost loading. (END OF SECTION) September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Schedule of Vatues 01 026-2 SECTION 01 500 START-UP, FIELD TESTING, AND ACCEPTANCE OF EQUIPMENT TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 1.02 1.03 DESCRIPTION The Contractor shall furnish all labor, equipment, and material necessary to perform start-up, field testing, and acceptance of equipment for the Recycled Water Pump Station and all related appurtenances. SUBMITTALS All submittals shall be in accordance with the General Provisions, Section 2-5.3. START-UP The Contractor shall provide fourteen days advance notice to the Owner prior to start-up of any equipment. Training will not be allowed until at least one day after start-up is complete. Prior to the start-up of systems, each equipment manufacturer shall provide written certification that their equipment has been installed properly and in accordance with the manufacturer's recommendations and is ready to start-up. The Contractor shall coordinate start-up of the control panel, pumping units and instrumentation on the same day unless othewise approved by the Owner. ' A. At a minimum, start-up shall include: 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. Meggering all motors. Visually inspecting field wiring against approved shop drawings. Checking for abnormalities that may have occurred during shipping or installation of all equipment and components including loose wiring, physical damage, or insecure mounting of components. Energizing all panels. Simulate all controls and equipment start, stop, and shutdown, including checking discrete signals locally at the panel and by jumpering remote devices at the field end to simulate signals. Testing all interlock and maintenance switches. Checking analog signals by utilizing loop calibrator as required. Calibrating all control instrumentation and monitoring equipment (flow, level, pressure, etc.). Calibrating panel devices as required including timers and controllers. Cycle motors in both automatic and manual modes of operation. Checking out main control panel in conjunction with all associated equipment. Measuring and recording voltage and amperage draw readings for all equipment motors under loaded conditions. Testing and calibrating VFD's. September 2003 Twin D Pump Station (860-3TD) Contract 38891 Start-up 01 500-1 14. Testing all components of the main control panel including control systems, autodialer, and SCADA systems. Autodialer and SCADA systems shall be tested to the SCADA Central at the Carlsbad Municipal Water District. Checking proper operation of equipment hatches. 15. All manufacturer certifications for equipment and system components sharl be accepted by the Owner prior to commencing Field Testing as specified in Section I .63, herein. 1.04 FIELD TESTING AND EQUIPMENT ACCEPTANCE A. The Contractor shall submit for Owner's approval the testing procedures for all equipment. The testing procedures at a minimum shall define 'required instrumentation to test the equipment and describe how the equipment will be tested in order to determine compliance with the Specification requirements and recognized standards of the industry. A master log book shall be furnished and maintained by the Contractor and provided to the Owner for approval showing the test equipment, the compliance values, and the actual field measurements. A full field test shall be performed by the Contractor after the start-up acceptance of all equipment by the Owner. This field test shall include operathg a11 equipment and control systems including simulating various reservoir kvels (hydropneumatic tank pressures) for normal operation and emergency conditions. It is anticipated two days will be required to verify operation. Thereafter, the Contractor shall commence a full fourteen-day "live test" under actual conditions. Owner will operate the facilities and Contractor shall provide personnel to be onsite (or available within one hour) to repair or correct any deficiencies. Acceptance of the Pump Station shall begin after successful completion of the fourteen-day "live test". If any problems need 'to be fixed during the test period, the test shall start over. All costs for repairdreplacement are the responsibility of the Contractor. All warranties for labor, equipment, and materials shall begin on the date of acceptance of the fourteenday test. An acceptance letter will be provided by the Engineer to the Contractor, acknowledging successful completion of the fourteen-day test. i B. C. Pumping unit field performance testing shall be as specified in Section 11310. September 2003 Twin D Pump Station (860-3TD) Start-up Contract 38891 01 500-2 SECTION 02223 TRENCHING EARTHWORK PART 1 - GENERAL i 1.1 DESCRIPTION The work of this Section includes clearing and grubbing, demolition, removal and disposal of surplus and objectionable materials, and trenching and backfilling at the locations indicated on the Plans. Trenching earthwork shall include the loosening, removing, loading, transporting, depositing, and compacting in its final location of all materials, wet and dry, as required for purposes of construction of all facilities and such other purposes as indicated on the Plans; the furnishing, placing, and removihg of all sheeting and bracing necessary to safely support the sides of the excavations; all pumping, ditching, draining, and other required measures for the removal or exclusion of water; the supporting of structures above and below the ground; all backfilling around structures and all backfilling of trenches and pits; the disposal of excess excavated materials, and all other incidental earthwork as indicated on the plans and as specified herein. The Contractor shall furnish all tools, equipment, materials, and supplies and shall perform all labor necessary in connection with all earthwork and incidental appurtenant work, complete, as specified herein and as indicated on the Plans. I I 0 1.2 PAYMENT Payment for trenching earthwork and for conforming to all of the provisions of these Specifications, unless otherwise specified and itemized on the bid form, shall be considered to be included in the contract unit or lump sum price paid for the various items of work wherein trenching earthwork is required and no additional allowance will be made therefore. 1.3 SUBMITTALS All submittals shall be in accordance with the General Provisions, Section 2-5.3. A. Dewatering Prior to dewatering submit shop plans showing the complete proposed dewatering system including all material for the intake and discharge of the system per the plans and contract documents. During the period that the dewatering system is in operation - after the complete dewatering system submittal has been approved - a daily record of the average flow rate and elevation of ground water shall be provided. This daily record shall be posted in the jobsite trailer; and, it shall be submitted to the Engineer and reviewed at the weekly project meetings. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-1 B. Excavation Safety Drawings Prior to excavating any earth or soil to a depth of five (5) feet or more, Contractor shall, pursuant to California Labor Code Section 6705, submit to the Engineer detailed drawings (hereafter referred to as excavation safety drawings) showing design of shoring, bracing, sloping, or other provisions to be made for worker, individual, or property protection. Said excavation safety drawings shall comply with OSHA Construction Safety Orders (CaVOSHA or Federal OSHA, whichever is applicable at time of construction) and shall be prepared and certified by a registered civil or structural engineer, engaged by Contractor at his expense, who shall affix his signature and seal to each sheet of said excavation safety drawings. Contractor shall not excavate until the Engineer has received and acknowledged properly certified excavation safety drawings. Contractor shall comply with all other applicable requirements of Labor Code Section 6705 and, as therein provided, no requirements of that Section shall be construed to impose tort liability on Owner or Owner's representatives, including Owner's Engineer. Pipe Zone and Bedding Material Submit current certification and test results for all utility pipe zone and bedding material. Pipe zone and bedding material will conform in all respects to the latest edition of the Carlsbad Municipal Water District Engineers Design and Processing Manual. C. ' PART 2 - MATERIALS 2.1 2.2 2.3 '2.4 ONSITE MATERIAL Material obtained from the required site excavations. IMPORT MATERIAL Owner-approved material obtained from off-site borrow areas. SUITABLE MATERIAL As specified herein, shall be any material imported or excavated from the cut areas that are free from shale, sod, large clods of earth, stones, roots, trash, lumber, and other debris that, in the opinion of the Owner, is suitable for use and can be readily compacted to the densities specified. GRANULAR SOIL AND IMPORTED SAND Whenever the term "granular soil" is used in the Plans and Specifications, it shall be defined as soil having a minimum sand equivalence of 30, as determined by the latest revision in accordance with State of California, Department of Transportation, Test Method No. Calif. 217, and not more than 12 percent of the material will pass through a January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-2 200-mesh sieve for pipeline bedding, and not more than 5 percent for neutral sand bedding around valves and fittings. Whenever the term "imported sand" is used in the Plans and Specifications, it shall be defined as sand having a minimum sand equivalence of 30 as determined by the latest revision of Test Method No. Calif. 21 7. 2.5 SOIL STERILANT The sterilant shall be Oust (EPA regulation #352-401) as manufactured by E.I. DuPont Nemours and Company (Wilmington, Delaware), or approved equal. 2.6 STRUCTURE BACKFILL Backfill shall consist of loose earth or sand free from stones, clods or other deleterious materials. When material from the excavation is unsuitable for use in backfill, it shall be disposed of and suitable material which is capable of attaining the required relative density shall be arranged for and furnished by the Contractor at his expense. 2.7 PIPEZONE Material used as pipe bedding within the Pipe Zone shall comply with the Carlsbad Municipal Water District Standard Specifications. 2.8 TRENCHZONE Material excavated from the trench may be used for backfill from 12-inches above the pipe to the finished grade or, if applicable, street grade, provided that such material is free of vegetation, 2-inch and larger rocks, debris, and material of a spongy or perishable nature. No material greater than two inches in any dimension shall be placed within one foot of any pipe, valve, or structure. All backfill within 24-inches of ductile- iron fittings or valves shall be clean, washed sand. PART 3 - EXECUTION 3.1 GENERAL The Contractor shall perform all site grading, soil sterilant application, structure excavation and backfill, trench excavation and backfill for pipelines and conduits, and other earthwork required to complete the work under this contract. Included are all necessary clearing, grubbing, grading, and excavation of all classes and of whatever substance encountered, stockpiling, backfilling, compaction, controlling water, bracing excavations, stabilizing subgrade, protecting existing structures and facilities, complying with conditions of permits and safety regulations, cleaning up debris, papers and loose rocks, restoring fences and other disturbed property, maintaining trees which are not permitted to be removed, and disposing of excess material, and such supplementary operations as are necessary to properly complete the entire work indicated or specified. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-3 3.2 EARTHWORK SUBJECT TO PERMIT CONDITIONS Earthwork within public rights-of-way controlled by a state, county or city, or qarthwork within railroad rights-of-way shall be in accordance with requirements and provisions of the permits issued by those agencies for the construction within their respective rights- of-way. Such permit requirements and provisions which are more restrictive than those specified herein, shall take precedence and supersede the provisi' ns of these Specifications. P 3.3 PROTECTION OF WORKMEN Excavations shall be so braced or sheeted so as to provide conditions under which workmen may work safely and efficiently at all times. The latest revision of the rules, orders and regulations of the Division of Industrial Safety of the State of California shall be complied with. I I 3.4 PUBLIC SAFETY Barriers shall be placed at each end of all excavations and such places as niay be necessary along excavations to warn all pedestrian and vehicular traffic of, such excavations. At the Engineer's request, Contractor shall use trench plates to wver trenches. Lights shall also be placed along excavations from sunset each dhy to sunrise of the next day until such excavation is entirely refilled or plated. Material for backfill or for protection of excavation in public roads from surface drainage shall be neatly placed and kept shaped so as to cause the least possible interference with public travel. Free access must be provided to all fire hydrants, water valves, meters, and private drives, or other property or facilities that may have routine use. 3.5 SUPPORT OF ADJACENT PROPERTY , Excavations shall be so braced, sheeted, and supported that the ground alongside the excavation will not slide or settle, and all existing improvements of any kind, either on public or private property, will be fully protected from damage. Damage to adjacent property or to the work occurring through settlements, water or earth pressures, slides, caves or other causes due to failure of lack of sheeting or bracing or improper bracing, or through negligence or fault of the Contractor in any other manner, shall be repaired by the Contractor at his own expense. 3.6 EXISTING IMPROVEMENTS The Contractor's attention is directed to the possible existence of pipe and other underground improvements which may or may not be shown on the plans. The Contractor shall preserve and protect any such improvements whether shown on the plans or not. Where it is necessary to remove and replace or to relocate such improvements in order to prosecute the work, they shall be removed, maintained, and permanently replaced by the Contractor at his expense, except as otherwise provided in the General Provisions. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-4 3.7 DRAINAGE CONTROL A. Control of Surface Drainage i The Contractor shall control grading in a manner to prevent water running into excavations. Obstruction of surface drainage shall be avoided an means shall be provided whereby storm and wastewater can flow uninterrup P ed in existing gutters, other surface drains or temporary drains. B. Preservation of Existing Drainage Except as shown on the Plans, existing drainage patterns shall be preserved. Where construction methods cause a temporary obstruction of drainage patterns temporary facilities adequate for expected flows and a means of emergency removal of the obstruction shall be provided. 3.8 DEWATERING The Contractor shall keep the excavation free from water during construction. Where ground water is encountered, the static water level shall be drawn down a minimbm of two (2) feet below the trench bottom, unless otherwise permitted by the Engineer. Maintain groundwater level a minimum of four (4) feet below the prevailing level of backfill after installation of pipe being placed. The Contractor shall provide and maintain ample means and devices and shall promptly remove and properly dispose of all ,yater from any source entering the excavation or other parts of the work. Dewatering shall be continuous and shall be accomplished by methods which will ensure the preservation of the final lines and grades of the bottoms of excavations. Said methods may include well points, piezometers, sump points, suitable rock or gravel placed below the required bedding for drainage and pumping purposes, temporary pipelines, and other means that will not be detrimental to the proposed construction. The Contractor is responsible for obtaining all water discharge permits that are required. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continued until such times as water can be allowed to rise in accordance with the provision of this section. No concrete (i.e. footings, floors, pipeline thrust blocks, and pipeline anchor blocks) shall be laid in water. Water shall not be allowed to rise until the concrete has cured and been backfilled. The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. No water shall be drained into work built or under construction without prior consent of the Engineer. Water shall be disposed of in such a manner as not to be a menace to the public health. Silting basins shall be provided in accordance with regulatory Agency requirements. Do not drain trench water through the pipeline under construction. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-5 A. Dewatering Records 3.9 3.1 0 3.1 1 3.12 1. Provide a daily record of the average flow rate. Provide water quality testing as required by the Regional Water Quality Control Board. 2. Observe and record the elevation of the ground water during the period that the dewatering system is in operation. CORRECTION OF FAULTY GRADES Where excavation is inadvertently carried below pipe or concrete structure subgrade, it shall be rectified for a pipe by backfilling with approved sand or gravel compacted to 95% of maximum density, at the expense of the Contractor. SURPLUS EXCAVATED MATERIAL The Contractor shall make the necessary arrangements for and shall remove and dispose of all surplus excavated material, unless provided for on the Plans or in the Special Provisions. All costs for the disposal of surplus waste material shall be borne by , the Contractor. It is the intent of these Specifications that all surplus material not required for backfill or fill shall be disposed of by the Contractor outside the limits of the public rights-of-way and/or easements at no cost or liability to the Owner. No excavated material shall be deposited on private property unless written permissiop from the Owner thereof is secured by the Contractor. Before the Owner will accept the work as being completed, the Contractor shall file a written release signed by all property owners with whom he has entered into agreements for disposal of surplus excavated material absolving the Owner from any liability connected therewith. IMPORTED BACKFILL MATERIAL Whenever the excavated material is not suitable for backfill, the Contractor shall at his own expense arrange for and furnish suitable imported backfill material which is capable of attaining the required relative density. COMPACTION TESTS Compaction tests will be made by the Engineer or laboratory designated by him. The number of tests and their location and depth shall be determined by the Engineer. The Contractor shall make all necessary excavations for compaction tests as directed by the Engineer and shall refill and re-compact4hese excavations to the densities as specified herein. Compaction shall be tested in accordance with the latest revision of Test Method No. Calif. 216. The Owner will pay for the initial cost of all compaction tests. If the backfill compaction fails to meet the relative compaction requirements set forth herein, the Contractor shall pay for subsequent compaction tests. All work in connection with compaction testing by the Contractor shall be included in the various contract bid prices and no additional allowance will be made therefore. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-6 3.13 BLASTING AND EXPLOSIVES Written permission of the Owner shall be obtained prior to any blasting br use of explosives. 3.14 SITE GRADING Haul routes shall be planned to avoid passing heavy off-highway equipment over pipelines with less than 6-feet of cover. Where crossings must be made, the Contractor shall provide concrete encasement or approved bridging. All areas covered by the work, including excavated and filled sections and 'transition areas, shall be uniformly graded to the elevations shown on the Plans. The finished surface shall be reasonably smooth, compacted, and free from any irregular1 surface changes. Edges of spoil and borrow areas shall be rounded to blend into natural contours. The degree of finish ordinarily obtainable from a blade grader twill be satisfactory for open areas, but hand grading and raking will be required around structures and walkways. The finished surface shall be not more than 0.1-foot atjove or below the required grade and sloped to prevent ponding. \ I 3.15 SOIL STERILANT 'I A. General The Contractor shall treat the finished subgrade of specified areas with an approved soil sterilant. It B. Areas Requiring Soil Sterilant All areas which are to receive bitumastic pavement, including embankments, walkways, drainage structures, parking, and road areas, require soil sterilant. Other areas requiring soil sterilant are storage reservoir or pond surfaces which are to receive any lining material of less than 3-inches in thickness and lining perimeter areas to a distance of 5-feet from the edge of lining material. C. Material and Application The sterilant shall be applied in a liquid or dry form and at a uniform rate of 10 to 12 ounces of dry sterilant per acre in accordance with the manufacturer's directions. At the option of the Engineer, the area shall then be lightly sprinkled with water to prevent loss of sterilant or scuffing. 3.16 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND CONDUITS A. Alignment and Grades The alignment and grade for pipe shall be as shown on the Plans. When flow line is shown, it shall be the invert or interior bottom of the pipe. When top of pipe is shown, it shall be the exterior of the pipe barrel. In the absence of such January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-7 m profile grade, the pipe shall be laid on a straight grade to permit complete drainage and to provide a minimum of 36-inches of cover to finish ground or street subgrade unless otherwise specified. Where the natural ground above the pipeline trench has been over excavated andlor the pipeline is to be placed in new embankment, embankment material shall be placed and compacted to an elevation of not less than two feet above the top of pipe prior to trench excavation. 9. Length of Open Trench Except where detailed in the Special Provisions or included in permits, the maximum length of open trench shall be 600-feetI or the distance necessary to accommodate the amount of pipe installed in a single day, whichever is the greater. The distance is the collective length at any location, including open excavation, pipe laying, and appurtenance construction and backfill which has not been temporarily resurfaced. C. Trench Width The overall trench width measured at a level of one foot above top of pipe for pipelines and appurtenances shall not exceed the limits listed in the following table: Nominal Inside PiDe Diameter Minimum Maximum (Inches) Trench Width Trench Width 4 through 12 OD plus 12" OD plus 16" 14 through 48 OD plus 16" OD plus 24" Excavating and trenching shall be true to line so that the pipe is centered in the trench. D. Trench Bottom The trench bottom shall be graded to provide a smooth, firm, and stable foundation at every point throughout the length of pipe. The Contractor shall transfer construction stake grades into the trench as necessary to ensure that the trench bottom is accurately graded. Where specified, special bedding required by the Plans and Special Provisions shall be placed. Pipe subgrade at the trench bottom shall be prepared for the specific type of pipe material being installed in accordance with the Standard Specifications for said pipe. Should large gravel and cobbles be encountered at the trench bottom or pipe subgrade, they shall be removed from beneath the pipe and replaced with granular material which shall be compacted to provide uniform support and a firm foundation. 0 January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-8 e Whenever the trench bottom does not afford a sufficiently solid and stable base to support the pipe or appurtenance, the Contractor shall excavate below normal trench bottom and replace it with crushed rock or gravel of sufficient thickness to form an unyielding foundation. E. Foundations in Poor Soil If excessively wet, soft, spongy, unstable, or similarly unsuitable material is encountered at the subgrade, it shall be removed and replaced by crushed rock or gravel of sufficient thickness to form an unyielding foundation. Removal of the material and additional backfill required will be paid for by the unit price in the schedule of work items unless otherwise specified. However, if the necessity for such additional bedding material has been occasioned by an act or failure to act on the part of the Contractor, the Contractor shall bear the expense of the additional excavation and backfill to the required depth. The Contractor's attention is called to his responsibilities in maintaining adequate dewatering procedures to ensure that an otherwise stable foundation will not be rendered unfit due to accumulation of water in the trench excavation. ' . F. Foundations in Rock Where rock is encountered, it shall be removed below grade and the trench backfilled with clean imported sand to provide a compacted foundation cushion with a minimum allowable thickness of 6 inches under the outside diameter of the pipe barrel and a clear space of 4 inches under the pipe bell. Payment for the removal of rock and additional backfill shall be provided for in the schedule of work items unless otherwise specified. G. Backfilling After the pipe has been properly laid, exterior joints grouted (if appropriate) and inspected, backfilling shall be commenced. Mechanical densification or compaction of backfill shall be accomplished by rolling, vibrating, or a combination thereof. The method or methods used shall result in obtaining the compaction of the backfill in the various specified zones and within the maximum lifts specified herein. The densification or compaction method or methods used shall not result in damage to the pipe, adjacent ground, existing improvements, or improvements installed as part of this project. Material for mechanically compacted backfill shall be placed in lifts which, prior to compaction, shall not exceed the depths specified below for the various types of eq uipment. Impact, free-fall, or "stomping" equipment shall not be allowed. 1. Vibratory equipment with smooth contact surface - maximum lift thickness of 2 feet. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-9 2. Rolling equipment, including, vibratory interrupted surface equipment - maximum lift thickness of 1 foot. Hand directed mechanical tampers - maximum lift thickness of 6 inches. i 3. H. Control of Trench Backfill by Zones I Backfill shall be constructed by zones and the compaction requirement for each zone in the various portions of the project shall be as scheduled in the Special Provisions and/or Plans. Zone requirements are defined in the following paragraph for pipe zone, trench zone and street zone. 1. Pipe Zone The trench shall be bedded in lifts to a height of 12-inches above the top of the pipe with selected material as described in 2.7, Pipe Zone. , Bedding shall be placed in layers simultaneously on each side of the pipe for the full width of the trench. In placing and compacting the bbckfill, particular attention is to be given to the underside of the pipe and fittings to provide firm support along the full length of the pipe. Care shall, be exercised in backfilling to avoid damage to the pipe coating. Unless specified otherwise on the Plans or in the Special Provisions, the bedding shall be compacted and/or consolidated to obtain a relative compaction of 95%. 2. Trench Zone , Unless specified otherwise on the Plans or in the Special Provisions, the backfill material shall be compacted to obtain a relative compaction of 95%. Either mechanical compaction or water settling may be used, depending on the nature of the material. Trench zone compaction shall be completed prior to covering it with street zone material. 3. Street Zone Backfill in traveled ways and public streets shall be in accordance with the right-of-way agreement, encroachment permit or applicable regulations of the agency having jurisdiction over the road. In the absence of such provisions, the following shall apply. The top 12-inches below the roadway subgrade or ground surface, as the case may be, shall be compacted by approved hand-, pneumatic-, or mechanical-type tampers to obtain a relative compaction of 95%. Consolidation will not be permitted in this upper 12-inches. The material for this backfill may contain stones ranging in sizes up to two inches in m diameter in quantity not exceeding 20% of the volume where said coarse January 2004 Twin D Pump Station (860-3-TD) Contract 38891 _I Trenching Earthwork 02223-1 0 materials are well distributed throughout the finer material and ,the specified compaction can be obtained. The pavement section shall be constructed in accordance with the Plans and Specifications. I 3.17 FINAL CLEANUP i After backfill has been completed, the site shall be dressed smooth and left in a neat and presentable condition, free of all cleared vegetation, rubbish and other construction wastes. Surplus rock and soil which cannot be used for backfill shall be hauled away and disposed of by the Contractor and at the Contractor's expense. Areas next to structures where blade-type equipment cannot reach shall be hand raked. I I END OF SECTION January 2004 Twin D Pump Station (860-3-TD) Contract 38891 Trenching Earthwork 02223-1 1 SECTION 02300 BASIC EARTHWORK SPECIFICATIONS 1. Scope Contractor shall furnish all labor, equipment, and material and perform all operations necessary for earthwork construction including clearing, excavating, filling, backfilling, compacting, and grading specified or reasonably required. All debris or material unsuitable for construction shall be removed from site. Adequate drainage shall be provided at all times and accumulation of water in excavated areas shall be prevented. All work shall be protected by pumping, ditching, and other measures required for the removal and exclusion of water. Any work damaged by the effects of rain runoff or other weather conditions during any phase of construction shall be reconstructed to conform to the specified requirements. Contractor shall not pass equipment over or alongside facilities that are not protected by ample fill material, properly compacted. Unless otherwise specified or herein modified, all earthwork shall conform to Section 300 of the Standard Specifications for Public Works Construction, published by Building News, Inc., Los Angeles, California, latest edition, hereinafter "Standard Specifications". 'J ' 2. Protection of Existing Work Before beginning any cutting or demolition work for removals, Contractor shall carefully survey the existing work and examine the drawings and Specifications to determine the extent of the work. Contractor shall take all necessary precautions to insure against damage to existing work to remain in place or to be reused and any damage to such work shall be repaired or replaced as approved by Owner at no additional cost to Owner. Contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing, and supports as required. Contractor shall insure that structural elements are not overloaded and be responsible for increasing structural supports or adding new supports as may be required as a result of any cutting, removal, or demolition work performed under any part of this Contract. 3. Grade Control Contractor shall furnish all construction staking required to perform the Work. Contractor shall utilize survey control as shown on the Drawings. Benchmarks, monuments, and other reference points, if disturbed or destroyed by Contractor, will be restored by Owner at Contractor's expense. 4. Clearing and Grubbing Except as otherwise specified, indicated areas should be cleaned and grubbed conforming to Section 300-1 of the Standard Specifications. All removed materials shall be disposed off-site in a location approved by Owner. Bituminous pavement to be removed shall be saw cut to clean, straight lines. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Earthwork 02300-1 5. Field Compaction Tests Where reference is made to relative compaction, it shall be deemed to mean ASTM D1557, latest, using ten-pound hammer at 18-inch drop. Cost of all compaction tests having relative compaction less than specified shall be borne by Contractor. Cost of all compaction tests having relative comdaction greater than specified will be borne by Owner. Owner will select soil testing engineer. 6'. Materials to be Excavated 7. Materials to be excavated shall be non-classified and shall include all materials encountered in excavating and grading operations hereunder. Materials ' shall be excavated to the depth and extent specified. Excavation Contractor shall excavate to the elevations and dimensions indicated, plus ample space for construction operations and inspection of facilities. All facilities to be constructed shall bear on undisturbed natural ground or material compacted to the r lative ordered in writing by Owner, Contractor shall perform additional excavation beyond limits originally specified. Concrete shall not be placed in any excavation which has not been approved by Owner. Care shall be taken not to disturb the excavation prepared for concrete and excess material shall not be removed to make grade until just hefore concrete is to be placed. This work shall conform to Sections 300-2 and 300-3 of the Standard Specifications unless otherwise specified. I compaction specified which shall not be less than 90% relative compaction. 7 If so 8. Fill and Backfill , Fill and backfill shall not be placed until all work to be concealed has been inspected and approved by Owner. No fill or backfill material shall be deposited against concrete structures until the concrete has developed its design strength unless authorized by Owner. Fill and backfill around structures shall be placed in uniform horizontal laye& not exceeding 12 inches in loose thickness before compaction and shall be brought up uniformly on all sides of the structure. Regardless of the specified depth of the layers of material to be compacted, Contractor shall place the material at depths required to obtain the specified relative compaction. Each layer of material shall be moistened as required and thoroughly tamped, rolled, or otherwise compacted to the relative compaction specified. Fill and backfill shall be made with clean, unclassified material excavated from site as approved by Owner. Unless permitted otherwise, said material shall consist of loose earth or sand free from stones, clods, or other deleterious materials larger than 6 inches in greatest dimension. Whenever permitted by Owner, rock may be placed in certain fills. Rock fragments or boulders up to 24 inches in greatest dimension may be utilized provided that the September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Earthwork 02300-2 specified degree of compaction is obtained in the fill material surrounding the rock. ,The rock fragments or boulders shall be placed in rows on the fill surface so that they are not in contact with one another and fill material shall be placed between and overithe rows of rock fragments or boulders and compacted with a sheeps foot or other suitable rollers. Ample water and compactive effort shall be applied so that the resulting fill is free of uncompacted material surrounding the rock. The rows of roc fragments or boulders shall be as specified with regard to spacing and location \ ithin any fill; however, subsequent rows shall be staggered so that one row does not lie directly over another row. 9. Finish Grading I Upon completion of construction, Contractor shall bring to finish grade all portions of site affected by contract work. Grading shall be to the finish grade elevations specified. Contractor shall dispose of excess material as directed by Owner. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 ~~ Earthwork 02300-3 SECTION 02500 BASIC PAVING SPECIFICATIONS 1. scope a. General Contractor shall furnish all labor, materials, and equipment and perform all operations necessary for construction of pavement surfacing and resurfacing in all areas of construction as specified by the Owner or as shown by the Drawings. Drawings shall consist of construction drawings, standard drawings, and , clarifying diagrams or sketches. Whenever pavement surfacing or resurfacing is to be constructed in rights-of- way not under jurisdiction of the Owner (public highways, thoroughfares, streets), it shall be constructed in accordance with permits issued by the agency having jurisdiction (State, County, City). Whenever pavement surfacing or resurfacing is to be constructed in rights-of- way over which the Owner has jurisdiction (pumping plants, reservoirs, service yards, access roads), it shall be constructed in accordance with the specifications. Whenever the words "Standard Specifications" are used herein, they shall mean the Standard Specifications for Public Works Construction as published by Building News, Inc., Los Angeles, California, latest edition. The Standard Specifications shall augment, not supersede, these specifications. A5 used herein, the Standard Specifications shall not apply to measurement, payment, schedule, delays, or extra work. 2. New Pavement Surfacing New pavement surfacing shall be asphalt concrete or Portland cement concrete placed on a prepared surface in accordance with the specifications and in conformance with the lines, grades, and dimensions as specified in the Drawings. a. Subarade Preparation Subgrade shall be brought to proper grade, prepared, and compacted in conformance with the requirements of Subsection 301-1 of the Standard Specifications. All organic material shall be removed and discarded at legal disposal site(s), at Contractor's expense. The top 12 inches of such subgrade material shall be scarified, cultivated and then compacted to not less than 95 percent relative compaction (ASTM D1557). January 2004 Twin D Pump Station (860-3-TD) Contract 38891 b. Acrnreqate Base i 1) General Aggregate base material shall be furnished, placed, and compacted at the locations and thickness as specified in the Contract Documents. 2) Materials I Aggregate base material shall consist of crushed aggregate base conforming to requirements of Subsection 200-2.2 of the Standard Specifications. 3) Placement of Aqareaate Base I Aggregate base material shall be spread and compacted in conformance with the requirements of Subsection 301-2.3 of the Standard Specifications. Aggregate base material shall be compacted to a relative compaction of not less than 95 percent (ASTM D1557). \ C. Asphalt Concrete Pavement 1) General Asphalt concrete pavement shall be furnished, placed, and compacted at the locations and thicknesses specified. 2) Materials -I a) Asphalt Asphalt to be mixed with mineral aggregate shall conform to Subsection 203-6.3.1 of the Standard Specifications. The viscosity grade shall be AR-4000 unless specified otherwise. b) Aqqreclate Aggregate shall conform to the requirements in Subsection 203-6.3.2 of the Standard Specifications. Course aggregate shall be crushed rock. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 c) Asphalt Concrete Mixtures The grading of combined aggregates and percentage asphalt shall be in accordance with Subsection 203-6.4 of the Standard Specifications. Unless otherwise specified the following asphalt concrete mixtures shall be used: i Base Course shall be: B-AR-4000 Surface Course shall be: C2-AR-4000 Overlays (1%" maximum) shall be: D1-AR-4000 3) Placement of Asphalt Concrete a) General I Asphalt concrete pavement shall be no less than the thickness shown on the Drawings and shall be applied in two (2) lifts. The first lift shall be the base course and the second lift shall pe the surface course, not less than 1" thick, and shall brin' the pavement to full thickness. P \ All construction methods shall conform to the requirements of Subsection 302-5 of the Standard Specifications, as modified by the Supplemental Provisions. b) Weed Killer Weed killer, "SPIKE" (manufactured by Dow Elando) or equal shall be applied to the area to be paved at the rate of 100 gallons per 10,000 square feet. The mixture applied shall consist of 1 pound of chemical per 100 gallons of water or per manufacturer's recommendations. Contractor shall obtain a permit to use "SPIKE weed killer prior to its application. c) Prime Coat A prime coat consisting of grade SC-250 liquid asphalt shall be applied at a rate between 0.10 and 0.25 gallons per square yard. Grade SC-70 liquid asphalt may be used when approved by the Owner. Unless otherwise specified prime coat shall be required on all aggregate base material or untreated subgrade on which asphalt concrete pavement is to be directly placed. The prime coat shall be allowed to cure 24 hours and any excessively oily areas shall be blotted with sand in preparation for application of asp halt concrete. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 d) Tack Coat A tack coat shall be required at all joints, overlays and overlaps. Tack coat shall conform to the requirements of Subsection 302- 5.4 of the Standard Specifications and shall be Grade SS-lh emulsified asphalt. Tack coat shall be applied at approximate rates of 0.05 gallon per square yard for leveling courses and overlays, and 0.10 gallon per square yard for asphalt concrete roll berms and dikes. e) Pavincl Headers Along all pavement edges which will not abut existing concrete paving, building foundations, curbs, gutters, or other similar structures, a firmly staked 2 inch x 4 inch redwood header shall be placed unless specified otherwise. f 1 Asphalt Curbs 'I ' Asphalt concrete curbs shall be provided where shown on the Drawings. Automatic curbing machines shall be used to construct asphalt curbs. The curb cross section used shall be as shown on the Drawings or as approved by the Owner. g) Geotextile Fabric Geotextile fabric shall be provided where shown on the Drawings and shall conform to the requirements in Subsections 213 and 302-7 of the Standard Specifications. Geotextile fabric shall be placed such that wrinkles large enough to cause laps do not occur. Geotextile fabric shall be placed in accordance with manufacturer's recommendations. h) SlurrvSeal Slurry seal shall be provided over existing asphalt concrete pavement where shown on the Drawings. Slurry seal mix design shall conform to Type I composition as specified in Subsection 203-5 of the Standard Specifications. Slurry seal shall be mixed and placed in accordance with Subsection 302-4 of the Standard Specifications. 4) TemDorarv Surfacinq Unless permanent pavement is to be placed immediately, temporary cold mix surfacing 2 inches thick, or as otherwise specified, shall be placed and properly maintained as determined by the Owner until the permanent pavement is placed at locations specified. In any event, in paved streets where immediate access is required to provide for public or private use, Contractor shall place and maintain said temporary pavement. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 d. Temporary pavement shall be placed at all locations which are not barricaded and are open to traffic. When Contractor delays the placing or repairing of temporary pavement, Owner reserves the right to have such pavement placed or repaired at Contractor’s expense. Temporary resurfacing shall conform to Subsection 306-1 51 of the Standard Specifications and shall be placed as soon as trench backfill is 95% compacted and shall remain in place until permanent resurfacing is placed. Prior to permanent resurfacing, temporary resurfacing shall be removed and discarded at legal disposal site(s) at Contractor‘s expense. The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing shall be included in the Contractor’s bid price for related work if no bid item is specifically called out-in the bid sheets. , At the end of each day, temporary striping shall be placed complying with the Drawings and State, County, or City requirements. Temporary striping shall conform with Section 21 4 of the Standard Specifications. 1 I 5) Permanent Resurfacing ‘I Unless otherwise specified, all permanent resurfacing shall be 1” or greater in thickness than the original surfacing removed. Contractor shall remove all loose pieces of existing pavement prior to placing any pavement. Said pavement shall be replaced in accordance with requirements of the agency (State, County, City) having jurisdiction over the roadway. Portland Cement Concrete Pavement 1) General Portland cement concrete shall comply with the Basic Concrete Specifications unless specified otherwise. Construction methods shall comply with Subsection 302-6 of the Standard Specifications. Portland cement concrete shall be furnished and placed at the locations and thicknesses specified. Concrete Desicrn Mix All concrete shall be 560-C-3250 concrete in accordance with Subsection 201-1.1.2 of the Standard Specifications, as modified by the Supplemental Provisions. Design mix shall be approved by the Owner prior to purchase or placing of concrete. 3) Reinforcement Replacement concrete pavement shall have equal or better reinforcement than original concrete pavement. Reinforcement shall be provided whenever and wherever specified. Grade 60 reinforcing steel shall be used unless specified otherwise. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 4) Admixtures Admixtures shall conform to Subsection 201-1.2.4 of the btandard Specifications, as modified by the Supplemental Provisions. Unless otherwise specified, concrete mixtures shall have air entrainment of 5% 2 1 %. i 5) Placinu Concrete Concrete shall be placed on an aggregate base sufficiently dampened to ensure that no moisture will be absorbed from the newly placed concrete. Concrete shall be placed on the aggregate base to specified uniform depth. I 6) Finishinq Concrete shall be distributed uniformly between forms as soon as it is placed, struck off, and tamped. Tamping shall continue until concrete is thoroughly consolidated into the specified cross-section and sufficient mortar for finishing purposes has been brought to the surface. ’ After tamping, surface of concrete shall be floated and finished. Whetk the concrete placed is to abut existing concrete surfaces, it shall be finished to match existing concrete as nearly as practical. Vat black or other approved pigments shall be added to concrete to obtain required qesult. Edges which do not abut existing concrete shall be rounded to a 1/2 inch radius. Upon completion of final finishing, work surface shall be free of any unevenness greater than 1/8 inch when checked with a 10-foot straightedge placed on the surface. 8 7) Curinq Pavement shall be cured by a pigmented sealing compound method. Curing shall commence as soon as free water leaves the concrete surface but no later than 3 hours following initial placement of concrete upon aggregate base. Curing compound shall be applied to the entire surface by spraying at the rate of one gallon per 200 square feet. All curing compounds shall be approved by the Owner. Curing compound shall conform to the requirements of Subsection 201-4 of the Standard Specifications. 8) Temporaw Stripinq At the end of each day, temporary striping shall be placed complying with the Drawings and State, County, or City requirements. Temporary striping shall conform with Section 214 of the Standard Specifications. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 3. Pavement Removal Pavement removal shall be limited to the maximum trench width as shown by the e standard drawings plus a reasonable allowance for sloping sides of trench as required by appropriate safety standards or as otherwise specified. Pavement shall be removed to clean straight lines. Pavement edges shall be saw cut unless an acceptable alternative method is permitted. Contractor shall discard all removed pavement at legal disposal site(s) at Contractor's expense. Removal and disposal of materials shall conform to the requirements of Subsection 300-1.3 of the Standard Specifications, as modified by the Supplemental Provisions. 4. Finishing Pavement Surfaces a. General Upon completion of all construction operations the entire roadway area or newly surfaced areas shall be finished, cleaned, and left in a neat, presentable 1 condition. I , b. Shoulders The shoulders around paved surfaces shall be trimmed and shaped to produce a smooth uniform cross section. Shoulders shall be finished, graded, and compacted so as to match the finish grade of the newly paved surfacing. Excess earth, debris, or other waste material shall be removed and discarded at legal disposal site(s) at Contractor's expense. C. Paved Surfaces All finished paved surfaces shall be clean of all dirt, debris, and foreign material. All manholes, boxes, and covers, shall be raised to finished grade. All curbs, gutters, and cross gutters shall be broomed clean and flushed with water to insure proper drainage. All street signs and striping shall comply with the construction drawings, specifications, and Section 21 4 of the Standard Specifications. d. Survey Monuments Prior to construction, Contractor shall have a registered civil engineer or licensed land surveyor set at least 4 ties for each monument within the construction area. After construction, Contractor shall have the same civil engineer or licensed land surveyor use the aforementioned ties to replace any monuments which have been disturbed or destroyed. Contractor shall file a corner record for all replaced monuments. Contractor shall also place monument wells in compliance with City or County standards over all monuments in the construction area. January 2004 Twin D Pump Station (860-3-TD) Contract 38891 SECTION 03100 BASIC CONCRETE FORMWORK SPECIFICATIONS i PART 1 - GENERAL \ 1 .Ol General Requirements I Contractor shall furnish all materials for concrete formwork, bracing, shoring, and supports and shall design and construct all falsework, all in accordance with the provisions of the Contract Document. Reference Specifications, Codes, and Standards A. - Codes I 1.02 I The Building Code, as referenced herein, shall be the Uniform Building Code (UBC) of the International Conference of Building Officials (ICBO), latest eqition. Commercial Standards ! 6. \ ACI 347 Recommended Practice for Concrete Formwork, latest edition. 1.03 Contractor Submittals '*I All submittals shall be in accordance with the General Provisions, Section 2-5.3. A. Falsework Calculations and Drawinqs ' -1 e Contractor shall comply with the provisions of Section 1717 of the Division of Industrial Safety, Construction Safety Orders, as revised November 1973, which requires that all falsework or vertical shoring installations where the heights of the falsework or vertical shoring, as measured from the top of the sills to the soffit of the superstructure, exceeds 14 feet, or where individual horizontal span lengths exceed 16 feet, or provision for vehicular or railroad traffic through falsework or vertical shoring is made, shall be approved and signed by a Civil Engineer, registered in the State of California; provided further, that a copy of the falsework plan or shoring layout shall be available on the job site at all times. B. Contractor shall submit detailed plans of the falsework proposed to be used. Such plans shall be in sufficient detail to indicate the general layout, sizes of members, anticipated stresses, grade of materials to be used in the falsework, and typical soil conditions. 1.04 Quality Assurance Tolerances The variation from established grade, line, plumbness, or thickness shall be as set forth in Section 1.04F of the Basic Concrete Specification, and there shall be no offsets or September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Formwork 03100-1 visible waviness in the finished surface. All other tolerances shall be within the "Suggested Tolerances" specified in Section 203 of ACI 347. PART 2 - PRODUCTS 2.01 General Except as otherwise expressly accepted by the Engineer, all lumber brought on the job site for use a forms, shoring, or bracing shall be new materials. All forms shall be smooth surface forms and shall be of the following materials: Walls - Steel or plywood panel Columns - Steel, plywood, or fiber glass Roof and Floor slabs - Plywood All other work - Steel panels, plywood or tongue and groove lumber 2.02 Form and Falsework Materials A. Materials for concrete forms, formwork, and falsework shall conform to the \ following requirements: I. Lumber shall be Douglas Fir or Southern Pine, construction grade or better, in conformance with U.S. Product Standard PSZO. m 2. Plywood for concrete formwork shall be new, waterproof, synthetic resin bonded, exterior type Douglas Fir or Southern Pine plywood manufactured especially for concrete formwork and shall conform to the requirements of PS I for Concrete Forms, Class I, and shall be edge sealed. 3. Form materials shall be metal, wood, plywood, or other approved material that will not adversely affect the concrete and will facilitate placement of concrete to the shape, form, line, and grade shown. Metal forms shall be an approved type that will accomplish such results. Wood forms for surfaces to be painted shall be Medium Density Overlaid plywood, MDO Ext. Grade. B. Unless otherwise shown, exposed edges and corners in concrete members shall be provided with 3/4-inch chamfers. Re-entrant corners in concrete members shall not have fillets unless otherwise shown. C. Forms and falsework to support the roof and floor slabs shall be designed for the total dead load, plus a live load of 30 psf (minimum). 2.03 Form Ties A. Form ties with integral waterstops shall be provided with a plastic cone or other suitable means for forming a conical hole to insure that the form tie may be broken off back of the face of the concrete. The maximum diameter of removable cones for rod ties, or of other removable form-tie fasteners having a September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Formwork 031 00-2 circular cross-section, shall not exceed 1-112 inches; and all such fasteners shall be such as to leave holes of regular shape for reaming. 6. Form ties for water-retaining structures shall have integral waterstops. Removable taper ties may be used when approved by the Engineer. A preformed neoprene or polyurethane tapered plug sized to seat at the center of the wall shall be inserted in the hole left by the removal of the taper tie. PART 3 - EXECUTION 3.01 General A. Forms to confine the concrete and shape it to the required lines shall be used wherever necessary. Contractor shall assume full responsibility for the adequate design of all forms, and any forms which are unsafe or inadequate in any respect shall promptly be removed from the work and replaced at the Contractor's expense. A sufficient number of forms of each kind shall be provided to permit the required rate of progress to be maintained. The design and inspection of concrete forms, falsework, and shoring shall comply with applicable local, state and federal regulations. Plumb and string lines shall be installed before concrete placement and shall be maintained during placement. Such lines shall be used by the Contractor's personnel and by the Engineer and shall be in sufficient number and properly installed. During concrete placement, the Contractor shall continually monitor plumb and string line form positions and immediately correct deficiencies. 6. Concrete forms shall conform to the shape, lines, and dimensions of members as called for on the Contract Drawings, and shall be substantial, free from surface defects, and sufficiently tight to prevent leakage. Forms shall be properly braced or tied together to maintain their position and shape under a load of freshly-placed concrete. If adequate foundation for shores cannot be secured, trussed supports shall be provided. 3.02 Form Design All forms shall be true in every respect to the required shape and size, shall conform to the established alignment and grade, and shall be of sufficient strength and rigidity to maintain their position and shape under the loads and operations incident to placing and vibrating the concrete. Suitable and effective means shall be provided on all forms for holding adjacent edges and ends of panels and sections tightly together and in accurate alignment so as to prevent the formation of ridges, fins, offsets, or similar surface defects in the finished concrete. Plywood, 5/8-inch and greater in thickness, may be fastened directly to studding if the studs are spaced close enough to prevent visible deflection marks in the concrete. Forms shall be tight so as to prevent the loss of water, cement and fines during placing and vibrating of the concrete. Specifically, the bottom of wall forms that rest on concrete footings or slabs shall be provided with a gasket to prevent loss of fines and paste during placement and vibration of concrete. Such gasket may be a 1 to 1-1/2 inch diameter polyethylene rod held in position to the underside of the wall form. Adequate clean-out holes shall be provided at the bottom of September 2003 Concrete Formwork Twin D Pump Station (860-3-TD) Contract 38891 031 00-3 each lift of forms. The size, number, and location of such clean-outs shall be as acceptable to the Engineer. i 3.03 Construction A. Vertical Surfaces All vertical surfaces of concrete members shall be formed, I xcept where placement of the concrete against the ground is shown. Not less than l-inch of concrete shall be added to the thickness of the concrete member as shown where concrete is permitted to be placed against trimmed ground in lieu of forms. Such permission will be granted only for members of comparatively limited height and where the character of the ground is such that .if can be trimmed to the required lines and will stand securely without caving or sloughing until the concrete has been placed. , B. Construction Joints Concrete construction joints shall not be placed at locations other than ',those shown or specified, except as may be acceptable to the Engineer. W en a the way of the number, location, and tightening of ties at the top of the old lih and bottom of the new to prevent any unsatisfactory effect whatsoever on the second lift is placed on hardened concrete, special precautions shall be ta L! en in concrete. Pipe stubs and anchor bolts shall be set in the forms where required. C. FormTies 1. Embedded Ties Holes left by the removal of form tie cones shall be reamed with suitable toothed reamers so as to leave the surface of the holes clean and rough before being filled with mortar as specified in Section 3.12C of the Basic Concrete Specifications. Wire ties for holding forms shall not be used. Form-tying devices or parts thereof, other than metal, shall not be left embedded in the concrete. Ties shall not be removed in such manner as to leave a hole extending through the interior of the concrete members. Contractor shall not use snap-ties which cause spalling of the concrete upon form stripping or tie removal. If steel panel forms are used, rubber grommets shall be provided where the ties pass through the form in order to prevent loss of cement paste. Where metal rods extending through the concrete are used to support or to strengthen forms, the rods shall remain embedded and shall terminate not less than l-inch back from the formed face or faces of the concrete. 2. Removable Ties Where taper ties are approved for use, the larger end of the taper tie shall be on the wet side of walls in water retaining structures. After the taper tie is removed, the hole shall be thoroughly cleaned and roughened for bond. A precast neoprene or polyurethane tapered plug shall be September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Formwork 031 00-4 located at the wall centerline. The hole shall be completely filled with non-shrink grout for water bearing and below-grade walls. The hole shall be completely filled with non-shrink or regular cement grout fbr above- grade walls which are dry on both sides. Exposed faces of walls shall have the outer 2 inches of the exposed face filled with a cement grout which shall match the color and texture of the surrounding wall surface. I 3.04 Reuse of Forms Forms may be reused only if in good condition and only if acceptable to the Engineer. Light sanding between uses will be required wherever necessary to obtain uniform surface texture on all exposed concrete surfaces. Exposed concrete surfaces are defined as surfaces which are permanently exposed to view. In the case of forms for the inside wall surfaces of hydraulic/water retaining structures, unused tie rod ,holes in forms shall be covered with metal caps or shall be filled by other methods acceptable to the Engineer. 3.05 Removal of Forms I ? Careful procedures for the removal of forms shall be strictly followed, and this work shall be done with care so as to avoid injury to the concrete. Contractor shall not apply heavy loading on green concrete. In the case of roof slabs and above-ground floor slabs, forms shall remain in place until test cylinders for the roof concrete attain a minimum compressive strength of 75 percent of the 28-day strength specified in the Basic Concrete Specifications; provided, that no forms shall be disturbed or removed under an individual panel or unit before the concrete in the adjacent panel or unit has attained 75 percent of the specified 28day strength and has been in place for a minimum of 14 days. The time required to establish said strength shall be as determined by the Engineer who will make several test cylinders for this purpose from concrete used in the first group of roof panels placed. If the time so determined is more than the 14-day minimum, then that time shall be used as the minimum length of time. Forms for all vertical walls and columns shall remain in place at least 72 hours after the concrete has been placed. Forms for all parts of the work not specifically mentioned herein shall remain in place for periods of time as determined by the Engineer. 3.06 Maintenance of Forms Forms shall be maintained at all times in good condition, particularly as to size, shape, strength, rigidity, tightness, and smoothness of surface. Forms, when in place, shall conform to the established alignment and grades. Before concrete is placed, forms shall be thoroughly cleaned. Form surfaces shall be treated with a nonstaining mineral oil or other lubricant acceptable to the Engineer. Any excess lubricant shall be satisfactorily removed before placing the concrete. Where field oiling of forms is required, Contractor shall perform the oiling at least two weeks in advance of their use. Oil shall be kept off the surfaces of steel reinforcement and other metal items to be embedded in concrete. If oil is inadvertently placed on said metal surfaces, Contractor shall remove oil by sandblasting. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Forrnwork 03100-5 3.07 Falsework A. Contractor shall be responsible for the design, engineering, construction, maintenance, and safety of all falsework, including staging, walkways, forms, ladders, and similar appurtenances, which shall equal or exceed the applicable requirements of the provisions of the OSHA Safety and Health Standards for Construction, the requirements of the Construction Safety Orders of the California Division of Industrial Safety, and the requirements specified herein. 6. All falsework shall be designed and constructed to provide the necessary rigidity and to support the loads. Falsework for the support of a superstructure shall be designed to support the loads that would be imposed if the entire superstructure were placed at one time. C. Falsework shall be placed upon a solid footing, safe against undermining, and protected from softening. When the falsework is supported on timber piles, the maximum calculated pile loading shall not exceed 20 tons. When falsework is supported on any portion of the structure which is already constructed, the load imposed by the falsework shall be spread, distributed, and braced in such a way , as to avoid any possibility of damage to the structure. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Formwork 031 00-6 SECTION 03200 BASIC CONCRETE REINFORCEMENT SPECIFICATIONS PART 1 - GENERAL 1 .Ol 1.02 1.03 General Requirements Contractor shall furnish, fabricate, and place all concrete reinforcement steel, welded wire fabric, couplers, and concrete inserts for use in reinforced concrete and masonry construction and shall perform all appurtenant work, including all the wires, clips, supports, chairs, spacers, and other accessories, all in accordance with the Contract Documents. I Reference Specifications, Codes, and Standards A. - Codes The Building Code, as referenced herein, shall be the Uniform Building Code (UBC) of the International Conference of Building Officials (ICBO), latest edition. ' I 6. Commercial Standards Where not covered in this specification, all work. shall comply with the following standards, latest editions: ACI 315 ACI 318 W RI Details and Detailing of Concrete Reinforcement. Building Code Requirements for Reinforced Concrete. Manual of Standard Practice for Welded Wire Fabric. AWS D1.4 Structural Welding Code - Reinforcing Steel. Contractor Submittals All submittals shall be in accordance with the General Provisions, Section 2-5.3. A. Contractor shall furnish shop bending diagrams, placing lists, and drawings of all reinforcement steel prior to fabrication. B. Details of concrete reinforcement steel and concrete inserts shall be submitted by the Contractor at the earliest possible date after receipt by the Contractor of Notice to Proceed. Said details of reinforcement steel for fabrication and erection shall conform to ACI 315 and the requirements specified and shown. Shop bending diagrams shall show the actual lengths of bars, to the nearest inch measured to the intersection of the extensions (tangents for bars of circular cross section) of the outside surface. Shop drawings shall include bar placement diagrams which clearly indicate the dimensions of each bar splice. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Reinforcement 03200-1 C. Where mechanical couplers are required or permitted to be us@ to splice reinforcement steel, Contractor shall submit manufacturer's literature which contains instructions and recommendations for installation for each type of coupler used; certified test reports which verify the load capacity of each type and size of coupler used; and shop drawings which show the location of each coupler with details of how they are to be installed in the formwork. D. If reinforcement steel is spliced by welding at any location, &tractor shall submit mill test reports which shall contain the information necessary for the determination of the carbon equivalent as specified in AWS 01.4. Contractor shall submit a written welding procedure for each type of weld for each size of bar which is to be spliced by welding; merely a statement that AWS procedures will be followed is not acceptable. I 1.04 Quality Assurance I A. If requested by the Engineer, Contractor shall provide samples from each, heat of reinforcement steel delivered in a quantity adequate for testing. Costs of initial tests will be paid by the Owner. Costs of additional tests due to material.failing initial tests shall be paid by the Contractor. If reinforcement steel is spliced by welding at any location, Contracton shall submit certifications of procedure qualifications for each welding procedure used and certification of welder qualifications, for each welding procedure, and for each welder performing the work. Such qualifications shall be as specified in AWS D1.4. \ I 8. C. If requested by the Engineer, Contractor shall provide samples of each type of welded splice used in the work in a quantity and of dimensions adequate for testing. At the discretion of the Engineer, radiographic testing of direct butt welded splices will be performed. Contractor shall provide assistance necessary to facilitate testing. Contractor shall repair any weld which fails to meet the requirements of AWS D1.4. The costs of testing will be paid by the Owner; except, the costs of all tests which fail to meet specified requirements shall be paid by the Contractor. PART 2 - PRODUCTS 2.01 Reinforcement Steel A. All reinforcement steel for all cast-in-place reinforced concrete construction shall conform to the following requirements: 1. Bar reinforcement shall conform to the requirements of ASTM A 615 for Grade 60 Billet Steel Reinforcement with supplementary requirement S-I , or as otherwise shown. 2. Welded wire fabric reinforcement shall conform to the requirements of ASTM A 185 and the details shown; provided, that welded wire fabric with longitudinal wire of W9.5 size wire shall be either furnished in flat sheets September 2003 Twin D Pump Station (860-3-TD) Con tract 3889 1 Concrete Reinforcement 03200-2 or in rolls with a core diameter of not less than 10 inches; and provided further, that welded wire fabric with longitudinal wires larger than W9.5 size shall be furnished in flat sheets only. 1 3. Spiral reinforcement shall be cold-drawn steel wire conforming to the requirements of ASTM A 82. 1 B. Accessories 1. Accessories shall include all necessary chairs, slab bolsters, concrete blocks, tie wires, dips, supports, spacers, and other devices to position reinforcement during concrete placement. Slab bolsters shall have gray plastic-coated legs. Concrete blocks (dobies), used to support and position reinforcement steel, shall have the same or higher compressive strength as specified for the concrete in which it is located. Where the concrete blocks are used on concrete surfaces exposed to view, the color and texture,of the concrete blocks shall match that required for the finished surface.: Wire I 2. ties shall be embedded in concrete block bar supports. \ I 2.02 Mechanical Couplers A. Mechanical couplers shall be provided where shown and where approved by the Engineer. The couplers shall develop a tensile strength which exceeds 125 percent of the yield strength of the reinforcement bars being spliced at each splice. Where the type of coupler used is composed of more than one component, all components required for a complete splice shall be supplied. This shall apply to all mechanical splices, including those splices intended for future connections. -t B. C. The reinforcement steel and coupler used shall be compatible for obtaining the required strength of the connection. D. Couplers which are located at a joint face shall be a type which can be set either flush or recessed from the face as shown. The couplers shall be sealed during concrete placement to completely eliminate concrete or cement paste from entering. After the concrete is placed, Contractor shall plug and seal couplers intended for future connections to prevent any contact with water or other corrosive materials. Threaded couplers shall be plugged with plastic plugs which have an O-ring seal. 2.03 Welded Splices A. Welded splices shall be provided where shown and where approved by the Engineer. All welded splices of reinforcement steel shall develop a tensile strength which exceeds 125 percent of the yield strength of the reinforcement bars which are connected. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Reinforcement 03200-3 B. All materials required to perform the welded splices to the requirements of AWS DI .4 shall be provided. PART 3 - EXECUTION 3.01 3.02 3.03 General All reinforcement steel, welded wire fabric, couplers, and other appurtenances shall be fabricated, and placed in accordance with the requirements of the Building Code and the supplementary requirements specified herein. Fabrication A. General Reinforcement steel shall be accurately formed to the dimensions and shapes shown, and the fabricating details shall be prepared in accordance with ACI 315 and ACI 318, except as modified by the Drawings. Stirrups and tie bars shall be bent around a pin having a diameter not less than 1-1/2 inch for No. 3 bars, 2- inch for No. 4 bars, and 2-1/2 inch for No. 5 bars. Bends for other bars shall be made around a pin having a diameter not less than 6 times the minimum thickness, except for bars larger than 1 inch, in which case the bends shall be made around a pin of 8 bar diameters. Bars shall be bent cold. ' B. Contractor shall fabricate reinforcement bars for structures in accordance with bending diagrams, placing lists, and placing drawings. C. Fabricatina Tolerances Bars used for concrete reinforcement shall meet the following requirements for fabricating tolerances: 1. Sheared length: f 1 inch 2. Depth of truss bars: + 0, - 1/2 inch 3. Stirrups, ties, and spirals: f 1/2 inch 4. All other bends: f 1 inch Placing A. Placinq Reinforcement steel shall be accurately positioned as shown, and shall be supported and wired together to prevent displacement, using annealed iron wire ties or suitable clips at intersections. All reinforcement steel shall be supported by concrete, plastic or metal supports, spaces or metal hangers which are strong and rigid enough to prevent any displacement of the reinforcement steel. Where concrete is to be placed on the ground, supporting concrete blocks (or dobies) September 2003 Concrete Reinforcement Twin D Pump Station (860-3-TD) Contract 38891 03200-4 ___ B. C. D. E. F. G. H. shall be used, in sufficient numbers to support the bars without settlement, but in no case shall such support be continuous. All concrete blocks used to support reinforcement steel shall be tied to the steel with wire ties which are embedded in the blocks. For concrete over formwork, Contractor shall furnish concrete, metal, plastic, or other acceptable bar chairs and spacers. The portions of all accessories in contact with the formwork shall be made of concrete, plastic, or steel coated with a 1/8 inch minimum thickness of plastic which extends at least 1/2 inch from the concrete surface. Plastic shall be gray in color. Tie wires shall be bent away from the forms in order to provide the specified concrete coverage. Bars additional to those shown which may be found necessary or desirable by the Contractor for the purpose of securing reinforcement in position shall be provided by the Contractor at its own expense. Placincl Tolerances 1 Unless otherwise specified, reinforcement placing tolerances shall be within the limits specified in Section 7.5 of ACI 318 except where in conflict with the requirements of the Building Code. Bars may be moved as necessary to avoid interference with other reinforcement steel, conduits, or embedded items. If bars are moved more than one bar' diameter, or enough to exceed the above tolerances, the resulting arrangement of bars shall be as acceptable to the Engineer. Welded wire fabric reinforcement placed over horizontal forms shall be supported on slab bolsters having gray, plastic-coated standard type legs as specified in Paragraph B herein. Slab bolsters shall be spaced not less than 30 inches on centers, shall extend continuously across the entire width of the reinforcement mat, and shall support the reinforcement mat in the plane shown. Welded wire fabric placed over the ground shall be supported on wired concrete blocks (dobies) spaced not more than 3 feet on centers in any direction. Contractor shall not utilize the construction practice of placing welded wire fabric on the ground and hooking into place in the freshly placed concrete. 3.04 Spacing of Bars A. The clear distance between parallel bars (except in columns and between multiple layers of bars in beams) shall be not less than the nominal diameter of the bars nor less than 1-1/3 times the maximum size of the coarse aggregate, nor less than 1 inch. B. Where reinforcement in beams or girders is placed in 2 or more layers, the clear distance between layers shall be not less than I inch. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Reinforcement 03200-5 C. In columns, the clear distance between longitudinal bars shall be not tess than 1- 1/2 times the bar diameter, not less than 1-112 times the maximum size of the coarse aggregate, nor less than 1-1/2 inches. D. The clear distance between bars shall also apply to the distance between a contact splice and adjacent splices or bars. I 3.05 Splicing A. General Reinforcement bar splices shall only be used at locations shown. When it is necessary to splice reinforcement at points other than where shown, the character of the splice shall be as acceptable to the Engineer. I B. Splices of Reinforcement The length of lap for reinforcement bars, unless otherwise shown shatl be in accordance with ACI 318, Section 12.15.1 for a class B splice. I I C. Laps of welded wire fabric shall be in accordance with the ACI 318. Adjpining sheets shall be securely tied together with No. 14 tie wire, one tie for each 2 running feet. Wires shall be staggered and tied in such a manner that they cannot slip. Splices in column spiral reinforcement, when necessary, shall be made by welding or by a lap of 1-1/2 turns. D. " I E. Reinforcement shall not be straightened or rebent in a manner which will injure the material. Bars with kinks or bends not shown shall not be used. All bars shall be bent cold, unless otherwise permitted by the Engineer. No bars partially embedded in concrete shall be field-bent except as shown or specifically permitted by the Engineer. 3.06 Cleaning and Protection A. Reinforcement steel shall at all times be protected from conditions condusive to corrosion until concrete is placed around it. B. The surfaces of all reinforcement steel and other metalwork to be in contact with concrete shall be thoroughly cleaned of all dirt, grease, loose scale and rust, grout, mortar and other foreign substances immediately before the concrete is placed. Where there is delay in depositing concrete, reinforcement shall be reinspected and, if necessary recleaned. September 2003 Twin D Pump Station (860-3-TD) Contract 38891 Concrete Reinforcement 03200-6