The URL can be used to link to this page

Home My WebLink AboutSD and B Construction Inc; 2012-05-25; PWS12-39PKS( 4 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 BID NO. PWS12-39PKS 0 Revised 3/21/12 Contract No. 45061 Page 1 of 97 Pages INFORMATION TO BIDDERS Questions on the bid documents during tlie bid period shall be submitted in writing, via facsimile, solely to: Liz Ketabian, Park Planner Fax No. 760-434-5088 Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details, or specification sections. The cut off date to submit questions regarding this project is 5:00 PM, April 23, 2012. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project 1 week prior to bid opening. For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 6. TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposai 10 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation Of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 ^fr Revised 3/21/12 Contract No. 45061 Page 2 of 97 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1 -1 Terms 42 1-2 Definitions 42 1-3 Abbreviations •• 46 1-4 Units of Measure • 49 1- 5 Symbols • 50 Section 2 Scope and Control of the Work 2- 1 Award and Execution of Contract 51 2-2 Assignment 51 2-3 Subcontracts 51 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-6 Work to be Done 56 2-7 Subsurface Data 56 2-8 Right-of-Way 56 2-9 Surveying 56 2-10 Authority of Board and Engineer 57 2- 11 Inspection 57 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 58 3-2 Changes Initiated by the Agency 58 3-3 Extra Work • 59 3-4 Changed Conditions 51 3- 5 Disputed Work 63 Section 4 Control of Materials 4- 1 Materials and Workmanship 65 4- 2 Materials Transportation, Handling and Storage 70 Section 5 Utilities 5- 1 Location 70 5-2 Protection "70 5-3 Removal 5-4 Relocation • 71 5-5 Delays "^2 5- 6 Cooperation 72 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 73 6-2 Prosecution of Work 74 6-3 Suspension of Work 75 6-4 Default by Contractor 74 6-5 Termination of Contract 76 6-6 Delays and Extensions of Time 76 6-7 Time of Completion • 77 6-8 Completion, Acceptance, and Warranty 78 6-9 Liquidated Damages 78 6-10 Use of Improvement During Construction 78 Revised 3/21/12 Contract No. 45061 Page 3 of 97 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 79 7-2 Labor 79 7-3 Liability Insurance 79 7-4 Workers'Compensation Insurance 79 7-5 Permits • 80 7-6 The Contractor's Representative 80 7-7 Cooperation and Collateral Work 80 7-8 Project Site Maintenance 81 7-9 Protection and Restoration of Existing Improvements 82 7-10 Public Convenience and Safety 83 7-11 Patent Fees or Royalties 85 7-12 Advertising 86 7-13 Laws to be Observed 86 7-14 Antitrust Claims 86 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 86 9-2 Lump Sum Work 87 9-3 Payment 87 9-4 Bids 90 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC PART 2 Construction Materiais Section 200 Rock Materials 200-1 Rock Products 91 200-2 Untreated Base Materials 92 Section 207 Pipe 207-25 Underground Utility Marking Tape 93 Section 212 Landscape and Irrigation Materials 212- 3 Electrical Materials 94 Section 213 Engineering Fabrics 213- 2 Geotextiles 94 213-3 Erosion Control Specialties 94 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 95 300-2 Unclassified Excavation 95 300-5 Structure Excavation and Backfill 96 300-4 Unclassified Fill • 96 300-9 Geotextiles for Erosion Control and Water Pollution Control 96 300-13 Storm Water Pollution Prevention Plan 97 0 Revised 3/21/12 Contract No. 45061 Page 4 of 97 Pages PART 4 CSI FORMATTED TECHNICAL SPECIFICATIONS Section 02010 Demolition and Removals Section 02225 Excavating, Backfilling and Compacting for Utilities Section 02660 Exterior Water Distribution System Section 02730 Exterior Sanitary Sewer System Section 15057 Copper Tubing, Brass and Bronze Pipe Fittings Section 15064 Polyvinyl Chloride (PVC) Pressure Pipe & Fittings Section 15092 Miscellaneous Couplings, Pipe and Appurtenances Section 16050 Basic Electrical Requirements Section 16120 Wire and Cable (600 Volts and Below) Section 16130 Wire Connection Accessories Section 02517 Portland Cement Concrete Paving Section 03100 Concrete Formwork Section 03200 Concrete Reinforcement Revised 3/21/12 Contract No. 45061 Page 5 of 97 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on Mav 3. 2012. the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: All labor, materials, equipment and other associated items to complete construction for Prefabricated restroom facility at existing Pine Ave. Park. Work includes but is not limited to, concrete removal, new building pad construction, utility trenching, and existing utility relocations, and all utility coordination as required, coordination of work with Prefabricated restroom installers and specialty pavement replacement. PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 BID NO. PWS12-39PKS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Parks and Recreation Department. Park Development division. The specifications for the work include City of Carlsbad Technical Specifications (Part 4-CSI Formatted Specifications), and Supplemental Provisions to the Standard Specifications for Public Works Construction, Parts 2 & 3, as well as the current Standard Specifications for Public Works Construction, including the current editions at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. '¥ Revised 3/21/12 Contract No. 45061 Page 6 of 97 Pages The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate for the project is $96.800. TIME OF COMPLETION: The contractor shall complete the Work within 45 calendar days and per the time set in the contract as defined in the General Provisions Section 6-7. CONTRACTORS / ACCEPTABLE LICENSE TYPES: Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal Classification Description A General Engineering ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. ¥ Revised 3/21/12 Contract No. 45061 Page 7 of 97 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written reauest for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held Tuesday, April 17 at 10:00 am, at the Pine Ave. Park site located at 3333 Harding St., Carlsbad, CA, 92008. The meeting and tour will begin at the group picnic shelter north ofthe ball field and adjacent to the park's east parking lot. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of a lump sum for a schedule of values as shown on the contractors proposal form as complete work including all fees, equipment, labor and materials associated with carrying out the work in accordance with the plans and specifications. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS . . * ^ • * Bidders are required to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Revised 3/21/12 Contract No. 45061 Page 8 of 97 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V1I 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. _ 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. Ifthe Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security ofthe lowest bidder may be forfeited. BUSINESS LICENSE , . • . • ,^ r^ * f 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. April 4, 2012 Date 'Deputy City Clerk ^¥ Revised 3/21/12 Contract No. 45061 Page 9 of 97 Pages CITY OF CARLSBAD PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 CONTRACTOR'S PROPOSAL CityCouncil City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and hereby proposes to fumish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 45061 in accordance with the Plans, Specifications. General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each Bid Schedule item complete, to wit: SCHEDULES ^ . _ . ^ The Contractor proposes the following schedule of values and corresponding bids for this project. SCHEDULE"A" Unit Unit Price Total Amount Item Na Description {Figures) ^ Ifiguresl A-1 Mobilization at . , Not kt^ i^IM To Exceed il^'^ll^irO $4,000 0 (Price in Words) ' ^ 460 LF %AlSQ_ $JjJJ^ A-2 Temporary construction fencing and parking lot closure signs and barricades {6)a\ sign A-3 (Unit Pride in Words) ^ Remove, store and re-install 1 EA $_ existing pedestrian light as shown on pJans at (Unit Pride in Words) Revised 3/21/12 Contract No. 45061 Page 10 of 97 Page Item Unit Unit Price Total Amount ^ No, Description (Figuresl ^ (Rguresl ^ A-4 Fumish and install metal Notto %_lk^ %MA^^ plating over existing concrete Exceed and parking lot curbing as $1,600 necessary to accommodate ingress and egress of equipment for construction operations and to the building pad location at ^ (Unit Price in Words) ^ A-5 Excavate 10" of soil for 22CY $ f?V"^ ^ building pad area and dispose A-7 of jpff site at, ^ (Unit ]Pri6e in Words) A-6 Building Pad Construction LS $ %J-^ including, 95% relative compaction at (Price in/Wordas) 6y Fumish and install 2" of 7CY %JJAl. $- leveling sand, including final leveling for building pad at (Unit Price in Words) ^ A-8 Utility trenching (24" depth) SOLF $_A- beneath prefabricated restroom for new sewer, water and electrical lines in coordination with Restroom Facilities Limited "on site" installation repyesentativesTat (OnTt Pric^ (OnTt PricB in Words) #1^ W Revised 3/21/12 Contract No. 45061 Page 11 of 97 Pages Item No. A-9 A-10 A-11 Description Backfill utility trenches beneath the Prefabricated restroom in coordination with Restroom Facilities Limited "on site" installation representatives at (Onit Price in Words) Relocations and modifications as necessary to provide sanitary sewer, water and electrical utilities to the new prefabricated restroom, including all utility hook-ups at Christy boxes. (Price in Words) Furnish and replace 4" Regular Duty concrete to match existing pattern at park site and as ,s;)own on plans at Unit 80 LF Unit Price (Fioures) $ / ^ A-12 A-13 LS $. (JO 1,160 SF $_ Furnish and replace 6" Heavy Duty concrete to match existing pattern at park site and as shojwn on plans at (Unit Pricein Words) 760 SF $. ^7^ Furnish and replace specialty paving with hand seeded river stone and color to match existing color, pattern and finishes at existing park site and as sbpwn qn plans at 1,200SF $_ nd as shown on plans at ' ' "^rice in Words^ ' ml (Unit ) ' Total Amount (Figures) . r 0^ 4 1^ $JJJ. Revised 3/21/12 Contract No. 45061 Page 12 of 97 Pages Item No. Description A-14 Fumish and install 2 new tree (Unit Price in Words) Unit 2Ea. Total Amount (Fioures] _ . A-15 Remove steel plating, temporary construction fencing and final site clean up LS Unit Price ^^^^ tms^ 00 A-16 All Other work-work shown on the Drawings or in Specifications or needed to be done to complete the project but not itemized in items A-1 LS OPENED, WITOESSED AND RECORDED Price in Words) I U DATE SIGI\IA1^^ SCHEDULE A: All materials, labor and equipment to complete items A-1 through A-16. Bid Total Totai amount of bid in numbers for the sum of Bid Sche;J^ule/ems A and for the entire scope of Totai amount of bid in numoers lur in« =>U.M ^. ^y^-^^A^J?^ work as defined in the contract documents. .$_Jil/iOUl^ Total amount of bid in words for the sum of Bid Schedule Items A and for the entire scope of work PROCEDURE FOR AWARD OF CONTRACT The award of contract will be based upon the lowest responsive bid as submitted for the "Bid Total". Price(s) given above are firm for 90 days after date of bid opening. 1 has/have been received and is/are included in this Addendum(a) No(s). proposal. ., ^ -^.^H hc^c r;,rpfiillv checked all of the above figures and understands that the City will Io.\e rernsibM" anyirt o" o'n on the part o, th'e Undersigned in preparing this bid. Page 13 of 97 Pages Revised 3/21/12 Contract No. 45061 I The Undersigned agrees that in case of default in executing the required Contract with necessary Snds andlnsuranci policies within twenty (20) days from the date of award of Contract by the City Sil of thfcity of Carlsbad, the City may adminlstrBtively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Th^ Underslaned bidder declares, under penalty of perjuty, that the undersigned is licensed to do busines^ oTacnnt^^^^^^^^ of'a contractor wrthin the State of CaiJornia, ^-^''^l^-^'^^-;^^'^ uZ^„=o nnmhor 759670 Classification L±-l — which exp res on August ?i 2012 . and that thteliiement is true and correct and has the legal effect of an affidavit. A hid submitted to the City by a Confractor who is not licensed as a contractor pursuant to the Lsiness and PrJfeiTons shall be considered nonresponsive and shall be rejected by the Crty R 7f^9fi i<;!e? In^ll Sntracts where federal funds are involved, no bid submitted shall be invalidated L the So?theS'to be licensed in accordance with Califomia law. However, at the time the contract is ^warded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1 That nn rniinril member officer agent, or employee of the City of Carlsbad is personally L^^J dS^ Tns Contmct. or tt^ <i,mpensation to be paid hereunder, tiiat no r^Z^xk^nZ\ o in writing, of the City Council, its officers, agents, or employees has inducted Ser to rrS;r WO this Contract, excepting only those contained in this fom, of Contract and the papers made a part hereof by its terms; and 2 That this bid is made without connection with any person, fimi. or corporaiion making a bid for the same work, and is in all respects fair and without collusion or fraud. • r.rr.r.^<,t ic Bid Bond _(Cash, Certified Check, Bond Accompanying this proposal is —— » or Cashier's Check) for ten percent (10%) ot the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every Imolover tXrnsure^ against liability for workers' compensafion orto undertake self-insurance in accordance wrth the provisions of that code, and agrees to comply wrth such provisions before comZdng me perfomiance of the work of this Contract and continue to comply until the contract is complete. IF A .qoi F OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business _ (Street and Number) City and State — (4) Zip Code Telephone No. (5) E-Mail — %^ Revised 3/21/12 Contract No. 45061 Page 14 of 97 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs ^ Contractors State License feoard Contractor's License Detail - License # 759670 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disciosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Pate Reissue Pate Expire Pate License Status Classifications Bonding 759670 BUSINESS NAME SD&B CONSTRUCTION INC Business Phone Number: (760) 690-3121 MAILING ADDRESS P O BOX 300487 ESCONDIDO, CA 92027 PHYSICAL ADDRESS 1356 ALITA LANE ESCONDIDO, CA 92027 Corporation 02/26/1999 07/20/2011 07/31/2013 Extract Pate 5/3/2012 ACTIVE This license is current and active. Ail information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INPEMNilY COMPANY. Bond Number: 100168969 Bond Amount: $12,500 Effective Date: 07/20/2011 Contractor's Bond Historv BOND OF QUAUFYING INDIVIDUAL https://www2,cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=759... 5/3/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 Workers' Compensation Miscellaneous Information 1. The Responsible Managing Officer (RMO) DODD STEVE WESLEY certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 07/20/2011 WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 1970439 Effective Date: 04/02/2011 Expire Date: 04/02/2013 Workers' Compensation Historv DATE 07/20/2011 DESCRIPTiON LICENSE REISSUED TO ANOTHER ENTITY Personnei Ust Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=759... 5/3/2012 IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted SD&B Construction Inc (Signature) President (Title) (3) Incorporated under the laws of the State of California (4) Place of Business ^^^^ ^^^^^ City and State Impress Corporate Seal here (Street and Number) Escondido, CA 92027 92027 Telephone No. (5) Zip Code _ (6) E-Mail steve@3dandbconstruction. com 760/690-3121 V Revised 3/21/12 Contract No. 45061 Page 15 of 97 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Steve Dodd - President, Vice-President ^aiad Decv^ctary '•f'^ Revised 3/21/12 Contract No. 45061 Page 16 of 97 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^ « ' (Here insert name and title of the officer) / personally appeared who proved to me on the basis of satisfactory evidence to be the personj^ whose name(g) is^j«fe subscribed to the within instrument and acknowledged to me that he/^/tJi^y executed the same in his/j^r/1ji6r authorized capacity(i^), and that by his^r/tl^ir signature^*} on the instrument the personj^^, or the entity upon behalf of which tfie person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. _ _ OFRaAL SEAL " ITNESS my hadand official seaL::>^ ^^^^^im^^9M^ COMM.NO. 1939617 SAJ!| DIEOO COUNTY I ^iYCOMM.EXKJUNE3.201S| ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titie or description of attached document) (Tide or description of attached document continued) Numberof Pages Document Date (Additional information) CAPAQTY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Titie) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETDSFG THIS FORM AtQi acknowledgment conq>leted in Califomia mmt contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properfy completed and attached to that document. The onfy exception is if a doctanent is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the audiorized ccpacity of the signer). Please check the document carejuifyfor proper notarial wording and attach this form if required. • State and Counly information must be the State and County vs^ere the document signeT(s) personally appeared before the notaiy public for acknowledgment. • Date of notarization must be the date that the signer(s) personally ppeared which must also be the same date the acknowledgment is completed. • The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your titie (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/yi^ is /we) or circling the correct forms. Failure to correctiy indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. *** Indicate titie or type of attached document, number of pages and date. *> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.Notaryaasses.com BID SECURITY FORM (Check to Accompany Bid) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 (NOTE: The following form shall be used if check accompanies bid.) ^5<^ i>iO her(\^ Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Perfomnance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; othen/vise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER ''Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) 0^ Revised 3/21/12 Contract No, 45061 Page 17 of 97 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 BID NO. PWS12-39PKS KNOW ALL PERSONS BY THESE PRESENTS: That we SD&B Construction, Inc. , aS Principal, and SureTec Insurance Company ^ as Surety are held and firmly bound unto the City of Carlsbad, Califomia, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ten percent (io%) of bid amount for which payment, well and tally 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 fS SUCH that if the proposal of the above- bounden Principal for: PINE AVENUE PARK PREFABRICATEP RESTROOM CONTRACT NO. 45061 Bid Date: lUay 3, 2012 in the City of Carisbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract Including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shali become null and void; othenAfise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. in the event Principal executed this bond as an individuai, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Revised 3/21/12 Contraci No. 45061 Page 18 of 97 Pages Executed by PRINCIPAL this day of PRINCIPAL: SD&B Construction, Inc. (name of Principal) (sign here) (print name here) (Title and prganization of Signatory) l-k>L-v-Y D^Db (print name here) Executed by SURETY this 26th of April , 20jl day (titfe and organization of signatory) SURETY: SureTec Insurance Company (name Of Surety) 3033 Fifth Avenue, Suite 300, San Diego, CA 92103 (address of Surety) 619-400-4107 (telephone number of Surety) By: (signatuitejof Attoi|iey-jn-Fact) Audrey Rodriguez, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attomey.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attomey Revised 3/21/12 Contract No, 45061 Page 19 of 97 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof California County of 5an V> \e.^o On personally appeared V\o Wy \^<^S^ before me, . 6a S eL . Ay^kiry ?ubli (Here insert name and title ofthe officer) 14, who proved to me on the basis ofsatisfactory evidence to be th^ person^whose namej;«^is/^if^subscribed to the within mstrument and acknowledged to me that |^she/tk^ executed the sam^ in l^is/her/tjj^fr authorized capacity (iw), and that by l]i^er/ttj^signatur§(sfon the instmment the person(^% or the entity upon behalf of which the personji^ acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) S. CASEL Commitsiofl # 1M2072 Notary PuMic • Caiifomia San Ditgo Coonty Comm. fajrirt. Jun DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) / (Title ord< - description of attached document continued) Number of Pages ''^ Document Date ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Aro> acknowledgment completed in Califomia must contain verbiage exactfy as appears above in the notary section or a separate acknowledgment form must be properfy completed and attached to that document. The onfy exception is if a document is to be recorded outside of (lifornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity ofthe signer). Please check the document carejuify for proper notarial wording atd attach this form if required. (Additional information) CAPACITY CLAIMEp-BY THE SIGNER ^ Individual • Corporate Officer • • • • (Titie) Partner(s) Attomey-in-Fact Trustee(s) Other Stete and County information must be the State and County where the document signer(s) personally appeared before the notaiy public for acknowledgment. Date of notarization must be the date that the signers) personally appeared which must also be tiie same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signcr(s) who personally appear at the time of notarization. Indicate tiie correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/th^ is /ere) or circling the correct forms. Failure to correctiy indicate this infomiation may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otiierwise complete a different acknowledgment form. Signature of the notary public must match the signature on file witii tiie office of tiic county clerk. <f Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <* Indicate titie or type of attached document, number of pages and date. <* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the titie (i.e. CEO, CFO, Secretaiy). Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Caltfiomla County of San Diw OJI April 26, 2012 personally appeared before me. Audrey Rodriguez B. Lafrenz, Notary Public (here insert name md titie oftbe officer) ^Mho proved to m« on tti* basis of sattsfactory •^HdMice to b« ttM porson IMIIOSO namo is subscrltMd to ttio ^tMn Instnmiont and ackno^odgtd to mo that sho oxoctAod tti* same in hor authorized capacfty, and that by her signature on the instrument the person, or the entity upon behatf of which the person acted, executed the instmment. I certify under PENALTY OF i^lUURY imder tlie iaws of the State of Caiifonya ttiat ttie foregoing paragraph is true and correct WITNESS my hand and official seal. S. L of Notary PuUk B. LAFREN2 \ Committion # 1834476 | Notary Public •- Ctlifomia | )~ -jjjMi r- San Olego County g My Comm. Expirts Feti 28.20131 (Seel) ADDITIONAL OmONAL INFORMATION DESCRIPTION OF IHE ATTACHED DOCUMENT (Titie or desertion of trttachcd docummt) (Titie or dbscription <^irttached document continued) Number of Pages Document D^ (Additionai infonruition) CAPACITY CLAIMED BY THE SIGNER • Individua] (s) • CiHpcHt^e Officer (Titie) • Partner(s) 09 Attorney-in-Fact • Trustee(s) • aher Signer is Representing: Surety Coinpany CAPAvi2.l0.05 Oby AHO«i«iiimori^afctnawdNolMMsftCSAt00^ yvww.BM«(yd«Mtt.«Mi CALIFORNLA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof Califomia County of b^^ f me. OnOS-03-3o(^ before personally appeared vie SKe.h^^'^ ^^"^i Pui^' • I/UAM AM:4 4^1A :*«-r'4VA {Here insert name and titie of the officer) who proved to me on the basis of satisfactory evidence to be the person($) whose namej^ is/^ subscribed to the within instrument and acknowledged to me that he/sjjfe/tlj^ executeid the same in his/fy^/ip^n authorized capacity(i^), and that by his/p^/ip^ir signaturejXJ on the mstmment the personj^, or the entity upon behalf of which tfie personjj^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. 1 X^^^ OFFICIAL SiAL | "/flX^ KYLE A. SHEPHARD * ITNESS my band and official seal. ofNotary (Notaiy Sea])%iqinppi OFFICIAL SiAL KYLE A. SHEPHARD ^ NOTARY PUgyC-OALlFORNlAi COMM. NO. 1^11056 SAN DliaO COUNTY MY COMM. EXP. NOV. 2,2014 •li«i«yipiilVM|IWiMllWMNim^ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titie or description of attached document) (Titie or description of attached document oraitinued) Numberof Pages Document Date (Additional infonnation) CAPAQTY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Titie) • Partners) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia ntmt contain verbiage exactfy as appears above in the notary section or a separate acknowledgment form must he properfy completed and attatihed to that documem. The ordy exception is tf a (hcument is to be recorded outside qf Caltfanm. In such instances, any alternative acknowledgHient verbiage as may he printed on such a document so long as ifte verbiage does not require ifte notary to do someUm^ that is illegal for a notary in Caltfanm (Le. cer^ing Ae authorized a^city of the signer). Please check iAe docwnent carefidfyfor proper notarial wording and attach Ms form tf required. • State and County informaticm must be tiie State and County M^iere tiie document signer(s) po-sonally q)peared before the notaiy public for aclaiowledgment. • Date of notarization must be the date that tiie signa(s)pers(mally^>pearedM4iidi must also be tiie same date tiie adcnowledgment is completed. • Tlie notaiy public must ivint his or her name as it appeals within his her coinmission followed by a comma and then your titie (notaiy public). • Print the iianie(s) of document signer(s) yAio personally qipear at tiie time of notarizaticMi. • Indicate tiie correct singular or plural forms by crossing off incorrect forms (i.e. iM/she/tiieyr is /oe) oi circling the correct forms. Failure to ocvrectty indicate this inf(Hinstion may lead to rejection of document recording. • The notaiy seal impressitm must be clear and jAotogn^hically reproducible. Impression must not cover text at Imes. If seal impression smudges, re-seal if a sufficient area pemiits, otiierwise complete a different acknowledgment form. • Signature of the notaiy public must match the signature on file witii the office of the county clerk. Additional information is not required but could help to ensure this adcnowledgment is not misused cn attached to a different document. '^ Indicate titie or type ofattached document, number ofpages and date. Indicate tiie capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the titie (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.Notaiyaasscs.com POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a coiporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by tiie President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature ofany authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INSURAiiCE C^PANY State of Texas County of Harris ss; On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, tiiat he is President of SURETEC INSURANCE COMPANY, tiie company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public, State of Texas U'J?*V^HI My Commission Expires Moy 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify tiiat the above and foregoing is a tme and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and flirthermore, the resolutions ofthe Board of Directors, set out in the Power of Attomey are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ^ 6th day of ^P^il 2012 A.D. M. Brent Beaty, .Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Company Proflle Pagelofi Company Profile SURETEC INSURANCE COMPANY 1330 POST OAK BLVD., SUITE 1100 HOUSTON, TX 77056 Agent for Service of Process NANCY FLORES, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES, CA 90017 Unable to Locate the A gent for Service of Process? Reference Information NAIC#: 10916 NAIC Group #: OOOO Califomia Company ID #: 4914-8 Date authorized in Califomia: October 24, 2005 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation ofany of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Companv Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Companv Representative in Mv Area Last Revised - May 26, 2011 01:14 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID-l 05670 5/3/2012 C I T Y O F CAKLSBAD Contract Administratio^ri v\/vs/\Ai. carisbadca .gov April 25, 2012 ADDENDUM NO. 1 RE: PINE AVENUE PARK PREFABRICATED RESTROOM BID NO. PWS12-39PKS, CONTRACT NO. 45061 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 Hi/ GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the foliowing "Subcontractor Disclosure Fornn" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder". "Contracf, "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed 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 perfonmed 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 \Nork or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and Included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failut-e to provide complete and correct information mav 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 cleariy 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 detennined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Councii shall be final. 0^ Revised 3/21/12 Contract No. 45061 Page 20 of 97 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 fonn pages shall be entered in the location provided on each type of form so duplicated. ^¥ Revised 3/21/12 Contract No. 45061 Page 21 of 97 Pages DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparinq 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-haif of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portton of Worfc : Subcpniraotor's License No. and Classtffcat»on* Subcontractor in Dollars' fLO(0D ft Of -/^ .. ' / OVO / C >J 0 Page pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Pubiic Contract Code, receipt of the information preceded by an asterisk may be submitted by tine Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice inviting Bids." Revised 3/21/12 Contracf No. 45061 Page 22 of 97 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully perfonned and give references, with telephone numbers, which wiil enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Compfeted Name and Address of the Employer Name and Phone No. of Person to Cdntract Type of Work Amount of Contract March 2 012 County of San Diego John Volpp site work. $183,174 Dept of Pub. Works 619/805-5141 stairs, lightinc 5555 Overland Ave landscaping San Diego, CA92123 April 2011 Autism Research Lat Pnina Goldberg renovation of $99,335 UCSD 858/534-1975 research lab 9500 Gilman Dr Fast track La Jolla, CA 92093 project June, 2011 BSB Lab Pnina Goldberg Sound Room $14,2y0 UCSD 858/534-1975 research lab 9500 Gillman Dr La Jolla, CA92 0 93 On going Calvary Chaplel Richard Reyes Variious & various/ 1675 Seven Oaks Rd 760/499-6255 on-going site on-goinc Escondido, CA92025 work. Flatworic ADA upgrades storm drain •0 Revised 3/21/12 Contract No. 45061 Page 23 of 97 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILiTY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: [3 Comprehensive General Liability Automobile Liability ^ Workers Compensation ^ Employer's Liability 2) Statement with an insurance earner's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Woricers Compensation and Employer's Liabiiity in conformance with the requirements herein and Certificates of insurance to the Agency showing confomnance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 3/21/12 Contract No. 45061 Page 24 of 97 Pages ^^S'''^ CERTIFICATE OF LIABILITY INSURANCE | '"^ST" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERflFICAfE HoC^^ CERTfFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IMSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; Ifthe cortificate hoWor is an AODITtONAL INSURED, the policy(i»s) must b« endorsed, if SUSflOGATlON IS WAIVED, subject to ' the terms anti conditions of the policy, certain policies may reijoire an endofsemsnt. A statsmsnt on this certificate does not confw rights lo the cortificate hottfer in tieu of such endorsement(s). CONTACT PROOUCER Statewide Aufo insurance Brokers 2S00 E. Colorado Blvd. #330 Pasadena, CA 91107 Phone (fl?) 207-7900 tNSUREO S O & 8 Consfruction PO Box 3004B7 Escondido, CA 92030 COVERAGES Fax {626) 744-9196 CERTIFICATE NUMBER: PHOME (A/C, No, Ext): E-MAIL ADORGSS* iN$UR6R A: iNSURER B: INSURHflC, INSURER F: Customer Service (877) 207-7900 i mail@st8wide,com INSURERIS) AFFORDING OOVERAGE United Specialty Insutanc© Co, Infinity Select Insurance Co. PAX (Arc, No); (626) 744-9196 REVISION NUMBER: THIS" IS TO CERTIFY THAT 1H6 POLICIES OF INSUflANCE LISTEO 8EL0W HAViE BEEN (SSUED TO THE INSUf^FO himBO ABOVF FOR THfc POLICY PERIOO INDICATF.O NOTWnHSt/«<0(NG ANY RcQUlREf^ENT TERM OR CONDITION OF ANIY CONTTRACT OR OTHER OOCUMeNT VWTH RESP6CT 70 WHICH THIS CERTIMCAT E MAY BE ISSUED Oft fMY PERTAIN. THE INSURANCE AFFORDSD BY THE POUCtES DESCRIBEO HERFIN IS SUBJECT TO AH THE TEf?MS, EXCLUSiONS ANO CONDtTIONS OF SUGH POLICIES. LiMiTS SHOWN MAY HAVE BEEN REOUCEO BY PAlO CIAIMS. TYPE OF IMSURANCE GEMERAL LIABIUTY •i COMMgRCIAL GENERAL LiABiUTY 1 I c\j\ms-mt>E OCCUR lADOUSUBRi JiNSB mo, POLICY NUMBER j POLICY efl*^ I t>OLiCYEXP j {MWDWYYYY) i (IMM/DDAW) i I S!G0O0022a-0t [02/10/2012 102/10/2013 GFK't ACC-HkCMB LIJ^T Af'PllLS I'S-R RO- ! > , ear i •* LOC iv pottcv . ^i§x AUTOMOaiLe LIABIl ITY ANYAUTO ALL OWNED AUTOS nmo AUTOS UMBRELLA UAD excess I lAB SCHEDt.lLi;D AUTOS HOU UWKfclJ AUTOS !OCCUR 150461003126-001 103/16/2012 EACH OCCURRENOE OmAGt t o RCNT^ TRLMiSLS (La occunm ce) Mto fcXf' (Any one P9«0flj t'Ef<80NAL a AOV INJURY OFNFRAt AfiCREAMF PHOOUf ts COMWPAGC ! COMBiNED SiNt5LE LiMiT I (Lit acciiMint) I . BOrHiV WJURY if©'fK"Wj I 03/15/2013 * BOOIIY iNJURY tP»f sfxiOftnlJ 1,000,000.00 50.000.00 5.000,00 1.000,000,00 2,000,000.00 1,000,000.00 1,000,000.00 BACH OCCURRENCE AGGREC^TE mt) RFTFNTION^ WORKERS COMPSNSATION AMD EMPLOYERS" LiABiLITY Y/N ANY PROPRieTO(WARTNCr</CXeCUTlVfc OFFlCERWICi«BER EXCLUDEO? ! (iWandstory In NH) < ff y«<, iuiJot DFS(5BI»TfON OF OPCRATiOWS betow ] m. STAf U i TORY UMjT$ L.L. UACI-IACUiUfcNI ;S C L D!5.rAJ.r CA CWPLOYLk S LL UiSlASr POI ICY LWIT $ OESCRIPTION OF OPERATIONS / LOCATIONS / VeHjCLES {Attasti ACOR0101, A<jiJia<wai «»martos Schetjul*, if mors sp«c« te r«<;uSr««J) The Cily of Carisbad, Its officials, employees md voiunteeis are named as additional insured hereunder as respects liability arising out of activities performed 7y or on bohalf of the Named Insufed. Coverage under this policy is primaiy insurartce as respects the Cify, ils officials, empioyees and volunteers. This policy wil! nol t>e cancelled, materially changed nor fhe amount of coverage reduced unti) thirty (30) fays after receipt of written notice of canoellation or -eduction in coverage by lhe City CierK of the City of Carlsbad, CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1S35 Faraday Avenue, Carlsbad, CA 92008-731^ SHOULD ANY OF THE ABOVE DESCf^lBEO POUCiES BE CANCELLED BEFOftE THE EXPIRATION DATE THEREOF, NOTICE VWLL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) QF © 1988-2010 ACORD CORPORATION. All rights reserved The ACORO name and logo are registered marka of ACORD POLiCY NUMBER: SiG0000223-01 COMMERCIAL GENERAL LIABILITY PCIC 24 9310 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS {FORM B) This endorsement modifies insurance provicied under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person(s) or Organlzationfs); Looation(s) of covered operations; Additionai ltisure<l(s) Address: The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as rej»pects liability arieing out of activities performed by or on behalf of the Named Insured. (If no entry appears above, the informafion required to complele this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to inciude as an additional insured the person(s) or otganization(s) shown In the Schedule, but only wiih respect to liability for "bodily injury," "properly damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. In the performance ofyour ongoing operations forthe addttional insured{s) at the loc3tion(s) designated above. PCIC 24 10 07 POLICY NUMBER; SIG0000223-01 COi\^MERCiAL GENERAL LIABILITY PCIC 24 79 10 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCfAL GENERAL LfABILITY COVERAGE PART, SCHEDULE Name of Person{s) or Organlzationfs); Locationfs) of covered operations; Additional Insuredfs) Address: The City of Carisbad, Its officials, employees and volunteers are named as additional Insured hereunder as respects liability arising oul of activities performed by or on behalf of the Named Insured. (if no entry appears above, the infomiation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section li - Who Is An insured is amended to include as an additional insured the personfs) or organizationfs) shown in the Schedule, but oniy with respect to liability for "bodily injury," "property damage" or "personat and advertisirtg injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of tiiose acting on your behaif; in the performance of your ongoing opeiations for the additional insuredfs) at the locationfs) designated above. With respect to the insurance affbrded to these additional insureds, the following exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) All worl<, including materials, parts or equipment furnished in connection with such work, on the project (other than seivice, maintenance or repairs) to be perfomied by or on behalf of the additionai insuredfs) at the location of the covered operations has been completed; or (2) T hat portion of "your work" out of v*ich the injury or damage arises has been put to its intended use by any person or organization other than another contractor engaged in performing operations for a principal as part ofthe same project. The insurance afforded by the policy to the Additionai InsuredQs) listed in the Schedule for the described locationfs) is primary insurance. Any other insurance or self-insurance maintained by the Additionai Insuredfs) is excess of this insurance and shall not contribute toit PCIC 24 79 10 07 STATE COMPENSATION iNSURANCE FUND ISSUE DATE: 04-02-2012 POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COIVIPENSATION INSURANCE GROUP: POLICY NUMBER: 1970439-2012 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 04-02-2013 04-02-2012/04-02-2013 SD CONTRACTORS STATE LICENSE BOARD WORKERS COMPENSATION UNIT PO BOX 26000 SACRAMENTO CA 95826-0026 SD LIC PERMIT#: 759670 INCEPTION DATE:04-02-2012 DO:SD This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Comnnissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We wiil also give you 10 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 policy 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 to which it may pertain the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy Authorized Representative \0 President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - STEVE W DODD, PRES,TRES - EXCLUDED. ENDORSEMENT #1600 - HOLLY DODD, SEC - EXCLUDED. EMPLOYER ^*6bDD, STEVE W AND DODD, HOLLY DBA: SD&B CONSTRUCTION PO BOX 300487 ESCONDIDO CA 92030 (Rev.8-2010) [P1Z,SD] PRINTED : 05-02-2012 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debannent BY CONTRACTOR: lr)t (name of Contractor) (sign here) (print name/title) Page of pages of this Re Debarment form Revised 3/21/12 Contract No. 45061 Page 25 of 97 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 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, Califomia 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? _k_ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of th^^ork ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page ^ of JL—- pages of this Disclosure of Discipline form ^¥ Revised 3/21/12 Contract No. 45061 Page 26 of 97 Pages BIDDER S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: q sfc (l(mftjm/in(D^ in c (name of Contractor) (sign here) (print name/title) Page <^ of _^ Revised 3/21/12 pages of this Disclosure of Discipline form Contract No. 45061 Page 27 of 97 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 The undersigned declares: j am the President ^ of SD&B Construct the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put In a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. of California that the foregoing is true I declare under penalty of perjury under the laws of the Stat and correct and that this declaration is executed on _ mmh- [city], 6l//W4lstate]. lte ot L 10 20 1^ at Signature of Bidder Signature of Notary Revised 3/21/12 Contract No. 45061 1 OFRCIAL SEAL JONATHAN JEfEMY^^^ COMM. NQ. 1939&17 MY COMM. EXP. JUNE 3,201fi I CONTRACT PUBLIC WORKS This agraamant is mada .t,is ^^-^ day of Al^ 2012, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and SD&B Construction Inc. whose principal place of business is 1357 Alita Lane Escondido CA 92027 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion ofthe work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers ofthis condition ofthe Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Revised 3/21/12 Contract No. 45061 Page 29 of 97 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 111 disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othenA/ise, and Contractor will pay all costs, including defense Revised 3/21/12 Contract No. 45061 Page 30 of 97 Pages costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy #70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability ansing out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials', employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. Revised 3/21/12 Contract No. 45061 Page 31 of 97 Pages (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V1I. Insurers must also be authonzed to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process qs set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a pubiic entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carisbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim Revised 3/21/12 Contract No. 45061 Page 32 of 97 Pages 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 Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenvise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 3/21/12 Contract No. 45061 Page 33 of 97 Pages 14 Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State.of I)alifornia By. ^ /l^'^" City Manager ATTEST: (sign here) (print n^e a'nd title) tORRAINE M. V (sign here) (print name and title) x ^ ^ o President or vice-president and secretary or assistant secretary must sign for corporations. 'lt"6HlV one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorne By: Revised 3/21/12 Contract No. 45061 Page 34 of 97 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof California County of 0^egO On /f\(Ksj IS.^V^ before me, S • CaS-U >/V/o Tub^ \ C 7 ^ (riere insert name and title of the officer) personally appeared Ug^L^y ctr\r\ WnWy AAA<1—^o^d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)i^aj;e subscribed to the within instrument and acknowledged to me that |j^/^e/they executed the same in jji^i/h^heir authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) S. CASEL CoffimiMiOfi # 1942072 Notiry Pubiic • CHitoniia 8M DifQO Coumy ^ My Comm. Expifw Jun 24.201S ^ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages U Document DateOS/iS/l?" (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) • Corporate Officer • • • • (Title) Partner(s) Attomey-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia mmt contain verbiage exactly as appecm above in the notary section or a separate acknowledgment form mmt be properfy completed and attached to that document. TTie onfy exception is if a document is to be recorded outside of Califomia. In such instances, ary alternative acknowledgment verbiage as mtty be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Caltfomia (i.e. certifying the authorized capacity ofthe signer). Please check the document carefulfy for proper notarial wording cmd attach this form if required. • State and County infonnation must bc the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/th^ is /aw) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of docunnent recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgoKnt form. • Signature of the notary public must match the signature on file with the office of the county clerk. <f Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached docunwnt, number of pages and date. <* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com Bond No: 5137990 Premium included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carisbad, State of California, has administratively awarded to SD&B Construction Inc. (hereinafter designated as the "Principal"), a Contract for: PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carisbad 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, SD&B CONSTRUCTION INC., as Principal, (hereinafter designated as the "Contractor"), and SureTec insurance Comr^any as Surety, are held firmly bound unto the City of Carisbad in the sum of Forty Eight Thousand Eight Hundred Eighty Eight Dollars ($48,888), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay forthe same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. '¥ Revised 3/21/12 Contract No. 45061 Page 35 of 97 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of . 20_ CONTRACTOR: SD&B Construction, Inc (name of Contract B Executed by SURETY this May of 14th day 20. 12 (sign here) SURETY: SureTec Insurance Company (name of Surety) 3033 Fifth Avenue, Ste 300 San Diego, CA 92103 (address of Surety) 619-400-4107 (print name here) pttonarpumber of Surety) (title and organization of signatory) By: By: L^(^cli cl (sian here) (sign here) f4oLL/ 7^o DP (print name here) (signature of Attorney-in-Fact) Gladys Rogers (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney City Attorney / Deputy City Attorney i Revised 3/21/12 Contraot No. 45061 Page 36 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) Countyof San Dlego On 14 May 2012 before me, personally appeared Gladys Rogers Audrey Rodriguez, Notary Public (here insert name and title ofthe ofiker) w4io proved to mt on th* basis of satisfactory •vidcncs to b« th« ptrson vwhosa nams Is subscribed to ths within lnstrum«nt and acknowl»dg«d to m« that sh» ex«cut«d th« sanw in hor authorized capacity, and that by her signature on the Instrument the person, or the entity upon behaif of which the person acted, executed the Instrument. i certify under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph is true and correct. WlTNESS.my hand and official seal. AUDREY RODRIGUEZ | Commission # 1902485 <i::-^''ai:i'!n Notary Public - California 1 > I X^^t?/ San Diego County - IJ^^^" My Comm. Expires Sep 2, 2014 L (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached document) (Title or descriplion ofattaciwd document conlinucd) Number of Pages Document Date (Addibonai information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) 129 Attomey-in-Fact • Trustee(s) • Other Signer is Representing: Surety Company CAPA vl2, IO.O> Oby A»«>cii«kw of Pn>fei»«onil NMMMt & CSA «<»-87MS65 www.nMMydatm.eom J POA#; 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attomey-in-fact, with foil power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakmgs or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as folly and to the same extent as if such bond were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall contmue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and autiiority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf ofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affbced to any power of attomey or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. ^r*^ SURETEC INSURAiiCE Ci^PANY State of Texas County of Harris ss: On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order ofthe Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public, State of Texas My Commission Expires May 18. 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Company, which is still in fiill force and effect; and fiirthermore, the resolutions ofthe Board of Directors, set out in the Power of Attomey are in fiill force and effect. Given under my hand and the seal of said Company at Houston, Texas this 14TH day of MAY 2012 A.D. Any instrument issued in excess ofthe penalty stated above is totally void and without any validity. For verification ofthe authority ofthis power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof California County of 5cvn V>\^^Q^(^ On MiK\j n^){^o\^ before me, S- ( aS<\'s^AmVa.C^ YuhUC • ^ ' (Here insert name and title of the personally appeared SUMC^ <xr\^ M^l^y y)nA^ who proved to me on the basis of satisfactory evidence^o be the person(s) whose name(s) w/are subscribed to the within instrument and acknowledged to me that b^sjj€/they executed the same in hi^^i>^their authorized capacity(ies), and that by Jji^^lji^their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. MMM WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) riii 8.CA8EI ConimiwiQii# 1942072 SM Oitgo Coim^ I^Cpmni. Exf KpifwJiiii24.20Ul ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Numberof Pages Document Date Ag> O ^ (Additional information) CAPACITY CLAIMED BY THE SIGNER n Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Atty acknowledgment completed in Califomia mmt contain verbiage exactfy as appears above in the notary section or a separate acknowledgment form mmt be properfy completed and attached to that doctment. The onfy exception is if a document is to be recorded outside of Califomia In such instances, any altemative acknowledpneni verbiage as may be printed on such a (hcument so long as the verbiage does not require the notary to do something that is illegal for a notary in Caltfomia (i.e. certifyir^ the authorized ccqntcity of the signer). Please check the docwnent carefulfy for proper notarial wording <md attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signet<s) personally appeared which must also be the same date the acknowledgment is completed. • The notaiy public must print his or her name as it appears within his or her commission followed by a comma and then your title (notaiy public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/tit^ is /sFe) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seai if a sufhcient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ^ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <f Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretaiy). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Bond No: 5137990 Premium: $1,222.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to SD&B Construction Inc. (hereinafter designated as the "Principal"), a Contract for: PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SD&B CONSTRUCTION INC., as Principal, (hereinafter designated as the "Contractor"), and SureTec insurance Companv as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Eight Thousand Eight Hundred Eighty Eight Dollars ($48,888), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 3/21/12 Contract No. 45061 Page 37 of 97 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this __L2_ dayof "iAAav^ 20_L^. CONTRACTOR: SD&B Construction, Inc. (name of Contractor) 14th day of (sign here] (print name here) (Title and Organization of Signatory) 4sign here) Executed by SURETY this _ May ^ 20 12 SURETY: SureTec Insurance Company (name of Surety) 3033 Fifth Avenue, Ste 200, SSn Diego, • . . 7^^ CA 9 210 3 (address of Surety) 619-400-4107 (telep iber of Surety) (ifef^ature of Attorney-in-Fact) Gladys Rogers (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 3/21/12 Contract No. 45061 Page 38 of 97 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stateof California ) County of San oiego 14 May 2012 personally appeared before me, Gladys Rogers Audrey Rodriguez, Notary Public (here insnt nane and title <^the oificar) wiio proved to me on the basis of sattsf^tory evidence to be the person whose name Is subscribed to the wdthin instrument and acknowledged to me that she executed the same In her authorized capacity, and ttiat by her signature on the instrument the person, or the entity upon behaif of vvhich the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph Is true aid correct. WITNESS my hand and official seal AUDREY RODRIGUEZ I Commission # 1902485 I Notary Pubiic - California i 4 N^fex-Ty San Diego County ^ i '^'^ My Comm. Expires Sep 2, 2014 t (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional inforniation) CAPACITY CLAIMED BY THE SIGNER • Iiklividual (s) • Corporate OlRcer (Title) • Partner(s) 09 Attomey-in-Fact • Tnistec(s) • Other Signer is Representing- Surety Coinpany CAPA vlll0.05 Oby Auociilionof ftofe$»»o«»l NoMuvii & CSA 8<»-873-yS65 vnww.»MMydafae).«om POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws ofthe State of Texas, and having its principal office in Houston, Hanis County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers, Audrey Rodriguez its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fiilly and to the same extent as if such bond were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force, until 10/31/2013 and is made under and by authority ofthe following resolutions ofthe Board of Directors of the SureTec Insurance Company: Be it Resolved, that thc President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalfofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature ofany authorized officer and seal ofthe Company heretofore or hereafter affixed to any power of attomey or any certificate'rclatmg thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(r of Apnl, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. ,.*«-«-*^ SURETEC INSURANCE CPMP ANY 5oBA|yiS^ State of Texas ss: County of Harris On this 3rd day of September, A.D: 2010 beforc me perso^"came John Knox Jr., to me known, who, being^by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed thc above instmment; that he knows the seal of said Company; that the seal affixed to said instmment is such corporate seal; that it was so affixed by order ofthe Board of Directors of said Company; and that he signed his name thereto by like order. M!^^ JACQUELYN MALDONADO Notary Public, State of Texas \)7V\}HS My Commission Expires ^l^^ May 18. 2013 I M Brent Beaty Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a tme and con-ect copy o'f a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermorc, the rcsolutions ofthe Board of Directors, set out in the Power of Attomey are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this _. _L4Tli_ day of MAY ?Q12 , A.D. M. Brent Beaty, Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification ofthe authority ofthis power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIF0RNL4 ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof California County of SovC^ V^\fO^O Oi\M(\sf \5lt6\?^ beforeme, 5. CaS^A ys/OWsy ?uV^V\C ' (Here insert name and title of the officer) personally appeared 5Vev/^ t)^Acl cxni\ Ho\\y Y^orld — , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sU^^aj:e subscribed to the within instrument and acknowledged to me that b^sji^hey executed the same in hi&^h<8'™eir authorized capacity(ies), and that by l^i^/j^r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ofNotary Piiblic (Notaiy Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ument) (Title or description of attached document) (Title or description of attached document continued) Numberof Pages ^ Document DateoS/ tS/ \ ^ (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Caltfomia mmt contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mmt be properfy completed ami attached to that document. Uie onfy exception is if a document is to be recorded outside of Califomia In such insttmces, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does rmt require the notary to do something that is illegal for a notary in Caltfomia (i.e. certifying the authorized ccq>acity of the signer). Please check the document carefulfy for proper notarial wording md atiach this form tf required • Statc and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your Utle (notary public). • Print thc name(s) of document signer(s) who personally appear at thc time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/th^ is /aw) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must bc clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seai if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ^ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the titie (i.e. CEO, CFO, Secretaiy). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ^ ^whose address is ~ hereinafter called "Contractor" and : . whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 in the amount of : dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othen^/ise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 3/21/12 Contract No. 45061 Page 39 of 97 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices orto receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faradav Avenue. Carisbad. CA 92008 Title Name For Escrow Agent: Signature Address _ Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 9 Revised 3/21/12 Contract No. 45061 Page 40 of 97 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title CITY MANAGER Name Signature Address 1200 Carlsbad Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 3/21/12 Contract No. 45061 Page 41 of 97 Pages GENERAL PROVISIONS FOR PINE AVENUE PARK PREFABRICATED RESTROOM CONTRACT NO. 45061 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenA/ise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, f)rescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "Indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenwise. 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 othenA/ise. 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 othenA/ise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineet^', unless othenA/ise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 3/21/12 Contract No. 45061 Page 42 of 97 Pages Addendum - Written or graphic instrument issued pnor to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and aii other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Cartsbad or the Board of Directors of Cartsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of secunty. City Council - the City Council of the City of Cartsbad. City Manager - the City Manager of the City of Cartsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supen/isor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 3/21/12 Contract No. 45061 Page 43 of 97 Pages Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "pnme contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenA/ise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Cartsbad or Executive Manager of the Cartsbad Municipal Water District, to hear and advise the City Manager oh claims submitted by the Contractor. The City Manager for the City of Carisbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carisbad or his/her approved representative. The Engineer is the third level of appeal for Informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 3/21/12 Contract No. 45061 Page 44 of 97 Pages Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that Is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Revised 3/21/12 Contract No. 45061 Page 45 of 97 Pages Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An Individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. Revised 3/21/12 Contract No. 45061 Page 46 of 97 Pages 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB... Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center iine CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade Revised 3/21/12 Contract No. 45061 Page 47 of 97 Pages GRTG Grating GSP Galvanized steel pipe H High or height HB :.Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG.. High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS LiiTie treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC • • Ori center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite 0RIC3 Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycied asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF... Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF.... Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone 0 Revised 3/21/12 Contract No. 45061 Page 48 of 97 Pages TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW.. Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB... Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Wori< Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words 1-4 AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL UndenA/riters' Laboratories Inc. USGS United States Geological Survey UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 3/21/12 Contract No. 45061 Page 49 of 97 Pages 1 -4.2 Units of Measure and Their Abbreviations. u s. Customarv Unit (Equal To) S\ Unit /AbbrevTatloriiy (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (^im) 1 inch (in) 25.4 millimeter (mm) 1 inch in :::::]•.:::::: 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter m) 1 yard (yd) 0.9144 meter (m) 1 mile (mij ., 1-^093 kilometer (km) . 1 square foot (ft^),. 0.0929 square meter m 1 square yard/yd^) 0.8361 square meter (gi) 1 cubic foot m 0.0283 cubic meter m^ 1 cubic yard (yd') 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gaiion"(ga^^^ 3.7854 Liter (L) 1 fluid ounce (ft oz.) 29 5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (kg) 1 bunce mass (oz) 0.02835 kilogram (Rg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) "I Poise 0.1 pascal second (Pa s) 1 centistoke'(05)!!!!! 1 square millimeters per second (mm /sj 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1 -4594 Newtpn per meter (N/m) 1 foot-pound force (ft-lbf) 1-3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (T): Degree Celsius (°C): ''F = (1.8X'>C)-H32 «C = (T-32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes kilo (k). centi (c) 10= 10" milli (m) 10;^ micro (|x) 10 ^ nano(n) : 0^2 pico (p) • 1^ 1-5 SYMBOLS A Z I o PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number 3er or (between words) Degree Property line Centeriine Survey line or station line 0 Revised 3/21/12 Contract No. 45061 Page 50 of 97 Pages SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to ail proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings con- tained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect Revised 3/21/12 Contract No. 45061 Page 51 of 97 Pages to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in r"^' excess of 50 percent of the contract price by other than the Contractor's own organization. The '""^ Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of eaeh Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the . Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civii Procedure 995.660 (a). The Bidder shall pay ali bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable in the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Revised 3/21/12 Contract No. 45061 Page 52 of 97 Pages All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended, and the Project Technical Specifications, Part 4-(Csi Specifications). The construction plans consist of Pine Avenue Park Prefabricated Restroom Plans, City Project No. 45061. If applicable, the standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Revised 3/21/12 Contract No. 45061 Page 53 of 97 Pages Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) CSI Formatted Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Project Plans 7) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 8) Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. 9) Standard Specifications for Publk; Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless othenA/ise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Re-submittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would Revised 3/21/12 Contract No. 45061 Page 54 of 97 Pages indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othenA/ise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include ali manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless othenA/ise specified in the Special Provisions: V Revised 3/21/12 Contract No. 45061 Page 55 of 97 Pages 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Data, Including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4. RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless othenA/ise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenA/ise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent sun/ey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenA/ise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Private Engineers. Sun/eying by private engineers on the Work shall conform to the quality and practice required by the Engineer or Project Manager. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. 0 Revised 3/21/12 Contract No. 45061 Page 56 of 97 Pages Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in ail matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with Instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless OthenA/ise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to ali its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inten/iews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless othenA/ise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 3/21/12 Contract No. 45061 Page 57 of 97 Pages SECTION 3 ' CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of MoreThan 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less Revised 3/21/12 Contract No. 45061 Page 58 of 97 Pages V than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices* Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenA/ise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actua! costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Revised 3/21/12 Contract No. 45061 Page 59 of 97 Pages V The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment w operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental The labor cost for foremen shall be proportioned to ail of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency resen/es the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any The labor surcharge rates published therein are not a part of this contract. Jhe rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for materiai, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or Revised 3/21/12 Contract No. 45061 Page 60 of 97 Pages V other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental .15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra woric is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing ali labor, materials, and equipment involved for that day, and other sen/ices and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is re- Revised 3/21/12 Contract No. 45061 Page 61 of 97 Pages quired to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturiDed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturiDed shail constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of sen/ice of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. Revised 3/21/12 Contract No. 45061 Page 62 of 97 Pages 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 eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional ^ information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. ^f^^ (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 Revised 3/21/12 Contract No. 45061 Page 63 of 97 Pages V contract for a public work and payment of which is not othenA/ise expressly provided for or the claimant is not othenA/lse entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenA/ise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be foiled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: Revised 3/21/12 Contract No. 45061 Page 64 of 97 Pages (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. ' ' i The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. ^^m^ 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor In the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Revised 3/21/12 Contract No. 45061 Page 65 of 97 Pages V Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for Inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenA/ise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonA/ard reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. Revised 3/21/12 Contract No. 45061 Page 66 of 97 Pages 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless OthenA/ise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide arid pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer, the costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating Its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or Revised 3/21/12 Contract No. 45061 Page 67 of 97 Pages equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided In the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to detemnine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item Is equivalent. The Engineer's findings shall be final. Installation and use of a substitute Item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency 4-1.7 Weighing and Metering Equipment Ail scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. Revised 3/21/12 Contract No. 45061 Page 68 of 97 Pages 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process obsen/ations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the Implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fall to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless OthenA/ise agreed, the committee will, have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenA/ise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the Revised 3/21/12 Contract No. 45061 Page 69 of 97 Pages investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4- 2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5- 1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be sen/ed by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notiification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not intermpt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Revised 3/21/12 Contract No. 45061 Page 70 of 97 Pages ^^^^ Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the •^^^ necessary protection at its expense. / Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenA/ise specified, the Contractor shall remove all Interfering portions of utilities shown on the Plans or indicated In the Bid documents as "abandoned" or 'lo be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301 -1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-3. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and It shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, Revised 3/21/12 Contract No. 45061 Page 71 of 97 Pages or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor mav aqree with the owner of anv utilitv to disconnect and reconnect interfering service connections. The Aaencv will not be involved in anv such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place ail curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenA/lse shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenA/ise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required In Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to Interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 3/21/12 Contract No. 45061 Page 72 of 97 Pages SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenA/ise provided herein and unless othenA/lse prohibited by permits from other agencies as may be required by law the Contractor shall begin work on site within 14 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will onlv be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. 6-1.2. Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.3. Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 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 Revised 3/21/12 Contract No. 45061 Page 73 of 97 Pages CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properiy adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 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 Finaj Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore the park and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is falling to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be Included In the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor falls to properiy provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. Revised 3/21/12 Contract No. 45061 Page 74 of 97 Pages 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the ^ Project Plans and as specified in the Specifications. The work includes all labor, materials, equipment and other associated items to complete preparation of a building pad for prefabricated restroom facility, including utility work, concrete paving and coordination with Restroom Facilities Limited installation representatives who will be on site to work with the Contractor for 4 days during the placement of the prefabricated restroom facility. 6-2.2 Weekend Work. Contractor shall not perform any project related work on week-ends or City Holidays. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension Is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenA/ise specified in Section 6-6.3. 6-3.2 Archaeological and Paieontological Discoveries. If discovery is made of items of archaeological or paieontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work In the manner and at such locations as specified, or fails to maintain the Work schedule which will Insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to ^^mm^ have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to Revised 3/21/12 Contract No. 45061 Page 75 of 97 Pages that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and Its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs In excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency Is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6- 6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. Revised 3/21/12 Contract No. 45061 Page 76 of 97 Pages 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determineci to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 30 calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day Is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless OthenA/ise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Revised 3/21/12 Contract No. 45061 Page 77 of 97 Pages Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. OthenA/ise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, Interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-flve percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified In the notice. If the Contractor falls to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $ 500 per dav. Such sum Is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor If such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day Is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into sen/ice, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 3/21/12 Contract No. 45061 Page 78 of 97 Pages SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain In good condition ali equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who Is found to be incompetent. Intemperate, troublesome, disorderty, or othenA/lse objectionable, or who fails or refuses to perform work properly and acceptably, shall be Immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, Its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed In the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be Included In the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation Insurance policies shall bear an endorsement or shall have attached a rider whereby It Is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed In the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. Revised 3/21/12 Contract No. 45061 Page 79 of 97 Pages 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Revised 3/21/12 Contract No. 45061 Page 80 of 97 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is Incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed Immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site Immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator In accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained In a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. Revised 3/21/12 Contract No. 45061 Page 81 of 97 Pages 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a flre), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be In compliance with the most current San Dlego Regional Water Quality Control Board (RWQCB) permit, Carisbad Municipal code and the City of Carisbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. A model Strom Water Pollution Prevention Plan (SWPPP) will not be a requirement for this project, however, BMP's for water pollution prevention will be required and a copy of these can be obtained from the Project Manager for use in implementing BMP's for the project. All costs for preparing and implementing the Storm Water Pollution Prevention BMP's shall be Included as part of the contract price bid. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted In paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done In conformance with 307-1.5. Revised 3/21/12 Contract No. 45061 Page 82 of 97 Pages Park site amenities including but not limited to benches, picnic tables, BBQ's, drinking fountains, trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. All costs to the Contractor for protecting, removing, and restoring existing Improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1- Park Access. Pine Park will remain open to the public during the construction for this project. All equipment and tools shall not be a nuisance or hazard to the general public and shall be removed at the end of the working day. Equipment left on the property overnight and unattended shall be the sole responsibility of the contractor. Contractor shall protect the work site from other ongoing park operations and activities and for public protection and safety. Contractor shall keep the work site picked up and free of litter, tools, equipment and all other construction related materials. Contractor will only be allowed to stock pile materials on site in fenced designated area as directed by the Parks and Recreation designated Project Manager. City will not be responsible for materials or equipment contractor stockpiles or leaves at the site unattended. 7-10.2 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless othenA/ise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: flre hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/lse approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless OthenA/ise approved by the Engineer. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. Revised 3/21/12 Contract No. 45061 Page 83 of 97 Pages For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work Is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be Included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public street. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6', nor operate equipment within 2' from any traffic or parking lane occupied by vehicles. For equipment the the minimum acceptable shy distance of 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 prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.During the entire construction, a minimum of one paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. Revised 3/21/12 Contract No. 45061 Page 84 of 97 Pages 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and ail other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenA/ise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. Revised 3/21/12 Contract No. 45061 Page 85 of 97 Pages 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully Informed of State and National laws and County and Municipal ordinances and regulations which In any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times obsen/e and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, sen/ices, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and Interest In and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenA/ise specified, quantities of work shall be determined from measurements or dimensions In horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless OthenA/ise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement The system of measure for this contract shall be the U.S. Standard Measures. Revised 3/21/12 Contract No. 45061 Page 86 of 97 Pages 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be In such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, If the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided In particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent Injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenA/ise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date, of recordation of the "Notice of Completion." If, within the time fixed by law, a properiy executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such Revised 3/21/12 Contract No. 45061 Page 87 of 97 Pages V labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properiy executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth In writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work Is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 3/21/12 Contract No. 45061 Page 88 of 97 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting Its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be In sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further Information and details as may be required by the Engineer to determine the facts or contentions Involved In Its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed Items. 9-3.2.1 Payment for Claims. Except for those final payment Items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment Items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract Including Sections 3-4 Changed Conditions, 3-5 Disputed Wori<, 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 Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be Included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid Item will be included in the progress Revised 3/21/12 Contract No. 45061 Page 89 of 97 Pages estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included In the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans. In the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 3/21/12 Contract No. 45061 Page 90 of 97 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements In this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified. Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless othenA/lse shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings In Tables 200-1.2.2(A) and 200-1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes Percen Type A tage Passing Type B 50-mm (2") — 100 37.5-mm (I7p") — 95-100 19-mm CU") 100 50-100 12.5-mm (V2") 95-100 — 9.5-mm (%") 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-Mm (no. 200) 0-3 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm (1") 100 19-mm (%") 90-100 9.5-mm (%") 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No. 8) 18-33 600-um (No. 30) 5-15 300-um (No. 50) 0-7 75-um (no. 200) 0-3 Revised 3/21/12 Contract No. 45061 Page 91 of 97 Pages 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may Include material processed from reclaimed asphalt concrete, portiand cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 Inch maximum shall be used, except that once a grading is selected It shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Sieve Sizes 2" 11/2" 1" 3/4" No. 4 No. 30 No. 200 11/2" Maximum Operating Range 100 90-100 50-85 25-45 10-25 2-9 Percentage Passing 3/4" Maximum Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which Is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 3/21/12 Contract No. 45061 Page 92 of 97 Pages SECTION 207 - UNDERGROUND PIPE Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No Inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printabiiity ASTM D2578 >50 dynes/square centimeter Flexibilitv ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Messaqe repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H9O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1 (B) Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and flre communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. Revised 3/21/12 Contract No. 45061 Page 93 of 97 Pages D General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 212-LANDSCAPE AND IRRIGATION MATERIALS ELECTRICAL MATERIALS 212-3.1 General. Add the following: the 1996 National Electrical Code. All electrical materials shall conform to the requirements of 212- 3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0 015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). SECTION 213 - ENGINEERING FABRICS 213- 2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1(A) Table 213-2.1 (A) Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aaaregate Dram 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (YA Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg {% Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing . 90WS Erosion Control Fence with 1.8 m (6') Post Spacing and No wire hencing 200WS Add the following section: 213-3 EROSION CONTROLSPECIALTIES. Add the following section: , u „ u u . * 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (%") crushed rock and securely tied closed. Plastic bags are not acceptable. V Revised 3/21/12 Contract No. 45061 Page 94 of 97 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs. If any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.1 General, add the following to the second paragraph: If the Contractor stockpiles, or otherwise deposits soil or unclassified excavation materials, on the stockpile area shown on the landscape plans it shall clear and grub the area over which stockpiled soil or unclassified excavation materials are placed. 300-1.3 Removal and Disposal of Materials, add the following: Also included In clearing and grubbing shall be removal and disposal of existing weeds, concrete over 2" In diameter or other clearing and grubbing materials such as small undesirable shrubs directed to be removed by Owner. 300-1.4 Payment modify as follows: Payment for clearing and grubbing shall be included in the lump sum bid and no other payments will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, re-compaction, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including salvaging clean excavated material. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the Revised 3/21/12 Contract No. 45061 Page 95 of 97 Pages required grades and cross sections. Unclassified fill, slope rounding, all work Incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade toierances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or 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 300-4.2 Preparation of Fill Areas, add the following: Except as provided In section 300-4.7, "Compaction", areas proposed for Improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure Dl 557-91. The Contractor shall break rock encountered In the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carisbad, a separate grading permit will be required for disposal of rock. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properiy control erosion and storm water damage of the limits of work and construction Impacts upon areas receiving drainage flows from within the limits of work. Revised 3/21/12 Contract No. 45061 Page 96 of 97 Pages V Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within —^ the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January edition as published by the California Stormwater Quality Association. Temporary erosion control measures provided by the Contractor shall Include, but not be limited to, the following: a) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN- A SWPPP plan is not required for this work, however, BMP's for storm water and drainage protection will be required for sedinient control and soil stabilization practices and non-storm water management and waste management disposal. Suitable BMP's for this project may be obtained by contacting the City assigned project manager for this contract. All costs Incurred to provide BMPs for the project shall be included in the bid price. 300-13.1.3 Payment Preparation, implementation and management of BMP'S shall be considered incidental to the Items of work and no additional payment will be made therefore. The Contractor shall implement, throughout the duration of the project, control measures Included In the BMP'S for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance^ To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the BMP's. The (Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. Revised 3/21/12 Contract No. 45061 Page 97 of 97 Pages PART 4 CSI FORMATED SPECIFICATIONS SECTION 02010 DEMOLITION AND REMOVAL PART 1 - GENERAL 1.01 SUMMARY This Section includes requirements for Demolition and Removal of existing concrete pave- ments, and removal of ail other existing improvements within the limits of work as indicated on the drawings. This Section also includes the installation of temporary construction fenc- ing. 1.02 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to In the text by the basic designation only. A. Standard Specifications 1. American National Standards Institute (ANSI), ANSI A10.6, 1983 Demoli- tion Operations-Safety Requirements. 2. Standard Specifications for Public Works Construction (Latest Edition) (Greenbook or Standard Specifications), including the Latest Regional and Latest County of San Diego Supplemental Amendments. 3. State of California Department of Transportation (Caltrans) Standard Spec- ifications, Latest Edition. B. Standard Drawinos 1. San Diego Regional Standard Drawings, as last amended, shall apply to the work to the extent referenced on the drawings. 2. City of Carisbad Standard Drawings. 3. State of California Department of Transportation (Caltrans) Standard Plans, Latest Edition. 4. Standard Plans for Public Works Construction, as last amended, prepared by Southern Califomia Chapter of the American Public Works Association. C. Geotechnical Report: A Geotechnical Report has been prepared for this project and is available for the Contractor's review. The Geotechnical Report is entitled, "Geotechnical Investigation Proposed Restroom Structure , Pine Avenue Park, Carisbad California, prepared by Southern California Soil & Testing Inc. 1.03 SITE INSPECTION AND LOCATION OF EXISTING ON-SITE UTILITIES: A. Prior to all work of this Section, carefully inspect the entire site and all existing items to be demolished and removed or to be left Intact, and determine an orderiy sequence for the performance of this work. Locate all existing utility lines and de- termine the requirements for disconnection and capping. Locate all active utilities traversing the area of work to be retained and determine the requirements for pro- tection. /\ Contract No. 45061 Page 1 of CSI Specifications ^ B. Locate all overhead utilities and poweriines and determine height restrictions. Do not operate equipment in the vicinity of overiiead utilities and power lines, which may create a safety hazard. 1.04 PROTECTION A. The contractor shall notify DIG ALERT at 1 -800-227-2600 at least two days prior to starting work and shall coordinate all work with utility company representatives. The existence and locations of existing underground facilities shown on the draw- ings were obtained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or not shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully responsible for any and all damages which might be occa- sioned by the Contractor's failure to exactiy locate and preserve any and all under- ground utilities. B. Prior to commencing the work, the Contractor shall pothole all existina utilities associated with the work at all crossino points and points of connection. The Con- tractor shall record exact horizontal and vertical locations of all pot-holed under- ground facilities. If potholes do not reveal the location of certain existing utilities, or if potholes reveal locations of existing utilities other than expected, the Contractor shall notify the Owner in writing, and shall not proceed further until the Owner pro- vides direction. ^ 1.05 RELATED WORK IN OTHER SECTIONS The following work specified in other sections applies to the work of this Section, including but not limited to: A. Section 02517, "Portland Cement Concrete Paving". C. Section 02660, "Exterior Water Distribution System". D. Section 02720, "Storm Drainage System". E. Section 02730, "Exterior Sanitary Sewer System". 1.06 SAFETY DURING CONSTRUCTION The Contractor shall assume sole and complete responsibility for job site conditions during the course of construction of the project, Including safety of all persons and property. This requirement shall be made to apply continuously and not be limited to normal working hours. Refer to General Provisions for additional requirements. PART2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION FENCING Comply with the requirements of Section 206-6 of the Standard Specifications. Fence height shall be 6', with appropriate access gates, which shall be lockable. 0 Contract No. 4 5 0 61 Page 2 of CSI Specifications PART 3 EXECUTION 3.01 GENERAL A. Perform all demolition and removal in accordance with Section 300-1.3 of the Standard Specifications, and as described in this Section. B. Protect all facilities to remain. C. Comply with Federal, State, and local hauling and disposal regulations. D. Coordinate demolition and removal operations for on-site work with demolition and removal required for construction of improvements. Comply with all traffic control requirements required by the Owner and the City of San Diego for construction traf- fic. E. Prevent the spread of dust and debris, and avoid the creation of a nuisance or hazard In the surrounding area. F. Provide weather protection during the construction period to prevent erosion of the site or deposition of sediment onto adjacent ballfield and park property. G Noise shall be kept at a reasonable level (in the opinion of Owner) as related to specific items of equipment used, and their hours of use. This does not preclude the use of mechanical equipment, i.e., jackhammers, etc. H. Provide temporary construction fencing, in accordance with Section 206-6 of the Standard Specifications. Exact location of temporary construction fencing shall be approved by the Owner prior to construction. 3.02 SPECIFIC REQUIREMENTS A. Demolish and remove existing improvements, including but not limited to the following: 1. Site Improvements, Including concrete paving, and associated appurte- nances, and miscellaneous equipment of various materials and construc- tion. 2. Limits of demolition of existing concrete pavement, shall be sawcut. 3. Relocate any existing irrigation, water, gas, electric, telephone, cable, sanitary sewer, storm drain, et cetera found within work area as indicated on drawings. 4. Cut and cap existing buried piping where Indicated to be abandoned in place. Cap shall be the same size and made of the same material as the pipe being abandoned. END OF SECTION Contract No. 4 5 0 61 Page 3 of CSI Specifications SECTION 02225 EXCAVATING, BACKFILLING AND COMPACTING FOR UTILITIES PART 1 GENERAL 1.01 SUMMARY This Section includes requirements for excavating, preparation of pipe-laying surface, pipe bedding, backfilling and compaction for the piping systems furnished and installed under Section 02660, "Exterior Water Distribution System"; and Section 02730, "Exterior Sanitary Sewer System". 1.02 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only A. Standard Specifications 1. American National Standards Institute (ANSI), ANSI A10.6, 1983 Demoli- tion Operations-Safety Requirements. 2. Standard Specifications for Public Works Construction (Latest Edition) (Greenbook or Standard Specifications), including the Latest Regional and Latest County of San Dlego Supplemental Amendments. 3. State of California Department of Transportation (Caltrans) Standard Spec- ifications, 1992 Edition. 4. State of California Department of Transportation (Caltrans) "Manual of Traffic Control for Construction and Maintenance Works Zones" (1991 Edi- tion). B. Standard Drawings 1. San Diego Regional Standard Drawings, as last amended, shall apply to the work to the extent referenced on the drawings. 2. City of Carisbad Standard Drawings. 4. State of California Department of Transportation (Caltrans) Standard Plans, July 1992 Edition. 5. Standard Plans for Public Works Construction, as last amended, prepared by Southern California Chapter of the American Public Works Association. C. Geotechnical Report: A Geotechnical Report has been prepared for this project and is available for the Contractor's review. The Geotechnical Report is entitled, "Geotechnical Investigation Proposed Restroom Structure , Pine Avenue Park, Carisbad California, prepared by Southern California Soil & Testing Inc. The Ge- otechnical Report is believed accurate, however, neither the information contained therein, nor conditions Indicated to exist at the test hole locations or other site loca- tions is guaranteed to prevail throughout the job site. Contract No. 4 5 0 61 Page 4 of CSI Specifications D. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM Dl 556 Density of Soil in Place by the Sand Cone-Method ASTM Dl 557 Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-ln. (457 mm) Drop ASTM D2487 Classification of Soiis for Engineering Purposes ASTM D2922 Density of Soii and Soil-Aggregate in Piace by Nuclear Methods (Shallow Depth) ASTMD3017 Moisture Content of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) 1.03 SITE INSPECTION AND LOCATION OF EXISTING ON-SITE UTILITIES: A. Prior to all work of this section, carefully inspect the entire site and all existing items to be demolished and removed or to be left intact, and determine an orderiy se- quence for the performance of this work. Exact locations and alignment of existing buried utility lines are not known. Locate all existing utility lines and determine the requirements for disconnection and capping. Locate all active utilities traversing the area of work to be retained and determine the requirements for protection. B. Locate all overhead utilities and poweriines and determine height restrictions. Do not operate equipment in the vicinity of overtiead utilities and poweriines, which may create a safety hazard. ^ 1.04 DESCRIPTION The work includes excavation, preparation of pipe laying surface, pipe bedding, backfilling and compaction as specified herein, for the piping systems furnished and installed. The work also includes protection as specified herein, installation of buried warning and Identification tape, saw cutting and removal of existing concrete pavement within areas to be trenched through existing concrete and pavement repair for areas trenched through existing concrete as specified herein. 1.05 DEFINITIONS A. Backfill: Material used In refilling a trench or other excavation. B. Compaction: Any method of mechanically stabilizing a material by increasing Its density at a controlled moisture condition. "Degree of Compaction" is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D1557 for general soil types, abbreviated in this specification as "(amount indicated) percent ASTM Dl 557 maximum density." C. Embankment: A "fill having a top that is higher than adjoining ground." D. Fill: Specified material placed at a specified degree of compaction to obtain an indicated grade or elevation. E. Granular Pipe Bedding: A dense, well-graded aggregate mixture of sand placed on a subgrade to provide a suitable foundation for pipe. W Contract No. 4 5 0 61 Page 5 of CSI Specifications F. Hard Material: Weathered rock, dense consolidated deposits, or conglomerate materials which are not included in the definition of "rock" but which usually require the use of heavy excavation equipment, ripper teeth, or jack hammers for removal. G. Lift: A layer or course of soil placed on top of prepared subgrade or a previously prepared or placed soil in a fill or backfill. H. Rock: Solid Homogenous interiocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement exceeding 1/2 cubic yard in volume. I. Unyielding Material: Rock or soil with cobbles In the trench bottom requiring a covering of finer grain material or special bedding to avoid bridging in the pipe or conduit. J. Unsatisfactory Material: Soil or other material Identified as having insufficient strength or stability to carry intended loads on trench backfills without excessive consolidation or loss of stability. Also backfill material which contains refuse, large rocks, debris, and other material which could damage the pipe or cause the backfill not to compact. Materials classified as PT, OH, or OL by ASTM D2487 are unsatis- factory. K. Unstable Material: Material in the trench bottom, which lacks firmness to maintain alignment and prevent joints from separating in the pipe, conduit, or appurtenance structure during backfilling. This may be material othenA/ise identified as satisfacto- ry which has been disturbed or saturated. 1.07 PROTECTION A. The Contractor shall notify DIG ALERT at 1 -800-227-2600 at least two days prior to starting work and shall coordinate all work with utility company representatives. The existence and locations of existing underground facilities shown on the draw- ings were obtained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or not shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully responsible for any and all damages which might be occa- sioned by the Contractor's failure to exactly locate and presen/e any and all under- ground utilities. B. Prior to commencing the work, the Contractor shall pothole all existina utilities at all crossina points and points of connection. Notify the Owner of any conflicts or dif- ferences from positions indicated on the drawings. If potholes do not reveal the location of certain existing utilities, or if potholes reveal locations of existing utilities other than expected, the Contractor shall notify the Owner in writing, and shall not proceed further until the Owner provides direction. .**««^ C. Dewatering: Provide for the disposal of surface and subsurface water, which may accumulate in open excavations, unfinished fills, or other low areas. Remove wa- ter by trenching where approved, pumping, or other methods to prevent softening of exposed surfaces. Contract No. 4 5 0 61 Page 6 of CSI Specifications D. Utilities: Movement of construction machinery and equipment over pipes and utilities during construction shall be at the Contractor's risk. For work immediately adjacent to or for excavations exposing a utility or other buried obstruction, use hand or light equipment excavation. Start hand or light equipment excavation on each side of the Indicated obstruction and continue until the obstruction is uncov- ered or until clearance for the new grade is assured. Support uncovered lines or other existing work affected by the contract excavation until backfill is completed. Report damage to utility or subsurface construction immediately to the Owner. G Protection of Structures and Surfaces: Protect newly backfilled areas and adjacent structures, slopes or grades from traffic, erosion settlement, or any other damage. Repair and reestablish damaged or eroded grades and slopes and restore surface prior to acceptance. Provide erosion control to prevent water-borne soil from leav- ing the site, by means of sand bags. The contractor shall be responsible to clean- up any soil deposited in the public right-of-way or on adjacent property. 1.08 RELATED WORK IN OTHER SECTIONS The following work specified in other sections applies to the work of this Section, including but not limited to: Section 02010, "Demolition and Removal". Section 02660, "Exterior Water Distribution System". Section 02730, "Exterior Sanitary Sewer Sysstem 1.09 SAFETY DURING CONSTRUCTION The Contractor shall assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property. This requirement shall be made to apply continuously and not be limited to normal working hours. Refer to General Provisions for additional requirements. PART 2 PRODUCTS 2.01 SOIL MATERIALS Provide soil materials as described below free of debris, roots, wood, scrap material, vegeta- ble matter, refuse, soft unsound particles, or other deleterious and objectionable materials. A. Backfill: Bring trenches to grade indicated on the drawings using material excavat- ed on the site of this project. This material shall be approved by the Geotechnical Engineer prior to use as backfill. The backfill material shall not contain rocks or lumps over 3 inches in largest diameter and not more than 40% larger than 1.5 inches. B. Bedding: Sand: Clean, course-grained sand classified as SW or SP by ASTM D2487 shall be used as bedding material. C. Utility trenches under slabs: Utility trenches under slabs in expansive soils shall be back filled with sand (SE 30 or greater) and compacted to a minimum of 90% of maximum dry density of the sand. Care shall be taken not to crush the utility or pipes during the compaction of the trench back fill. Contract No. 45061 Page 7 of CSI Specifications 2.02 BURIED WARNING AND IDENTIFICATION TAPE Polyethylene plastic and metallic core or metallic-faced, acid- and alkali-resistant, polyeth- ylene plastic waming tape manufactured specificaily for waming and identification of buried utility lines. Provide tape on rolls, three-inch-minimum width, color coded as stated below for the Intended utility with waming and identification imprinted in bold black letters continuously over the entire tape length. Waming and identification to read, "CAUTION, BURIED (Intend- ed service) LINE BELOW" or similar wording. Color and printing is to be permanent, unaf- fected by moisture or soil. Warning tape Color Codes Blue: Water Lines, including Fire, Domestic and Irrigation Green: Sewer Lines White: Storm Drain Lines A. Warning Tape for Metallic Piping: Acid and alkali-resistant polyethylene plastic tape conforming to the width, color, and printing requirements indicated above. Mini- mum thickness of the tape shall be 0.003 inch. Tape shall have a minimum strength of 1500 psi lengthwise and 1250 psi crosswise with a maximum 350 per- cent elongation. B. Detectable Waming Tape for Non-Metallic Piping: Polyethylene plastic tape con- forming to the width, color, and printing requirements indicated above. Minimum thickness of the tape shall be 0.004 Inch. Tape shall have a minimum strength of 1500 psi lengthwise and 1250 psi crosswise. The tape shall be manufactured with Integral wires, foil backing, or other means of enabling detection by a metal detec- tor when the tape is buried up to three feet deep. Encase the metallic element of the tape in a protective jacket or provide with other means of corrosion protection. PARTS EXECUTION 3.01 GENERAL EXCAVATION Keep excavations free from water while construction is in progress. Make trench sides as neariy vertical as practicable except where sloping of sides Is allowed or required. Sides of trenches shall not be sloped from the bottom of the trench up to the elevation of the top of the utility. 3.02 GENERAL BEDDING Shall be of the materials and depths as indicated for the utility and utility structures. Place bedding in six-lnch-maximum loose lifts to one foot above utility unless othenA/ise specified. Ensure that initially placed material is tamped firmly under pipe haunches. Bring up evenly on each side and along the full length of the structure. Ensure that no damage Is done to structures or their protective coatings. Provide uniform and continuous support for each section of structure except at bell holes or depressions necessary for making proper joints. 3.03 THRUST BLOCKS Provide concrete thrust blocks for pipe anchorage in accordance with City of Carisbad Standard Drawings. Contract No. 4 5 0 61 Page 8 of CSI Specifications 3.04 BURIED WARNING AND IDENTIFICATION TAPE Install tape in accordance with manufacturer's recommendations except as modified herein. Bury tape 6" below finished grade; under pavements bury tape 6" below top of subgrade. 3.05 GENERAL BACKFILLING Place backfill on top of bedding material in 6"-maximum loose lifts unless othenA/lse speci- fied. Compact each loose lift as specified In paragraph "General Compaction" before placing the next lift. Do not backfill where the material In the trench Is muddy, except as authorized. Where settlements greater than the tolerance allowed herein for grading occur in trenches and pits due to improper compaction, excavate to the depth necessary to rectify the problem, then backfill and compact the excavation as specified herein and restore the surface to the required elevation. Coordinate backfillina with testina of utilities. Complete all testina for utilities before backfillina. 3.06 GENERAL COMPACTION Use hand-operated, plate-type, vibratory, or other suitable hand tampers. Avoid damaging pipes and protective pipe coatings. Compact material in accordance with the following unless OthenA/ise specified. A. Compaction of Bedding and Backfill: Compact bedding and backfill material surrounding pipes to 90% of ASTM D1557 maximum density, except where speci- fied to be 95% of ASTM D1557 maximum density in Section 02220, "Earthwork for Structures and Pavements". 3.07 SPECIAL EARTHWORK INSTALLATION REQUIREMENTS A. Grading: Finish to grades indicated within 0.05 feet. Grade areas to drain water away from structures. Grade existing grades that are to remain but have been dis- turiDed by the Contractor's operations. B. Protection of Surfaces: Protect newly graded areas from traffic, erosion, and settlements that may occur due to construction activity. Repair or reestablish dam- aged grades, elevations, or slopes. C. Pavement Repair: Repair pavement, curiDs, and gutters damaged during construc- tion with new improvements. Do not repair pavement until trench or pit has been backfilled and compacted as herein specified. 3.08 SOIL TESTING The geotechnical engineer shall make random field density tests of the compacted soil to provide a basis for expressing an opinion as to whether the fill material is compacted as specified. The basis for his opinion that the fill material has been compacted to at least the minimum relative compaction specified shall be that no tests in compacted or recompacted fill areas indicate a relative compaction of less than that specified. Density tests hall be made in the compacted materials below any disturiDed surface. When these tests indicate that the density of any layer of fill or portion thereof is below that specified, the particular layer or areas represented by the test shall be reworked until the specified density has been achieved. END OF SECTION Contract No. 4 5 0 61 Page 9 of CSI Specifications SECTION 02660 EXTERiOR WATER DISTRIBUTION SYSTEM PART1 GENERAL 1.01 SUMMARY The work Includes constmction of water service facilities and appurtenances, Including the installation and testing of water services indicated for domestic supply, y and modification of the existing on-site water mains, as indicated on the drawings and specified herein. ". 1.02 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only A. Standard Specifications 1. American National Standards Institute (ANSI), ANSI A10.6, 1983 Demoli- tion Operations-Safety Requirements. 2. Standard Specifications for Public Works Construction (Latest Edition) (Greenbook or Standard Specifications), including the Latest Regional and Latest County of San Diego Supplemental Amendments. B. Standard Drawings 1. San Diego Regional Standard Drawings, as last amended, shall apply to the work to the extent referenced on the drawings. 2. City of Carisbad Standard Drawings. 3. Standard Plans for Public Works Construction, as last amended, prepared by Southern California Chapter of the American Public Works Association. E. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D1785 Polyvinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80 and 120 ASTM D2466 (Vinyl Chloride) (PVC) Plastic Pipe Fitting, Schedule 40 ASTM D2564 Solvent Cements for Polyvinyl Chloride (PVC) Plastic Pipe and Fittings ASTM D2774 (R 1983) Underground Installation of Thermoplastic Pressure Piping ASTM D2855 Making Solvent-Cemented Joints with Polyvinyl Chloride (PVC) Pipe and Fittings ASTM F402 Safe Handling of Solvent Cements and Primers Used for Joining Ther- moplastic Pipe and Fittings F. AMERICAN WATER WORKS ASSOCIATION AWWA C-900 Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. Through 12 in.. For Water Contract No. 4 5 0 61 Page 10 of CSI Specifications AWWA C-509-80 Resilient-seated Gate Valve, 3 In. Through 12 In. NPS, For Water r AWWA C-800 Underground Sen/ices Line Valves and Fittings AWWA M-23 PVC Pipe-Design and Installation G CARLSBAD MUNICIPAL WATER DISTRICT WATER DEPARTMENT APPROVED MATERIAL LIST, LATEST EDITION 1.03 SITE INSPECTION AND LOCATION OF EXISTING ON-SITE UTILITIES: A. Prior to all work of this Section, carefully Inspect the entire site and all existing items to be demolished and removed or to be left Intact, and determine an orderiy sequence for the performance of this work. Exact locations and alignment of existing buried utility lines are provided on As Built Plans as part of the project plans. Locate all existing utility lines and determine the requirements for disconnection and capping. Locate ail active utilities traversing the area of work to be retained and determine the requirements for protection. B. Locate all overhead utilities and poweriines and determine height restrictions. Do not operate equipment In the vicinity of overhead utilities and poweriines which may create a safety hazard. 1.04 DELIVERY, STORAGE, AND HANDLING A. Delivery and Storage: Inspect materials delivered to site for damage. Unload and store with minimum handling. Store plastic piping, jointing materials under cover out of direct sunlight. Do not store materials directly on the ground. Keep inside of pipes and fittings free of dirt and debris. B. Handling: Handle pipe, fittings, valves, hydrants, and other accessories in a manner to ensure delivery to the trench in sound undamaged condition. Carry, do not drag pipe to the trench. Store plastic piping, jointing materials that are not to be Installed immediately under cover out of direct sunlight 1.05 PROTECTION A. The contractor shall notify DIG ALERT at 1-800-227-2600 at least two days prior to starting work and shall coordinate all work with utility company representatives. The ex- istence and locations of existing underground facilities shown on the drawings were ob- tained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or not shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully responsible for any and all damages, which might be occasioned by the Contractor's failure to exactly locate and presen/e any and all underground utilities. B. Prior to commencing the work, the Contractor shall pothole all existina utilities at all crossina points and points of connection in the work area. The Contractor shall record exact horizontal and vertical locations of all pot-holed underground facilities. Notify the Owner of any conflicts or differences from positions indicated on the drawings. If pot- holes do not reveal the location of certain existing utilities, or if potholes reveal locations of existing utilities other than expected, the Contractor shall notify the Owner in writing, .-w^ and shall not proceed further until the Owner provides direction. Contract No. 45061 Page 11 of CSI Specifications C. Protection and Restoration of Surface: Protect newly graded areas from traffic, erosion, and settlements. Repair and reestablish damaged or eroded slopes, elevations or grades and restore surface construction prior to acceptance. Provide appropriate ero- sion control and sediment control measures to prevent water-bome soil from leaving the site. The Storm Water Pollution Prevention Plan will provide erosion and sedimentation control guidance to the contractor; however, the contractor shall be responsible to use the most appropriate Best Management Practices as necessary to ensure pollution and/or illegal discharges of storm water and non-storm water do not occur from the site. The contractor shall be responsible to clean up any soil deposited in the public right-of- way, public or private stomi drain systems, creeks/streams/lakes/ponds and other sur- face waters, flood control facilities, or on adjacent properties. The contractor shall be re- sponsible to protect storm drain catch basins and to prevent sediment from entering the public or private storm drain system during construction. 1.08 SAFETY DURING CONSTRUCTION The Contractor shall assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property. This requirement shall be made to apply continuously and not be limited to normal working hours. Refer to General Provisions for additional requirements. PART2 PRODUCTS 2.01 WATER SERVICE LINE MATERIALS _ A. Piping Materials PART 2 PRODUCTS 2.01 WATER SERVICE LINE MATERIAL A. Piping Materials 1. Polyvinyl Chloride (PVC) Pipe PVC Plastic pipe and fittings shall bear the seal of the National Sanitation Founda- tion for potable water sen/ice. Plastic pipe and fittings shall be supplied from the same manufacturer. PVC pipe smaller than 4 inches a. Polyvinyl Chloride (PVC) Plastic Piping shall conform to ASTM D1785, Schedule 80 {ASTM D1785 Schedule 40} with SDR as necessary to provide 200 psi {150 psi) minimum pressure. b. Fittings shall conform to ASTM D2467, Schedule 80 {ASTM D2266, Schedule 40}. Pipe and fittings shall be of the same PVC plastic material and shali be one of the following pipe/fitting combinations, as marked on the pipe and fitting, respectively: PVC 1220/PVC 12; PVC 2120/PVC II; PVC 2116/PVC II. Solvent cement for joining shall conform to ASTM D2564. PVC pipe 4 inches and larger a. PVC pipe shall conform to AWWA C900 and per ASTM D2241, Class 200 ASTM D2241, Class 150 with SDR as necessary to provide 200 psi {150 psi} Contract No. 4 5 o 61 Page 12 of CSI Specifications minimum pressure. b. Belled elastomeric joints shall conform to ASTM D2122 for bell measurements; elastomeric gaskets shall conform to ASTM F477. B. Fittings Fittirigs shall be ductile iron fittings conforming to AWWA C110 with a minimum rated working pressure of 250 psi. Provide fittings with bells and gaskets specifically designed for cast Iron equivalent outside diameter PVC pipe. 1. Polyvinyl Choride (PVC) Pipe Joints and Jointing Material: Joists for pipe shall be push-on joints, ASTM D 3139. Joints between pipe and metal fittings, valves, and other accessories shall be push-on joints ASTM D 3139, flange joint or compression-type joints/mechanical joints, ASTM D and AWWA C111/A21.11, as called out on the drawing. Provide each joint connection with an elastomeric gasket suitable for the bell or coupling with which it is to be used. Gaskets for push-on joints for pipe, ASTM F 477. Gaskets for push-on joints and compression-type joints/mechanical joints for joint connections between pipe and metal fittings, valves, and other accessories, AWWA 0111/A21.11, respectively, for push-on joints and mechanical joints. Me- chanically coupled joints using a sleeve-type mechanical coupling, as specified in paragraph entitled "Sleeve-Type mechanical Couplings," may be used as an op- tional jointing method in lieu of push-on joints on pain-end PVC plastic pipe, sub- ject to the limitations specified for mechanically coupled joints using a Sleeve-Type Mechanical coupling and to the use of internal stiffeners as specified for compres- sion-type joints in ASTM S 3139. In the case where there are vertical forces re- strained joints shall be used. C. Valves and Other Water Main Accessories 1. All valves and water accessories shall match existing water valves at the site. a. AWWAC500 Unless OthenA/ise specified, valves conforming to AWWA C500 shall be non- rising stem type with double-disc gates resilient sealed and mechanical-joint ends by flange. Gate valves shall be iron bodied, solid bronze internal working parts, parallel faced, double disc bottom wedging valves. The minimum desig- nated water working pressure shall be 200 psi for valves four Inches (4") through twelve inches (12") and 150 psi for larger valves. b. AWWA C509 Unless specified othenA/ise, valves conforming to AWWA C509 shall be nonris- ing stem type with mechanical-joint by flange. Valves shall open by counter- clockwise rotation of the valve stem. Stuffing boxes shall have O-ring stem seals and shall be bolted and constmcted so as to permit easy removal of parts for repair. In lieu of mechanical-joint or flanged ends, joint ends, valves may have special ends for connection to sleeve-type mechanical coupling. Valve ends and gaskets for connection to sleeve-type mechanical coupling shall con- form to the applicable requirements specified respectively for the joint or cou- pling. Valves shall be of one manufacturer. Flre protection water line valves Contract No. 4 5 o 61 Page 13 of CSI Specifications shall meet the requirements of NFPA 24 and shall conform to UL 262. The valves shall open by counterclockwise rotation. c. Coatings Interior: Coat the interior cast iron surface at the place of manufacture. Sand- blast surfaces In accordance with SSPC-SP5 (white metal blast cleaning). Ap- ply two coats of epoxy resin (Keyslte 740, Gilpon, or equal) to a minimum dry film thickness of 8 mils. Follow the paint manufacturer's recommendation. Take special care to remove ali contaminants adjacent to the seats. Exterior: Coat the exterior surfaces at the place of manufacture. Sandblast ex- terior surfaces in accordance with SSPC-SP6 (commercial blast cleaning). Apply two 16 mil coats (minimum dry thickness, each of Koppers bitumastic 50, Tnemec 46-465, or equal) d. Nuts and bolts used for bolting flanged gage valves Above ground shall be standard square head machine bolts and hexagonal nuts conforming to ASTM A307 Grade B. All bolt threads shall be lubricated with graphite and oil prior to installation. e. Exterior Stems: 1. Where the depth of the valve is such that its centeriine is more than 4 feet below grade, provide operating extension stems to bring the operating nut to a point 6 inches below the surface of the ground and/or box cover. Ex- tension stems shall be steel and shall be complete with 2 inches square operating nut. ^ 2. Construct shafts and coupling of cariDon steel, galvanized after fabrication. Provide 2 inch operating nut. Provide tee shaped operating key. Key to be 5 feet long. 3. Size shafts to safety withstand repeated reversals and stress due to full thrust of operating mechanism. Couple shaft to valve stem with a coupling, with a torque rating equal to, or greater than, torque required to operate valve. f. Wrap all buried, ferrous metal valves with 2 layers of 8 mil polyurethane film secured with plastic adhesive tape per AWWA 0105. g. Valve Boxes: Valve boxes shall consist of Schedule 40 steel pipe (5.25 inches minimum diameter) with valve box cover. Coat steel pipe with best grade of asphalt pipe dip. Use valve box covers of cast iron manufactured by Alhambra Foundry, Alhambra, Califomia; Neenah Foundry, Neenah, Wiscon- sin; or equal. Covers shall be marked "water" (cast in original mold) and shall be as shown in standard drawing SDW-107. h. Valve Blocking: Provide concrete valve blocking per City of Carisbad Standard Drawings. 1. Products: Valves manufactured by Mueller, Decatur, Illinois; Crane Company, In/ine, Califomia; or equal. 2. Check Valves Check Valves: Shall be iron or brass body 175 psi maximum working pressure, 350 psi maximum test pressure bronze disc and seat, horizontal swing check valve with bolted bonnet. Check valves shall be designed for replacement of in- Contract No. 4 5 0 61 Page 14 of CSI Specifications ternal parts without removal of valve body from piping. Bosses on each side of clapper shall be drilled and tapped for gauge installation. Valve shall be flanged on both ends. Valve shall conform to AWWA C-508. Exception: Wafer or swing check valves listed for vertical installation may be used at flre department connections. D. Detector Tape Detector tape shall be inductively locatable and conductlvely traceable using a stand- ard pipe and cable locating device. Tape shall bear a continuous printed message warning that a water line Is buried below. Use tape 3 inches wide. Refer to section covering 'Irenching backfilling and compacting" for additional requirements. E. Concrete for Thrust Blocks a. Concrete for thrust blocks shall be Class 470-C-2000, conforming to Section 201 of the Standard Specifications. b. Quantity of concrete and the area of bearing in undisturbed soil shall be as shown on the standard drawings or as indicated in NFPA 24. c. Mechanical restraint devices shall be provided at all pipe joints. Restraint de- vices shall be the wedging action type. All rods, nuts and washers shall be stain- less steel per ASTM F-593 and F-594. Uniflange, EBBA iron or equal. PARTS EXECUTION 3.01 INSTALLATION OF PIPELINES A. The contractor shall notify DIG ALERT at 1-800-227-2600 at least two days prior to starting work and shall coordinate all work with utility company representatives. The existence and locations of existing underground facilities shown on the drawings were obtained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully respon- sible for any and all damages which might be occasioned by the Contractor's failure to exactly locate and presen/e any and all underground utilities. B. Prior to commencing the work, the contractor shall POTHOLE EXISTING UTILITIES at points of connection and all utility crossings to determine exact location. C. Installation of Water Sen/ice Piping 1. Location: Connect water sen/ice piping to the building service where the build- ing sen/ice has been Installed at proximately 6' feet from the building line at the points Indicated. D. Special Requirements for Installation of Water Sen/ice Piping 1. Install all water piping and appurtenances in accordance with Carisbad Municipal Water Districts Standards and requirements. E. Pipe Anchorage: Provide concrete thrust blocks In accordance with City of Carisbad Standard Drawings. Contract No. 4 5 0 61 Page 15 of CSI Specifications F. Earthwork and Buried Warning Tape: Perform earthwork operations in accordance with Section 02225, "Excavating, Backfilling and Compacting for Utilities", including Installation of buried warning tape. QL Disinfection: Flush and disinfect ail new water lines including reclaimed water lines and affected portions of existing potable water lines in accordance with AWWA 0651. Apply chlorine by the continuous feed method. 3.02 FIELD QUALITY CONTROL A. Field Tests and Inspections: The Contractor shall perform pipeline testing In accordance with Section 306-1.4 of the Standard Specifications. The Contractor shall produce evi- dence, when required, that any item of work has been constmcted in accordance with the drawings and specifications. B. Testing Procedure: Test water mains and water sen/Ice lines in accordance with the applicable specified standard. Test PVC plastic water sen/ice lines made with PVC plas- tic water main pipe in accordance with the requirements of UNI B3 for pressure and leak- age tests. Test water sen/ice lines in accordance with applicable requirements of AWWA C600 for hydrostatic testing. No leakage will be allowed at plastic pipe joints. END OF SECTION 0 Contract No. 4 5 0 61 Page 16 of CSI Specifications SECTION 02730 EXTERIOR SANITARY SEWER SYSTEM PART1 GENERAL 1.01 SUMMARY The work includes the installation of sanitary sewer lateral, onsite sewer mainland appurte- nances modification and removal of portions of the existing on-site sewer mains, as indicat- ed on the drawings. The work also includes trench pavement repair for areas crossing existing pavement, as specified in Section 02225, "Excavating, Backfilling and Compacting for Utilities". 1.02 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only A. Standard Specifications 1. American National Standards Institute (ANSI), ANSI A10.6, 1983 Demoli- tion Operations-Safety Requirements. 2. Standard Specifications for Public Works Construction (Latest Edition) (Greenbook or Standard Specifications), including the Latest Regional and Latest County of San Diego Supplemental Amendments. 3. State of California Department of Transportation (Caltrans) Standard Spec- ifications, 1992 Edition. 4 State of California Department of Transportation (Caltrans) "Manual of Traffic Control for Construction and Maintenance Works Zones" (1991 Edi- tion). B. standard Drawings 1. San Diego Regional Standard Drawings, as last amended, shall apply to the work to the extent referenced on the drawings. 2. City of Carisbad Standard Drawings. 4. State of California Department of Transportation (Caltrans) Standard Plans, July 1992 Edition. 5. Standard Plans for Public Works Construction, as last amended, prepared by Southern California Chapter of the American Public Works Association. C Geotechnical Report: A Geotechnical Report has been prepared for this project and is available for the Contractor's review. The Geotechnical Report Is entitled, "Preliminary Geotechnical Evaluation Report Pine School Community Park", dated June 12, 2002. The Geotechnical Report is believed accurate, however, neither the information contained therein, nor conditions indicated to exist at the test hole loca- tions or other site locations is guaranteed to prevail throughout the job site. Contract No. 4 5 0 61 Page 17 of CSI Specifications D. UNl-BELL PLASTIC PIPE ASSOCIATION (UNI) W UNI B5 Installation of Polyvinyl Chloride (PVC) Sewer Pipe UNI B6 Low-Pressure Air Testing of Installed Sewer Pipe 1.03 SITE INSPECTION AND LOCATION OF EXISTING ON-SITE UTILITIES: A. Prior to all work of this Section, carefully inspect the entire site and all existing Items to be demolished and removed or to be left intact, and determine an orderiy sequence for the performance of this \Nork. Exact locations and alignment of existing buried utility lines are riot known. Locate all existing utility lines and determine the requirements for disconnec- tion and capping. Locate all active utilities traversing the area of work to be retained and determine the requirements for protection. B. Locate all overhead utilities and poweriines and determine height restrictions Do not operate equipment in the vicinity of overhead utilities and poweriines, which may create a safety hazard. 1.04 SYSTEM DESCRiPTION Sanitary Sewer Gravity Pipeline: The system consists of polyvinyl chloride (PVC) plastic pipe, cleanout, and connections to existing sewer stub-outs Indicated on the drawings. 1.05 SUBMITTALS A. Certificates of Compliance 1. Pipe and Fittings 2. Pipe Joint Materials Certificates shall attest that tests set forth in each applicable referenced publications have been performed, whether specified in that publication to be mandatory or othenA/ise Production control tests shall have been performed at the inten/als or frequency speci- fied in the referenced publication. Other tests shall have been performed within 3 years of the date of submittal of certificates on the same type, class, grade, and size of material as IS being provided for the project B. Manufacturers Catalogue Cuts 1. Pipe and Fittings 2. Pipe Joint Materials 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery and Storage 1. Piping: Inspect materials delivered to site for damage; store with minimum of han- dling. Store materials on site in enclosures or under protective coverings Store plas- tic piping and jointing materials and rubber gaskets under cover out of direct sunlight Do not store materials directly on the ground. Keep inside of pipes and fittlnas free of dirt and debris. a B. Handling: Handle pipe, fittings, and other accessories in such manner as to ensure delivery to the trench in sound undamaged condition. Carry do not drag, pipe to trench. 9 Contract No. 45061 Page 18 of CSI Specifications 1.07 RELATED WORK IN OTHER SECTIONS S The following work specified in other sections applies to the work of this Section, including but not limited to: A. Section 02225, "Excavation, Backfilling and Compaction for Utilities". B. Division 1. 1.08 SAFETY DURING CONSTRUCTION The Contractor shall assume sole and completed responsibility for job site conditions during the course of construction of the project, including safety of all persons and property. This requirement shall be made to apply continuously and not be limited to normal working hours. Refer to General Provisions for additional requirements. PART 2 PRODUCTS 2.01 PIPELINE MATERIALS A. PVC Plastic Gravity Sewer Piping 1. PVC Plastic Gravity Pipe and Fittings: Conform to the provisions of Section 207-17 of the Standard Specifications and the City of San Diego Supplements. 2. PVC Plastic Gravity Joints and Jointing Material: Conform to the provisions of Sec- tion 207-17 of the Standard Specifications and the City of San Dlego Supplements. B. PVC Force Main 1. Provide PVC force main, SDR 18 200 psi working pressure. PARTS EXECUTION 3.01 INSTALLATION OF PIPELINES AND APPURTENANT CONSTRUCTION A. The contractor shall notify DIG ALERT at 1-800-227-2600 at least two days prior to starting work and shall coordinate all work with utility company representatives. The ex- istence and locations of existing underground facilities shown on the drawings were ob- tained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or not shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully responsible for any and all damages which might be occasioned by the Contractor's failure to exactly locate and presen/e any and all underground utilities. B. The Contractor shall pothole all existing utilities at all crossing points and points of connection. The Coritractor shall record exact horizontal and vertical locations of all pot- holed underground facilities. Notify the Owner of any conflicts or differences from posi- tions indicated on the drawings. If potholes do not reveal the location of certain existing utilities, or if potholes reveal locations of existing utilities other than expected, the Con- tractor shall notify the Owner In writing, and shall not proceed further until the Owner pro- ^^^^^^^^^ vided direction. <9 Contract No. 4 5 0 61 Page 19 of CSI Specifications C. Install sanitary pipelines and appurtenances in conformance with the provisions of Section 306-1.2 of the Standard Specifications, and the following requirements: 1. Location: The work covered by this section shall terminate at a point approximately 6' feet from the building, or as Indicated. Where the location of the sewer Is not cleariy defined by dimensions on the drawings, do not lay sewer line closer horizontally than 10 feet to a water main or sen/ice line. Where sanitary sewer lines pass below water lines, lay pipe so that no joint in the sewer line will be closer than 3 feet, horizontal distance, to the water line. 2. Earthwork and Buried Warning Tape: Perform earthwork operations in accordance with Section 02225, "Excavating, Backfilling and Compacting for Utilities", including installation of buried warning tape. 3. Pipe Laying and Jointing: Inspect each pipe and fitting before and after installation; replace those found defective and remove from site. Provide proper facilities for low- ering sections of pipe into trenches. Lay non-pressure pipe with the bell or groove ends In the upgrade direction. Adjust spigots in bells and tongues in grooves to give a uniform space all around. Blocking or wedging between bells and spigots will not be permitted. Replace by one of the proper dimensions, pipe or fittings that do not al- low sufficient space for installation of joint material. At the end of each work day close open ends of pipe temporarily with wood blocks or bulkheads. Provide batter- boards not more than 25 feet apart in trenches for checking and ensuring that pipe in- vert elevations are as indicated. Laser beam method may be used in lieu of batter- boards for the same purpose. 4. Concrete encasement: Encase sewer lateral in locations indicated on the drawings, In accordance with Standard Drawing S-7. D. Special Requirements 1. Cleanout: Construct cleanouts in accordance with the Standard Drawings S-3 and S- 13. Maximum spacing shall be 100 feet 2. Removal and modification of existing on-site sewer mains. Remove portions of the existing on-site sewer mains, as indicated on the drawings. Provide caps at the point of removal. 3.02 FIELD QUALITY CONTROL A. Field Tests and Inspections: The Contractor shall be able to produce evidence, when required, that each item of work has been constructed in accordance with the drawings and specifications. B. Tests for Nonpressure Lines 1. Leakage Tests: Perform tests in accordance with Section 306-1.4 of the Standard Specifications or as directed by the City of Carisbad. END OF SECTION W Contract No. 4 5 0 61 Page 20 of CSI Specifications SECTION 15057 COPPER TUBING, BRASS AND BRONZE PIPE FITTINGS PARTI GENERAL 1.1 DESCRIPTION This section includes materials and installation of copper tubing, brass and bronze pipe fittings and appurtenances. 1.2 REFERENCE STANDARDS The publications listed below form part of this specification to the extent referenced and are referred to In the text by the basic designation only. Reference shall be made to the latest edition of said standards unless othenA/ise called for. ANSI B1.20.1 Pipe treads, general purpose ANSI Bl 6.18 Case copper alloy solder joint pressure fittings 1.3 RELATED WORK SPECIFIED ELSEWHERE CMWD Standard Drawings CMWD Standard Specifications 09910,15000,15041,15044,15056,15061 and 15064 1.4 SERVICE LATERAL WET TAP CONNECTIONS Contractor shall perform all wet tap connections to existing pipelines in accordance with Section 1500. 1.5 RECYCLED WATER IDENTIFICATION Copper Tubing, Brass, and Bronze Pipe Fittings for recycled water shall be identified with purple color coating, purple polyethylene sleeve, identification labels or signs in accordance with Section 15151. 1.6 WARNING/IDENTIFICATION TAPE Warning/Identification Tape shall be used for all copper tubing, except that which is bored or jacked, in accordance with Section 15000. PART 2 MATERIALS 2.1 COPPER TUBING Copper tubing shall conform to the requirements of ASTM B 88 Type K or ASTM B 88 M (Metric) Type A seamless copper water tube. Copper tubing up to 25mm (V) diameter shall be soft; 50mm (2") may be soft or rigid. Components shall be selected from the Approved Materials List in accordance with the Standard Drawings. Contract No. 4 5 0 61 Page 21 of CSI Specifications 2.2 BRASS PIPE, NIPPLES, AND FITTINGS Threaded nipples, brass pipe and fittings shall conform to ASTM B 43, regular wall thickness. Threads shall conform to ANSI Bl .20.1. Fittings shall be flared or silver soldered pr CMWD Standard Drawings W3 and W4. 2.3 BRONZE APPURTENANCES A. Corporation stops, curiD stops, meter and angle meter stops, meter flange adapters, and bronze-bodied sen/ice saddles shall be selected from the Approved Materials List in accordance with the Standard Drawings. B. Fittings shall be flared type or silver soldered. C. All items specified herein shall be manufactured of bronze conforming to ASTM B 62. D. Sen/ice saddles shall be the double strap type. Sen/ice saddles shall be used on all sen/ice and appurtenance connections on PVC piping. For piping materials other than PVC, service and appurtenance connections shall be performed in accordance with the Approved Drawings. 2.4 BOLTS AND NUTS FOR FLANGES Bolts and nuts shall be in accordance with Section 15000 and the Approved Materials List 2.5 WARNING/IDENTIFICATION TAPE Warning/Identification Tape materials shall be in accordance with Section 15000 and shall be selected from the Approved Materials List. PART 3 EXECUTION 3.1 COPPER TUBING AND FITTINGS A. Trenching, bedding, backfilling and compacting shall be performed in accordance with CMWD Standard Drawings. Provide a minimum cover of 760mm (30") below finished street grade. B. Cut tubing true and square and remove burrs. C. Bends in soft copper tubing shall be long sweep. Shape bends with shaping tools. Form bends without flattening, buckling, or thinning the tubing wall at any point. D. Assemble copper tubing and fittings per the manufacturer's recommendation in accordance with the Standard Drawings. E. Install warning/identification tape in accordance with Section 15000 and the Standard Drawings. "9 Contract No. 45061 Page 22 of CSI Specifications F. All fittings shall be soldered or flared as shown on the Approved Plans and Standard Drawings. 3.2 SERVICE SADDLES A. Sen/ice saddles shall be located a minimum of 600mm (24") from any pipe joint or fittings. B. Sen/ice saddles for connections shall be located a minimum of 600mm (24") from other saddles. Additionally, multiple sen/ice saddles for connections that are installed on the same side of a single pipe length shall be alternately staggered between lOo and 30o to prevent a weak plane in the pipe. C. The surface of the pipe shall be clean and all loose material shall be removed to provide a hard, clean surface. D. The sen/ice saddle shall be tightened in accordance with the manufacturer's recommendations to ensure a tight seal, using care to prevent damage or distortion of the service saddle or corporation stop due to over-tightening. E. The tap into the pipe shall be made in accordance with the pipe manufacturer's recommendation. Tapping tools and shell cutters with Internal teeth or double slots that will retain the coupon shall be used. 3.3 DISINFECTION AND BACTERIOLOGICAL TESTING ^ Disinfection, bacteriological testing, and flushing shall be performed In accordance with Section 15041. 3.4 HYDROSTATIC TESTING Field hydrostatic testing shall be performed in accordance with Section 15044. END OF SECTION Contract No. 4 5 o 61 Page 23 of CSI Specifications SECTION 15064 POLYVINYL CHLORIDE (PVC) PRESSURE PIPE & FITTINGS (AWWA C900) PARTI GENERAL 1.1 DESCRIPTION This section designates the requirements for the manufacture and installation of polyvinyl chloride, abbreviated PVC, pressure pipe, to be furnished and Installed by the Contractor, at the location and to the lines and grades shown on the Plans as herein specified. Specifications for related Work are as follows: AWWA 0900 PVC Pressure Pipe ANSI A21.10 Ductile Iron and Gray-Iron Fittings AWWA Clio Ductile Iron and Gray-Iron Fittings AWWA 0153 Ductile Iron Compact Fittings AWWA Manual M23 Pipe Design and Installation 1.2 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification section(s) for additional require- ments: A. Disinfection of Piping: 15041 B. Hydrostatic Testing of Pressure Pipeline: 15044 1.3 SUBMITTALS The Contractor shall furnish submittals In accordance with Section 2-5.3, Submittals Shop Drawing. Submittals are required for the following: A. Submit Shop Drawings, material lists, manufacturer's literature and catalog cuts and other information. B. Submit an affidavit from the pipe manufacturer that all delivered materials comply with the requirements of AWWA C900, the Plans and Specifications. 1.4 PAYMENT A. Payment for the Work in this section shall be Included as part of the lump-sum or unit- price bid amount for which such Work is appurtenant thereto. B. Payment by the linear foot shall be for each diameter and for each pipe strength designation measured horizontally over the pipe centeriine. PART 2- MATERIALS 2.1 GENERAL Contract No. 4 5 0 61 Page 24 of CSI Specifications Material used to produce the pipe shail be made from Class 12454-A or B rigid polyvinyl chloride compounds in accordance with AWWA C900 Section 2.1 (Basic Materials), with an established hydrostatic design basis (HDB) equal to or greater than 4000 psi for water at 73.4 degrees F (23 C). Elastomeric gaskets shall comply with the requirements of AWWA 0900 Sections 2.1.5 and 2.1.5.1 (Gaskets and Lubricants). 2.2 PIPE PVC pressure pipe, 4-inch through 12-inch, shall be manufactured in accordance with AWWA C900, and shall be of the sizes and pressure classes shown on the Plans. The pipe shall have integral bell and spigot joints with elastomeric gaskets In accordance with AWWA C900 Section 2.2 (Pipe Requirements). The pipe shall conform with the outside diameter of cast-iron pipe unless othenA/lse specified and shall conform with the wall thick- ness of DR series 14,18, or 25. The pipe shall be manufactured by J.M. Manufacturing Company, Certainteed Corporation, Pacific Western Extruded Plastics Company or approved equal. 2.3 FITTINGS All fittings for PVC pressure pipe shall be manufactured in accordance with ANSI A21.10, AWWA Cl 10 or 0153. All fittings shall be made of ductile iron and the letters "Dl" or "DUCTILE" shall be cast on them, unless othenA/ise specified. Bell size shall be for Class 150 and Class 200 cast-iron equivalent PVC pressure pipe, Including the rubber-ring retaining groove. .^mt^ 2.4 SERVICES SADDLES ^ Sen/ice saddles for PVC pressure pipe shall be made of silicone bronze or brass and shall be double banded or wide single band style. The band(s) and nuts shall be type 304 stain- less steel and designed specificaily for use with AWWA 0900 PVC pipe. Each saddle shall accurately fit the contour of the pipe O.D. without causing distortion of the pipe. The saddle shall be securely held in place with stainless steel bolts and nuts. The sen/Ice saddle shall have a published working pressure at least equal to the pressure class of the pipe on which it is installed. All saddles shall be provided with torque information and installation instmctions. Saddles shall be in accordance with Carisbad Rules and Regulations for the Construction of Potable Water Mains. PARTS- EXECUTION 3.1 PIPE LENGTHS Laying lengths shall be 20-feet with the manufacturer's option to supply up to 15% random (minimum length 10-feet) sections. No deflections at bells, fittings or of the pipe will be allowed. The use of deflection collars shall be required. Contract No. 4 5 0 61 Page 25 of CSI Specifications 3.2 MARKING Each pipe length shall be marked showing the nominal pipe size, O.D. base, the AWWA pressure class, and AWWA specification designation in accordance with AWWA 0900 Section 2.6 (Marking Requirements). For potable water application, the pipe shall be white or blue In color and the seal of the testing agency that verified the suitability of the material for such service shall be included. 3.3 EARTHWORK Excavation and backfill, including the pipe bedding, shall conform to the provisions of SSPWC. 3.4 GENERAL INSTALLATIONS PROCEDURES AND WORKMANSHIP PVC pressure pipe and fittings shall be Installed per AWWA Manual M23 "PVC Pipe-Design and Installation", and as herein specified. Proper care shall be used to prevent damage In handling, moving, and placing the pipe. Hoist pipe with fork lift or other handling equipment to prevent major damage or shorten its sen/ice life. A cloth belt sling or a continuous fiber rope shall be used to prevent scratching the pipe. The pipe shall be lowered and not dropped from the truck. Dropped pipe will be rejected. Prior to laying the pipe, the bottom of the trench shall be graded and prepared to provide uniform bearing throughout the entire length of each joint of pipe. Bell holes of ample dimension shall be dug in the bottom of the trench at the locations of each joint to facilitate the joining. The trench shall have a flat or semi-circular bottom conforming to the grade to which the pipe is to be laid. The pipe shall be accurately placed in the trench to the lines and grades on the Plans. Fittings shall be supported independentty of the pipe. 3.5 LONGITUDINAL BENDING No longitudinal bending shall be allowed in the installation of PVC pressure pipe. All deflections shall be accomplished by the use of deflection collars or couplings specifically designed for use with PVC C900 pipe and the deflections as installed shall not exceed the manufacturers written recommendations. 3.6 PIPE JOINT ASSEMBLY The spigot and bell shall slide together without displacement of the rubber gasket. The joint shall be dirt free. The best laying practice is with the bell facing in the direction of laying. Insert the rubber ring into the groove making sure the ring is completely seated. Lubrication of the spigot and instruction of use shall be supplied by the pipe manufacturer. The spigot shall be inserted into the bell and forced slowly into position by use of a large bar lever and a wood block across the pipe end. For large pipe, a come-along (with padding that will not scratch the pipe) may be used. Contract No. 4 5 0 61 Page 26 of CSI Specifications 3.7 CONCRETE THRUST BLOCKS Concrete thmst blocks shall be placed as shown on the Plans and shall consist of Class B Portland cement concrete containing not less than five sacks of portiand cement per cubic yard and shali conform to SSPWC. Concrete blocks shall be placed between the undisturtDed ground and the fittings to be anchored. Quantity of concrete and the bearing area of the pipe and undisturtDed soil shall be as shown on the Plans, unless othenA/ise detemiined by the Owner's Representative. The concrete shall be placed, unless specifically shown othenA/ise on the Plans, so that the pipe joints and fittings will be accessible to repairs. 3.8 MECHANICAL THRUST RESTRAINT No mechanical thrust restraint devices which transfer forces from fittings to the PVC pipe wall shall be permitted. 3.9 PREVENTING FOREIGN MATTER FROM ENTERING THE PIPE At all times when pipe laying is not in progress, the open end of the pipe shall be closed with a tight-fitting cap or plug to prevent the entrance of foreign matter into the pipe. These provisions shall apply during the noon hour as well as overnight. In no event shall the pipeline be used as a drain for removing water which has infiltrated Into the trench. The Contractor shall maintain the Inside of the pipe free from foreign materials and In a clean and sanitary condition until its acceptance by the Owner's Representative. 3.10 LEAKAGE TEST ^ General: All pipelines shall be tested In accordance with Section 15044, Hydrostatic Testing of Pressure Pipe. 3.11 DISINFECTION Disinfection shall be in accordance with Section 15041, Testing, Flushing and Disinfection of Piping. END OF SECTION Contract No. 4 5 0 61 Page 27 of CSI Specifications SECTION 15092 MISCELLANEOUS COUPLINGS, PIPE AND APPURTENANCES PART 1 GENERAL 1.1 DESCRIPTION Ail valves, couplings, and appurtenances shall conform to requirements of the standard dimensions and pressure classification of the immediately adjacent pipe, valve or appurte- nance as specified. 1.2 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification section(s) for additional require- ments: A. Painting and Coating: 09900 B. Petrolatum Wax Tape Coating: 09902 1.3 SUBMITTALS Contractor shall furnish submittals in accordance with the requirements of Section 2-5.3, Shop Drawing Submittals. The following submittals are required: A. Submit Shop Drawings for all miscellaneous couplings, pipe and appurtenances. Shop Drawings shall include listing of materials of construction, with ASTM reference and grade, including lining and paint coating intended for use, with lining and coating manu- facturers' and paint numbers listed. 1.4 PAYMENT Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. PART 2-MATERIALS 2.1 GASKETS, NUTS, AND BOLTS Gaskets for flanged joints shall be "drop-in" type asbestos composition sheet packing, graphited on both sides, "drop-in" type, conforming to the requirements of ANSI B16.21 and shall be as manufactured by Crane Co., Garlock or approved equal. Bolts and studs for aboveground installations shall be cadmium plated and shall conform to ASTM A307, Grade B, "Steel Machine Bolts and Nuts and Tap Holes," when a ring gasket is used and shall conform to either ASTM A261, "Heat-Treated CariDon Steel Bolting Material" or ASTM A193, "Alloy-Steel Bolting Material for High Temperature Sen/ice," when a full-face gasket is used. Bolts and nuts shall be heavy hexagon series. Nuts shall conform to ASTM A194, "CartDon and Alloy Steel Nuts for Bolts for High Pressure and High Temperature Sen/ice" either in Grade 1,2 or 2H. The fit shall be ANSI Bl .1, "Unified Screw Threads," Class 2, except that Class 3 fit shall be used in holes tapped for studs. Threads may be made by either cutting or cold forming. Between 1/4-inch and 3/8-inch shall project through Contract No. 4 5 0 61 Page 28 of CSI Specifications the nut when drawn tight. Washers shall be provided for each nut and shall be the same ^ material as each nut. All buried flanges, including bolts, nuts and washers, shall be encased \ in wax tape per Section 09902. All bolt threads shall be lubricated with non-oxide grease. Flanged faces shall be wire brushed and cleaned prior to joining each flange. 2.2 POLYETHYLENE ENCASEMENT Unless OthenA/ise specified on the Plans, all couplings and appurtenances for underground installation shail be encased in wax tape per Section 09902. 2.3 PAINTING AND COATING All miscellaneous couplings, pipe and appurtenances referenced in this section shall be painted and coated, interior and exterior, in accordance with Section 09900, Painting and Coating. 2.4 FLEXIBLE COUPLINGS Joints for which flexible couplings are required, shall be made with Baker, Smith-Blair, or approved equal. Gaskets shall be plain rubber gaskets. Threads on bolts of compression collars shall be lubricated with non-oxide grease before assembling the coupling. For cast-iron, ductile-iron or asbestos cement pipe sizes 2-inches through 16-inches, use Baker Series 228, Smith-Blair Series 413, or approved equal. Transition couplings shall be Baker Series 212, Smith-Blair Series 413, or approved equal. Flanged coupling adapters for cast iron or ductile iron pipe sizes 4-inches through 12-inches shall be Baker Series 601, Smith-Blair Series 912, or approved equal. Flanged coupling adaptors for cast or ductile Iron pipe greater than 12-inches shall be Baker Series 602 or Smith-Blair Series 913. 2.5 PIPE UNIONS Screw unions may be employed on pipelines 2-1/2-inches In diameter and smaller. Pipes and fittings made of non-ferrous metals shall be Isolated from ferrous metals by nylon insulat- ing pipe bushings, unions or couplings manufactured by Smith-Blair, Pipe Seal and Insulator Co. or approved equal. PART S - EXECUTION (Not Applicable) END OF SECTION Contract No. 4 5 o 61 Page 29 of CSI Specifications SECTION 16050 BASIC ELECTRICAL REQUIREMENTS PART 1 GENERAL 1.1 SCOPE A. The provisions of this section are general and are Intended to apply to the electrical work in all sections of these specifications to govern quality of design, fabrication, workmanship, operation and function of materials, equipment and appurtenances to be furnished and Installed for all the electrical work specified. B. The Contractor shall furnish all labor, materials, equipment and appurtenances necessary for the complete and satisfactory installation and operation of the electrical systems as shown on the drawings and specified herein. C. The Contractor shall also meet requirements specified in the General Requirements and the Special Provisions for electrical work, such as operating and maintenance manuals, warranty, shop and working drawings, spare parts, etc. D. Throughout the specifications, types of materials may be specified by manufacturer's name and catalog number in order to establish standards of quality and performance and not for the purpose of limiting competition. Alternate methods and/or materials may be submitted to the Resident Engineer for consideration. Those judged to be equal to that specified, may receive written approval. E. Throughout the specification material identified in singular or plural tense shall be recognized as either singular or plural. Refer to drawings for exact number of items. 1.2 COORDINATION A. The Contractor shall examine all other sections of these specifications and drawings to determine the complete scope of the electrical work and coordinate ail of the elec- trical work required for the entire project. The Contractor shall provide the correct electrical sen/ice to each piece of electrical equipment whether or not shown on the drawings, and check and coordinate the required electrical sen/ice and controls with the actual equipment provided under the other sections of the project. 1.3 INTERPRETATION OF DRAWINGS A. The drawings show the general layout of the electrical systems and indicate approxi- mate locations for connecting electrical power to the Prefabricated Restroom. The runs of feeders and branches as shown on the drawings are schematic only and are not intended to shown the exact routing and location of conduits and conduit termina- tion. The final determination as to routing, location and termination shall be governed by structural conditions, obstructions and job conditions. The Contractor shall consult all contract drawings and specifications which may affect the location of any, piece of equipment or conduit run, to avoid improper locations of such items and to avoid interference with other trades. Contract No. 4 5 o 61 Page 30 of CSI Specifications 1.4 RELATED DOCUMENTS ^ A The drawings and the general provisions of the Contract, including the General and Supplementary Conditions and other Division 1 Specification Sections, apply to the work of this section. ' 1.5 QUALITY ASSURANCE A. The Contract Drawings and Specifications establish the "Minimum Standard of Quality" each product and/or system must meet to be considered acceptable. Prod- ucts of other manufacturers will be considered if the product and/or system meets or exceeds the "Minimum Standard of Quality" established by this Contract Document. B. All work and materials shall be in full accordance with applicable requirements of public authorities having jurisdiction and utilities furnishing sen/ices. Nothing in the plans or specifications shall be construed as permitting work that is not in conform- i ance with any and all applicable codes or regulations. Codes governing this work in- clude but are not limited to the latest approved edition of the following: 1. Local City Electric Code 2. California Energy Commission - Title 24 ' 3. National Electrical Code NFPA-70 C. Requirements of codes and regulations shall be considered a minimum. Where contract documents exceed these minimums without violating code and regulation ^ requirements, the contract documents shall take precedence. Where codes conflict, the more stringent shall apply. D. The Contractor shall furnish all materials and labor required for compliance with codes and regulations, even though not specifically mentioned or shown. E. Should any changes be necessary in the drawings or specifications to make the work comply with these requirements, the Contractor shall notify the Resident Engineer for review and direction before proceeding with the work. F Permits and Certificates: Contractor shall apply for and obtain all necessary permits and certificates, including the certificate of final inspection and approval of the au- thorities named above. All expenses inherent to such permits and Inspections shall be borne solely by the Contractor. Upon completion of the entire electrical work, the Contractor shall present to the Resident Engineer all certificates of Inspection and approval required by the local and national authorities. G. Manufacturer's Certificate: The Contractor shall furnish the Resident Engineer with the manufacturer's certificate for equipment (indicated in the relevant section) stating that the equipment has been installed under either the continuous or periodical su- pen/ision of the manufacturer's authorized representative, that it is operating In ac- cordance with the specified requirement of the manufacturer, and that the equipment warranty is in effect Contract No. 45061 Page 31 of CSI Specifications H. Authorized Representative: As related to his obtaining the Manufacturer's Certifi- cates, the Contractor shall include in his contract price the cost of fumishing compe- tent and experienced engineers or superintendents who shall represent Installers un- der this contract to assist the Contractor or when required by another section, to in- stall, adjust and test the equipment in conformity with the contract documents. Before the equipment is placed in permanent operation for the City. The Contractor shall make all adjustments and tests as required to prove that such equipment is in proper and satisfactory operating condition, and meets the requirements for issuing the "Manufacturer's Certificates". 1.6 REFERENCE STANDARDS A. Materials and workmanship shall conform to the editions of the following standards, codes, or specifications in effect on the date of this specification, unless othenA/ise specified. Codes and Regulations of the Jurisdictional Authorities NEC National Electric Code - Latest edition. NEMA National Electrical Manufacturers Association - applicable standards IEEE Institute of Electrical and Electronics Engineers - applicable standards ANSI American National Standards Institute - applicable standards IES Illuminating Engineering Society UL UndenA/riter's Laboratories, Inc. - applicable standards NESC National Electrical Safety Code IPCEA Insulating Power Cable Engineers Association ASTM American Society of Testing and Materials. AWG American Wire Gauge FM Factory Mutual Association ICEA Insulated Cable Engineers Association B. UL Label: All electrical materials and equipment falling within the scope of the UndenA/riter's standards shall bear the UL Label. C. Conflicts: Where the requirements of any authorities mentioned above are in conflict with the contract drawings and/or specifications, the matter shall be brought to the at- tention of the Resident Engineer, who will render a decision to reconcile such conflict. Contract No. 45061 Page 32 of CSI Specifications 1.7 TECHNICAL REFERENCES A. When reference Is made to codes, regulations, reference standards and specifications, the wori< shall conform to the edition current as of the date of receipt of bids, unless otherwise specified. B. Where reference standards and specifications conflict with Contract requirements, the Contract requirements shall govern. 1.8 SUBMITTALS A. All submittals shall be made in accordance with the General Conditions. B. Within two (2) weeks after award of the contract, the subcontractor shall deliver to the Engineer a complete list of ail materials, equipment, apparatus and fixtures that he proposes to use. The Material List shall include size, rating and name of manufactur- er and such other information required to Identify the items, or shall state that all ma- terials furnished will be as specified. Where specification show a choice, the subcon- tractor shall indicate the selection made, listing only one brand, type or manufacturer. C. Obtain approval before procurement, fabrication, or delivery of items to the job site. Partial submittals will not be acceptable and will be returned without review. Submit- tals shall Include the manufacturer's name, trade name, place of manufacture, catalog model or number "indicated", nameplate data, size, layout dimensions, capacity, pro- ject specification and paragraph reference, applicable Federal, industry, and technical society publication references, and any other information necessary to establish con- ^ tract compilance of each item to be furnished. D. The approval or review of submittals will be general; neither approval nor review shall be construed as: 1. Permitting any departure from the Contract requirements. 2. Relieving the Contractor of the responsibility for any errors including details, dimensions and materials. 3. Approving departures from details furnished by the Resident Engineer except as otherwise specified. E. Late, incorrect, improper or rejected submittals will not be acceptable reasons for delaying the work or substituting nonspecifled material or equipment. The Contractor is responsible for providing proper submittals and allowing adequate time for their processing. F. The Contractor shall assume any extra costs to other work or trades resulting from the use of substitutions. Ail substitutions shall be supplied as approved at no extra charge. Where discrepancies or apparent errors exist on the drawings, or between the drawings and the specifications, the Contractor shall submit his pricing/bid based upon greater quantity, better quality, etc. Upon successful bid selection a clarification will be prepared, and a deductive change-order generated. Contract No. 4 5 0 61 Page 33 of CSI Specifications 1.10 DELIVERY AND STORAGE A. Ship each unit securely packaged and labeled for safe handling and shipment: 1. Store products in a dry and secure facility. 2. Mark each item cleariy. 3. Replace damaged or defective items with new items at no additional cost to the City. B. The Contractor shall provide adequate means to protect finished parts of the materi- als, equipment, and existing structures against damage during the progress of the work, and until final acceptance by the Resident Engineer. C. Thoroughly clean all parts of the materials and equipment. Exposed parts shall be thoroughly cleansed of cement, plaster and other materials; oil and grease spots shall be removed with a nonflammable cleaning solvent. 1.11 RECORD DRAWINGS A. Refer to Section 2-5.4 of the Supplemental Provisions 1.13 PROJECT CLOSE-OUT 1. Any and all signed off eiectrical Inspection notices. 2. Annotated electrical punch list(s) indicating that all items have been addressed, and completed to the satisfaction of the Resident Engineer. 3. Two bound copies of any and all certified test reports prepared by Third Parties (i.e. grounding, GFI tests, light fixture aiming adjustments, etc) as required by other sections of these specifica- tions. 1.14 GUARANTEE A. All work shall be guaranteed for a minimum period of one year from either the official date of completion or from the official date of acceptance by the Resident Engineer whichever is the later date. A. Certain items shall be guaranteed for a longer period, as stated in the specification for those items. C. Should any problem occur with the installation during this warranty period due to defective material, faulty workmanship, or noncompliance with plans, specifications, codes, or directions of the Resident Engineer, the Contractor shall furnish all neces- sary labor and materials to correct the problem without additional charges. 1.17 SEQUENCING AND SCHEDULING OF WORK Contract No. 4 5 o 61 Page 34 of CSI Specifications A. The Contractor shall coordinate his work with the work of the other trades, so that the work may proceed as expeditiously as possible. B. The Contractor shall check the drawings against the drawings of other trades to avoid conflicts. C. The Contractor shall give two (2) working days written notice to the Owner for the following stages of work. 1. Underground trench examination. 2. Final examinations after all systems are installed and connected but prior to final field testing and setting of devices. 1.18 ELECTRICAL CHARACTERISTICS A. Electrical characteristics for this project are 240/120 volts, single phase, 3 wire, and 60 hertz for associated distribution. 1.19 INTERRUPTION OF SERVICE A. Coordinate the interruption of electrical sen/ices with SDG&E and the Resident Engineer. Provide temporary power where required to continue the electric sen/ice during power outage. 1.20 JOB CONDITIONS A. Existing Conditions: Prior to submitting the bid, the contractor shall examine the site(s) and existing facilities and compare them with the drawings and specifications with respect to the conditions of the premises, location of and / or connectiori of exist- ing facilities and any obstructions which may be encountered and conduct its work to minimize disruptions to existing conditions. The costs for making changes to or ad- justing to the conditions are the responsibility of the contractor. PART 2 - PRODUCTS 2.1 MATERIALS A. All material shall be new. Material shall be catalogued by the Manufacturer as suitable for its application for this project. All similar items of a specific type or gen- eral classification shall be by the same manufacturer to ensure uniformity and con- sistent standards. B. Materials and equipment shall be current products by manufacturers regulariy en- gaged in the production of such products. Products shall have been In satisfactory commercial or industrial use for 2 years prior to bid opening. The 2-year period shall include applications of equipment and materials under similar circumstances and of similar size. The 2-year period shall be satisfactorily completed by a product for sale on the commercial market through advertisements, manufacturers' catalogs, or bro- chures. Products having less than a 2 year field sen/Ice record will be acceptable if a certified record of satisfactory field operation for not less than 6000 hours, exclusive of the manufacturers' factory or laboratory tests, is furnished. The equipment items Contract No. 4 5 0 61 Page 35 of CSI Specifications shall be supported by service organizations, which are reasonably convenient to the equipment installation in order to render satisfactory service to the equipment on a regular and emergency basis during the warranty period of the contract. C. Where installation procedures or any part thereof are required to be in accordance with manufacturer's recommendations, fumish printed copies of the recommendations prior to installation. Installation of the item shall not proceed until recommendations are received. Failure to furnish recommendations shall be cause of rejection of the equipment or material. 2.2 WIRE/CONDUCTOR MARKING A. Provide permanent wire markers at both ends of every phase and neutral conductor in all switches, receptacles, pull-box, and junction box. The marker shall cleariy indi- cate the respective circuit number(s). Mariners shall be Brady or approved or equal. PARTS - EXECUTION 3.1 INSTALLATION A. All work shall be in conformance with recognized practices of the National Electrical Contractors Association (NECA) Standards of Installation. B. All excavating, trench work and backfilling required for the installation of the work ^ shall be performed in accordance with Section 02300, "Earthwork". C. After the installation of work requiring excavation has been inspected and accepted, all excavations shall be filled with clean earth and tamped to a consistency so that no settlement will occur, and the ground left firm at natural grade. All excavated earth that is not used for backfill shall be removed from the premises or OthenA/ise disposed of as directed. D. All rough and finished concrete required for the installation of work shall be Installed in accordance with Section 02517, "Portland Cement Concrete Paving". E. The Contractor shall cooperate with all trades in providing information at the proper times regarding openings required in walls, slabs, and footings for conduit and equipment installation. 1. The Contractor shall perform all cutting and patching of construction work which may be required for the proper installation of the electrical work. All patching shall be of the same materials, workmanship, and finish as, and shall accurately match all surrounding work. F. Electric outlets, devices and equipment furnished by disciplines under the scope of this project shall be installed and fully connected to the electric circuits. 1. The Contractor shall furnish the necessary flexible conduit, connectors, cords, and other equipment that may be required for the proper connection of equip- ment. 3.2 LOCATIONS AND DIMENSIONS Contract No. 45 0 61 Page 36 of CSI Specifications A. Install all material and equipment In such a manner as to avoid obstructions, presen/e clearances, maintain code spacings and keep openings and passageways clear. B. The drawings are diagrammatic to the extent that many offsets, bends, fittings and exact locations are not shown. The Contractor shall detennine the best methods, ex- act locations and routes for his installation and note any conflicts or obstructions. The locations shown for conduits, outlets, materials and equipment may be refined to meet the architectural, stmctural and mechanical conditions with the approval of the Resident Engineer. Where dimensions are shown, they shall be adhered to as close- ly as practicable. C. Where apparatus and equipment is shown to scale or dimensioned on the drawings, dimensions have been taken from typical equipment of the general class Indicated. The Contractor shall carefully verify that the material and equipment he plans to in- stall will fit into the spaces provided and those proper clearances will be maintained. The Contractor shall assume full responsibility for the fitting of his materials and equipment to other equipment D. Review pertinent drawings and adjust the work to conditions shown. Where discrep- ancies occur between drawings and specifications notify the Resident Engineer im- mediately for his interpretation prior to submitting bid. 3.3 FIELD TEST AND/OR OPERATIONAL CHECK A. General Scope: 1. Perform field tests and operational checks to assure that all electrical equip- ment, both contractor and Owner supplied, is operational within industry and manufacturer's tolerances and Is installed in accordance with design specifica- tions. 2. The tests and operational checks shall determine the suitability for energiza- tion. 3. Schedules test and give a minimum of two day advance notice to the Resi- dent Engineer. B. Independent Testing Agency: 1. Where indicated hereinafter in these Specifications, the tests and/or opera- tional checks shall be performed by a recognized independent testing agency engaged and paid for by the Contractor. 2. The testing agency shall meet federal OSHA criteria for accreditation of test- ing laboratories, Title 29, Part 1907. Membership in the National Electrical Testing Association constitutes proof of meeting such criteria. 3. The testing agency shall have a calibration program which maintains all appli- cable test instrumentation within rated accuracy. The accuracy shall be trace- able to the National Bureau of Standards in an unbroken chain. Instruments _ shall be calibrated in accordance with the following frequency schedule. 9 Contract No. 45061 Page 37 of CSI Specifications *™tfiiiiuy'*' a. Field Instruments: 6 months maximum. b. Laboratory Instruments: 12 months. c. Leased specialty equipment 12 months. (Where accuracy Is guaran- teed by leaser, i.e.. Doble). d. Dated calibration labels shall be visible on all test equipment. 4. The testing agency shall be responsible for implementing all final settings and adjustments on protective devices in accordance with the Engineers specified values, or as recommended in the device coordination study. C. Test Reports: 1. Submit three copies of the completed report to the Resident Engineer no later than fifteen (15) days after completion of the tests unless directed othenA/lse. The test reports shall be bound and It contents certified. 2. Submit one copy of all reports for review by the Resident Engineer within 48 hours of test or Inspections. If a test fails. Indicate on subsequent reports the corrective action taken to meet the requirements of the specification. 3. The test report shall include the following: a. Summary of project. b. Description of equipment tested. c. Description of test. d. List of test equipment used in calibration and calibration date. e. Test results. f. Conclusions and recommendations. g. Appendix, including appropriate test forms. h. Certification that work meets or exceeds manufacturers standards. I. Certification on cleanliness and tightness. D. Failure to Meet Test: 1. Any system material or workmanship, which is found defective on the basis of performance tests, shall be reported directly to the Resident Engineer. 2. Contractor shall replace the defective material or equipment and have tests repeated until the test proves satisfactory, without additional cost to the Resi- dent Engineer. Contract No. 4 5 0 61 Page 38 of CSI Specifications E. Field test and/or operational checks shall apply to the following: 1. Wires and Cables 2. Grounding 3.4 DEMONSTRATIONS A. All defective material and workmanship discovered as the result of tests required in other portions of these Specifications shall be corrected. B. It shall be shown by demonstration in service that all circuits and devices are in good operating condition. Tests shall be such that each item of control equipment shall be tested not less than five (5) times. 3.5 PROTECTION A. The Contractor shall protect all work, materials and equipment from damage, and shall provide adequate and proper storage facilities during the progress of the work. The Contractor shall provide for the safety and good condition of all work until final acceptance by the Resident Engineer, and shall replace all damaged or defective work, materials, and equipment before requesting final acceptance. B. The Contractor shall be held responsible for the protection and correction of the work of all trades from smears, splashes, stains or damages that might occur during the process of his work. END OF SECTION Contract No. 4 5 0 61 Page 39 of CSI Specifications SECTION 16120 WIRE AND CABLE (600 VOLTS AND BELOW) PART 1-GENERAL 1.1 DESCRIPTION A. This section specifies providing wire and cable. ' B. Requirements for single-conductor cables and for multiple-conductor cables as stated apply. C. Related Work Specified Elsewhere: 1. Basic Electrical Requirements: Section 16050. 2. Wiring accessories: Section 16130. 3. Grounding and Bonding: Section 16450. 1.2 QUALITY ASSURANCE A. Qualifications: Select a manufacturer who is engaged in production of similar wire and cable. B. Codes, Regulations, Reference Standards and Specifications: 1. Relevant Codes, Regulations and Reference Standards listed in specification Section 16050. C. Wires and Cables: UL-listed or labeled for its intended use. 1.3 SUBMITTALS Submit the following for approval In accordance with Section 16050 and with the additional requirements as specified for each: A. Submit manufacturer's data for approval on all proposed cable to be utilized on the project. B. Certification: 1. Certified flame-retardancy test reports and data for tests performed not more than 12 months prior to submittal, for materials, which are identical to those of cable, furnished. 2. Certified test reports demonstrating that cable complies with specified re- quirements and those of referenced ICEA Standards. 3. Certificates from manufacturers verifying that products conform to specified \^ requirements. Include certificate with submittal of shop drawings and with each cable shipment. Contract No. 4 5 0 61 Page 40 of CSI Specifications 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Mark each single-conductor cable and each multiple-conductor cable to show UL label, size, voltage, manufacturer and number of conductors or phases in accordance with NEC requirements. B. Ship each unit securely packaged and labeled for safe handling and shipment. C. Store products in a dry and secure facility. PART2-PRODUCTS 2.1 CONDUCTORS A. Wire and cable conductor sizes are designated by American Wire gauge (AWG). All conductors shall be copper without exception. B. Conductors shall be soft drawn annealed copper, ninety-eight (98%) percent conductivity, continuous from outlet-to-outlet, without welds, splices or joints. C. Minimum wire size shall be No.12 AWG in the lighting and power system. Minimum wire size for control circuits shall be No.14 AWG, stranded. D. All wiring regardless of size shall be stranded copper. E. Furnish and install the conductors for the various signal systems per the requirements of each of the applicable Sections. F. Acceptable Manufacturers: General Electric, Okonite, Southwire or an approved equal. 2.2 INSULATION A. All conductors supplied under the scope of this project shall be insulated for 600 volts minimum. Wires and cable shall meet the applicable requirements of NFPA 70 and UL 83 for the type of Insulation, jacket, and conductor specified or Indicated. Wires and cables manufactured more than 12 months prior to date of delivery to the site shall not be used. B. Branch circuit and feeder cables In all sizes shall have 'THHN" or 'THWN" insulation unless noted OthenA/ise. C. Type 'THHN" wire shall be used in all recessed fixtures, continuous fluorescent fixture wiring channels or other locations where subject to abnomially high temperature. D. 90°C Rate Type "XHHW" shall be used for feeders installed in areas of direct solar exposure. ^ Contract No. 45061 Page 41 of CSI Specifications 2.3 COLOR COORDINATION for All insulation in AWG sizes ten (10) and below shall be impregnated with color according to the following: 240/120 Volts Phase "A" Black Phase "B" Red Phase "C" Blue * Neutral * White Ground Green Isolated G Green w/Yellow Stripes Where individual neutral conductors are provided for each phase, the white or gray neutral shall have a color stripe matching its corresponding phase conductor color easy identification. B. Where color other than black is hot an integral part of the Insulation use 3M No. 35 tape of the same color code to Identify both ends of conductors No. 8 and larger. Use other colors as required to identify control or other special circuits. Ground conductor shall have green insulation for 1/0 and smaller conductors; green tapes on other col- ors of insulation are NOT acceptable. 2.4 BARE CONDUCTORS A. Annealed copper conductor 8 AWG and larger unless othenA/ise shown or specified and in accordance with ASTM B3 or B8. PARTS-EXECUTION 3.1 WIRE AND CABLE INSTALLATION A. Install cables as specified. B. Install single-conductor cables In conduit C. Install motor feeders, sen/ice connections and extensions in accordance with refer- enced codes. Install motor feeders in 18-inch minimum length liquid-tight flexible conduit at each motor conduit box. D. Use nylon straps to bundle and secure wire and cable located in panelboards, cabi- nets, switchboards, motor control centers and switchgear. E. No wires and cables shall be pulled until all work, which could cause damage to conductors, is completed. F. Blow out and swab conduits before installing conductors. Contract No. 4 5 o 61 Page 42 of CSI Specifications G. Care shall be exercised when installing wire in conduit so as not to damage the conductor insulation. Mechanical means of pulling shall not be used unless directed by the Resident Engineer. Oils, grease or any other damaging type of pulling com- pound shall be not used. To facilitate pulling cable, use Ideal Yellow #77 wire pulling compound or other lubricant recommended by cable manufacturer. H. Unless specifically shown othenA/ise, provide branch circuit feeder homeruns with not more than 2 phase conductors, one neutral conductor and one ground conductor In a single raceway. The use of gutters or junction boxes to gather several homeruns Into a large conduit will not be permitted. I. Wire In panels, cabinets, pull boxes and wiring gutters shall be neatly grouped and fanned out to the terminals. DO NOT use gutters of panelboards as raceways, junc- tion boxes or pull boxes for conductors not terminating in panelboards, junction box- es, etc., for future circuits or for wiring Installed by others. J. Feeders shall be run their entire length as continuous pieces without joints or splices. Joints and splices In branch circuits shall be permitted where circuits divide in junction boxes only. K. Provide all empty conduits with a nylon or polyester pull-line having a breaking strength of at least 200 Ibs. Leave 24 inches of spare at each end of the pull. L. Where shown or as necessary, install cable-seal fittings to prevent entry of water into electrical facilities. Where approved use seal compound. M. In damp and dusty indoor or outdoor locations, seal cable at conduit terminations using duct-sealing compound. N. No direct buried cable is permitted. 3.2 CONNECTORS A. Tools for installing compression connectors shall be made by or approved by the manufacturer of the connectors. Tools shall be hydraulically operated, requiring prop- er compression before release of the tool. Follow manufacturer's instructions for spacing and overiapping of compression areas. B. Branch circuit joints or splices shall be made electrically and mechanically secure with pressure connections, nylon insulators, wing nuts, or spring compression connectors, except that screw-on type connectors shall not be used for wire sizes larger than No. 10AWG. The splice area shall be taped to provide equal or greater insulation than the original. Tape run-back over the original insulation shall extend 3 to 5 overall diame- ters of the insulated wire. C. Soldering of connectors or the use of friction tape is prohibited. 3.3 CABLE TERMINATION A. Termination of insulated power and lighting cables shall be protected from accidental contact, deterioration of coverings and moisture by the use of terminating devices and 0 Contract No. 4 5 0 61 Page 43 of CSI Specifications materials. Install all terminations of insulated power and lighting cables In accordance with the manufacturer's requirements. Make terminations using materials and meth- ods indicated or specified herein or as designated by the written instmctions of the cable manufacturer. 3.4 TAGGING A. All branch circuits shall be left tagged in the panelboards and In all celling junction boxes for the purpose of identifying the various circuits. B. Feeders and mains shall be tagged in switchboards. C. The method of tagging shall be accomplished using non-metallic fibertDoard tags or plastic labels. Attach tags to cable with slip-free plastic lacing or nylon bundling straps. Use designation shown. D. Use of wrap around paper wire markers shall not be acceptable. 3.5 GROUNDING A. Provide an effective grounding connection at all panelboards, outlet boxes and junction boxes. Permanently ground conduit fixtures, motors and other equipment as required. 3.6 FIELD QUALITY CONTROL A. Furnish equipment required to perform tests. Prior to insulation and high-potential tests, disconnect instmments and equipment, which might be damaged during such tests. Conduct tests in presence of the Resident Engineer. B. Submit test procedure for approval and perform approved tests including, but not limited to, the following: 1. Single-conductor cable and multiple-conductor cable: a. Test continuity of cable conductors using ohmmeter. b. Proof-test insulation resistance to ground and between insulated con- ductors for minimum of one minute using 1,000-vott megger. Insula- tion resistance: 100,000 ohms minimum. c. When cable shows unsteady Insulation resistance of less than 100,000 ohms, perform high-potential test at 80 percent of factory ac test volt- age or as recommended by cable manufacturer. C. Submit certified test reports. END OF SECTION <9 Contract No. 4 5 0 61 Page 44 of CSI Specifications SECTION 161 SO WIRE CONNECTION ACCESSORIES PARTI-GENERAL 1.1 DESCRIPTION A. This section specifies wire-connection accessories, such as connectors, terminal lugs and fittings, bundling straps, insulating tape and resin. B. Related Work Specified Elsewhere: 1. Basic Electrical Requirements: Section 16050. 2. Wire and Cable (600 Volt and below): Section 16120. 1.2 QUALITY ASSURANCE A. Qualifications: Select a manufacturer who Is engaged in production of wire connec- tion accessories. B. Codes, regulations. Reference Standards and Specification. 1. Relevant Codes, Regulations and Reference Standards listed in Specification Section 16050. C. Source Quality Control: 1. Connectors, terminal lugs and fittings shall be UL-listed. 2. Factory testing: Submit certified copies of test reports for cable splices and tap insulation/sealing kits. 1.3 SUBMITTALS Submit the following for approval in accordance with Section 16050: A. Shop Drawings. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Ship each unit securely packaged and labeled for safe handling in shipment and to avoid damage. B. Store products in a secure and dry storage facility. PART 2-PRODUCTS 2.1 CONNECTORS TERMINAL LUGS AND FITTINGS A. All connectors shall be UL listed for the intended use. Contract No. 4 5 0 61 Page 45 of CSI Specifications B. For 10AWG and smaller conductor cables: Tin-plated copper pressure connectors With nonflammable, self-extinguishing insulation grip with temperature rating equal to that of conductor insulation. y H « ^' TnH M "^^^^^.u cables: Tin-plated copper compression connectors and terminal lugs with nylon insulating sleeve for insulation grip. D. For 250 kcmll and larger conductor cables: Long-barrel, double-compression tin- plated copper connectors and terminal lugs with two-hole pad. E. For multiple-conductor cables: Watertight aluminum fittings with stainless steel oK®^!l^''®,*u"^ compression cone for grounding the aluminum sheath of the cable. F. Splices in wire No. 10 and smaller shall be made with twist-on splicing connector or insulated pressure type connectors. Connections In wires No.8 and larger shall be made with compression-type and wrapped with insulating tape. Insulating tape shall be applied in a minimum of two layers of half-wrap built up to match the overall thick- ness of the cable insulation. G. Acceptable Manufacturer. Buchanan, Burndy, Ideal, Kearney, Thomas & Betts O-Z Gedney or approved equal. 2.2 BUNDLING STRAPS A. Self-locking type. B. For outdoor use: Ultraviolet-resistant 2.3. INSULATING TAPE ^' at zero deg%e F ^' "^'^^^'^ "^'^^ rubber-based pressure-sensitive adhesive, pliable B. Rubber tape: Silicone-mbber tape with silicone pressure-sensitive adhesive. C. Arcproof tape: Flexible and conformable organic fabric tape, coated one side with flame-retardant flexible elastomer, self-extinguishing and noncombustible. D. E. Glass tape: Woven-glass fabric tape with pressure-sensitive thermosetting adhesive. Acceptable Manufacturers: Minnesota Mining and Minerals Co. (3M) or an approved equal. ^'"^ SPUCEs"^^'^' ^^^'^^^ INSULATING AND MOISTURE SEALING CABLE 2.5 CABLE SPLICES AND TAP-INSULATION/SEALING KITS (FOR UNDERGROUND HANDHOLES, MANHOLES): SUITABLE FOR USE ON 600-VOLT CABL^^^ TE^^^^SUSENTS OF A^^^^ 'NSULATION AND JACKET, METING THE S^L Contract No. 45061 Page 46 of CSI Specifications V A Heat-shrinkable tubing or wraparound heat-shrinkable sleeve: UL-approved, flame- retardant, corrosion-resistant thick-wall tubing with factory-applied sealant for field in- stallation on in-line splices and taps to provide a watertight seal and insulating encap- sulation. PARTS-EXECUTION 3.1 SPLICES AND TERMINATIONS A. Make wire and cable splices in outtet, junction or pull boxes, in cable troughs or in equipment cabinets. Splices in conduit are prohibited. B. Secure connectors or terminal lugs to conductors so as to engage all strands equally. C. Do not rupture insulation nor expose bare conductors. D Install compression connectors and terminal lugs using tools and pressure recom- mended by manufacturer. Indent mark connectors and terminal lugs with number of die used for installation. E. Apply anticorrosion joint compound to connectors, terminal lugs and bolting pads before instailation. F. Install terminal fittings on multiple-conductor cable in accordance with manufacturer's recommendations. Completely seal cable from moisture. G On cable splices, taps and terminations in manholes handholes and outdoor junction and pull boxes, cover connectors with electrical putty, wrapped with three layers of plastic tape and a final layer of rubber tape and then install water-tight encapsulation as follows and under the supen/ision of the kit manufacturer's representative or using a factory-certified installation technician, proficient in field installation of heat- shrinkable sealing kits. 1. Use heat-shrinkable tubing for encapsulation of new splices, taps and termina- tions. END OF SECTION Contract No. 4 5 0 61 Page 47 of CSI Specifications SECTION 02517 PORTLAND CEMENT CONCRETE PAVING PART 1 - GENERAL 1.1. SECTION INCLUDES 1.1.1. Concrete paving and walkways. 1.2. RELATED SECTIONS 1.2.1. Section 03100- Concrete Formwork 1.2.2. Section 03200- Concrete Reinforcement 1.S. REFERENCES 1.3.1. Organization and Trade Standards 1.3.1.1. Standard Specifications for Public Works Construction, latest edition, as adopted by local jurisdictional authority, including amendments. 1.3.1.2. Local jurisdictional and agency engineering and public works regula- tions and standards. 1.3.1.3. Regional Standard Drawings, current edition, with all local agency amendments. 1.4. SUBMITTALS 1.4.1. Mix Design/Materials List 1.4.1.1. Submit concrete mix design prepared by a certified batch plant or la- boratory, selected by Contractor and acceptable to Owner, for review and approval. 1.4.1.2. Accompanying mix design, submit materials certificates signed by ma- terial producer and Contractor, certifying that each material Item com- plies with, or exceeds, specified requirements. 1.4.2. Mock-up 1.4.2.1. Prior to installing any concrete paving, construct, at an approved loca- tion on-site, an individual mock-up showing each concrete paving fin- ish specified and shown on drawings. Mock-up shall Include sealant joint preparation. Each finish shall be 5' x 5' minimum. Obtain Own- er's approval of mock-up. 1.4.2.2. All concrete paving shall match approved mock-up. 1.5. PUBLIC AGENCY STANDARDS Contract No. 45061 Page 48 of CSI Specifications 151 Perform all paving and related structures and devices indicated as public agency standards in accordance with the standard plans and specifications of that agen- cy. 15 2. Secure and pay for all necessary permits for work performed under conditions which exist in 1.5.1 above. The Owner will pay for associated inspection fees. 1 5.S. Upon completion of the wort^, provide the Owner with written certification of acceptance of work by the governing agency having jurisdiction. PART 2-PRODUCTS 1.6. DESIGN CRITERIA 1.6.1. General 1.6.1.1. All improvements shall be constructed per the referenced standards, the contract documents, and as specified in this section. 1.6.1.2. Where criteria shown on drawings or specified in this specification ex- ceed that of the referenced standards, the more stringent criteria shall apply. 1.7. CAST-IN-PLACE CONCRETE 1.7.1. General 1.7.1.1. All concrete shall be transit mixed, complying with ATSM 094. 1.7.1.2. All concrete shall be supplied from a single source, using a single ce- ment supplier. 1.7.1.3. All cement shall be portiand cement. Type II. low alkali per ASTM 0150, and produced within the United States. 1.7.2. Product Characteristics: Paving/flatwork/ramps/stairs: 1.7.2.1. Compressive Strength: 3250 psi. Strength selected for durability. Concrete Is non-structural, and does not require special inspection. 1.7.2.2. Combined Aggregate Grading: 1.7.2.2.1. Class C per Standard Specification Section 201 -1.3.2. 1.7.2.2.2. Aggregate shall be non-reactive per ASTM C 289, and shall comply with ASTM 033, Table 3, Class 4M. 1.7.2.3. Cement Content 560 pounds per cubic yard concrete 1.7.2.4. Slump: 4 inch maximum 1.7.2.5. Finish: 1.7.2.5.1. Paving Types: Broom finish or pebble finish per plans and to match existing patterns as shown on plans. Contract No. 4 5 0 61 Page 49 of CSI Specifications 1.7.2.6. Water-Cement Ratio: 0.55 maximum. 1.7.2.7. Integral Color Admixture: As indicated on paving details as shown on pians. 1.7.2.7.1. Paving Color: As indicated on plans. 1.7.3. Product Characteristics: 1.7.3.1. Compressive Strength: Per details shown on plans per paving type. 1.7.3.2. Combined Aggregate Grading: 1.7.3.2.1. Class C per Standard Specification Section 201 -1.3.2. 1.7.3.3. Cement Content: 520 pounds per cubic yard concrete 1.7.3.4. Slump: 4 inch maximum 1.7.3.5. Finish: As shown on plans.. 1.8. PAVING BASE 1.8.1. As shown on drawings. 1.9. REINFORCING STEEL 1.9.1. Deformed bar: Comply with Section 03200 and per Drawings. 1.9.2. Where deformed bar reinforcing not shown, provide Novomesh or approved equivalent per ASTM A-185. 1.9.3. Provide polyethelene closed end sleeve or approved alternate at expansion ioint dowels. 1.10. EXPANSION JOINT MATERIAL 1.10.1. As shown on drawings. 1.11. WEAKENED PLANE JOINTS AND SCORELINES 1.11.1. Saw- cut Sof-Cut, or tooled joint technique, with maximum tooled radius edge of 1/8". 1.11.2. No "zip-strip joint" products and technique permitted. 1.12. OTHER MATERIALS 1.12.1. Provide all other materials, not specifically described but required for complete and proper Installation of this work, as selected by the contractor and subject to the approval of the Owner. PARTS-EXECUTION 1.13. SURFACE CONDITIONS 9 Contract No. 45061 Page 50 of CSI Specifications 1.13.1. Inspection 1.1 S.1.1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work Is complete to the point where this installation may properiy commence. 1.1 S.1.2. Verify that concrete pavement may be installed in strict accordance with the original design, all pertinent codes and regulations, and all pertinent portions of the referenced standards. 1.1 S.1.3. In the event of discrepancy, immediately notify the Owner. 1.13.1.4. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 1.14. CONCRETE PAVING INSTALLATION 1.14.1. Preparation 1.14.1.1. Verify sub-grade, base material, and all other embedded items are properiy located In relation to concrete paving. Secure all embedded items against displacement during pour. 1.14.1.2. Verify all grades for pitch and fall prior to pouring pavements. 1.14.1.3. Notify owner 48 hours prior to placing concrete. Obtain inspectors ap- ^ provai of subgrade. forming and embedded items prior to placing. 1.14.2. Forming 1.14.2.1. Install forms in accordance with specified tolerances. 1.14.2.2. Stake rigidly in place at maximum intervals of 4 feet on center. Secure so as to prevent displacement during pouring and finishing process. 1.14.2.3. Install stretched wires or other device to provide form displacement in- dication. 1.14.2.4. Thoroughly clean forms, removing debris, coatings and foreign matter. Coat forms with approved bond breaker, suitable for use on integral colored concrete without staining or discoloration. Place sand bed over existing paving receiving new concrete paving. 1.14.3. Placement' 1.14.3.1. Prepare subgrade as specified. 1.14.3.1.1. Scarify subgrade to a depth of 12 inches. 1.14.3.1.2. Water, mix and aerate as necessary to moisture condi- tion within range of 1 percent below to 3 percent above optimum moisture content. Contract No. 4 5 0 61 Page 51 of CSI Specifications 1.14.3.1.3. Compact upper 12 inches to a minimum relative com- paction of 95 percent based on ASTM D 1557-91. 1.14.3.1.4. Dampen sub-grade 24 hours prior to placing concrete. 1.14.3.1.5. Dampen forms as required to tighten joints and cracks in forming material. 1.14.3.2. Install concrete paving per Section 303-5 of the "Standard Specifica- tions", as specified, and as shown on drawings. 1.14.3.3. Provide reinforcing in accordance as specified below: 1.14.3.3.1. Install deformed bar reinforcing on approved concrete or plastic supports. Extend reinforcing bar at expan- sion joints on each side of joint. Sleeve one side. 1.14.3.4. Broom Finish 1.14.3.4.1. Float and steel trowel surface to required slopes and planes. 1.14.3.4.2. Apply broom texture, transverse to direction of pedes- trian travel, and using a stiff wire or nylon bristle broom. Finish to match existing cart paths at golf course. 1.14.3.4.3. Obtain approval of finish texture by Owner for various applications. 1.15. JOINT TREATMENT 1.15.1. Provide expansion joints at locations shown on drawings, and as follows: 1.15.1.1. Tool all edges adjacent to expansion material with maximum 1/8 inch radius tool. 1.15.1.2. Provide construction joints only at expansion joints. 1.15.2. Provide control (weakened plane) joints at locations shown on drawings, and as follows: 1.15.2.1. Provide control (weakened plane) joints by saw cutting method, hand held jointing tools, or by use of SOF-CUT equipment. Use of zip-strip not acceptable. 1.15.2.2. Provide maximum 1/8 inch edge radius at all joints. Where saw-cut joint technique selected, grind cut edge to create 1/8 inch beveled edge. 1.15.2.3. Extend control joints a minimum of 1-1/4 inch below surface, or 1/4 the thickness of the curiD or pavement, whichever Is greatest. Provide hand-cutters, tooled joints or other approved tools for conditions where equipment cannot continue cutting to outside edge. Contract No. 4 5 0 61 Page 52 of CSI Specifications 1.15.2.4. Schedule cutting control joints as necessary to avoid raveling edge. but as necessary to avoid shrinkage cracking of pavement. • 1.16. CONCRETE CURING AND SEALING 1.16.1. General 1.16.1.1. Cure natural colored concrete with specified compound. Do not permit overspray onto color hardened concrete. 1.16.1.2. Provide wind barriers and other screening as necessary to avoid rapid drying. 1.17. FIELD QUALITY CONTROL 1.17.1. Flood Test 1.17.1.1. Provide flood test of paving as directed by Owner. 1.17.1.2. Where ponding occurs, or where drainage rate is less than that estab- lished by original design, replace all defective concrete. Remove con- crete to the nearest joint line. 1.17.2. Tolerances 1.17.2.1. Level: 3/16 inch plus or minus, at any point measured along a 10 foot straight edge. 1.17.2.2. Adjacent surfaces: 1/8 inch maximum difference at any point between adjacent concrete pours or between paving and adjacent paving mate- rials. 1.17.2.3. Joint Alignment: 1 /16 inch deviation from adjacent joint. 1.17.2.4. Line: 1/4 inch, plus or minus, deviation from a straight line in any 10 foot length, non-cumulative. 1.17.2.5. Final elevations shall comply with grades as shown on drawings, to a tolerance of plus or minus 0.25 inch. 1.17.2.6. Tolerances do not permit violation of dimensions or grade and slopes relationships required by code or jurisdictional authority. Adjust work as required to comply with such requirements. 1.17.3. Appearance: Remove and replace concrete not matching approved mock-up, concrete not complying with specified tolerances, and concrete with the following defects. 1.17.3.1.1. Inconsistent texture. 1.17.3.1.2. Irregular or misaligned direction of texture. 1.17.3.1.3. Concrete with spalled or raveled control or expansion "^^^ joints. Contract No. 4 5 0 61 Page 53 of CSI Specifications 1.17.3.1.4. Concrete exhibiting splotching or discoloration in sur- face including discoloration due to "cartDonatlon". 1.17.3.1.5. Concrete exhibiting cracking, including shrinkage cracking, where cracks are located between joint pat- tem. 1.17.3.2. Use of patching mortar for repair of edge defects Is subject to ac- ceptance of final color and texture by Architect. Use of patching mor- tar not acceptable for repair of defective exposed aggregate finished concrete. END OF SECTION Contract No. 4 5 0 61 Page 54 of CSI Specifications SECTION 03100 ^ CONCRETE FORMWORK 1. PART 1 - GENERAL 1.1. SECTION INCLUDES 1.1.1. Formwork for cast-in-place concrete 1.1.2. Form accessories. 1.2. RELATED SECTIONS 1.2.1. Section 02751 - Portland Cement Concrete Paving. 1.3. REFERENCES 1.3.1. ACI 347R - Guide to Formwork for Concrete. 1.3.2. PS-1 - Construction and Industrial Plywood. 1.4. DESIGN REQUIREMENTS 1.4.1. Design, engineer and construct formwork. shoring and bracing to conform to design and code requirements, with resultant concrete conforming to required shape, line and dimension. 1.5. QUALITY ASSURANCE 1.5.1. Perform Work in accordance with ACI 347R. 1.6. REGULATORY REQUIREMENTS 1.6.1. Conform to Uniform Building Code for design, fabrication, erection and removal of formwork. including Section 1906. 1.7. COORDINATION. 1.7.1. Coordinate this Section with other Sections of work which require attachment of components to formwork. 1.7.2. If formwork is placed after reinforcement resulting in insufficient concrete cover over reinforcement, request instructions from Architect before proceeding. 1.8. PRODUCT HANDLING 1.8.1. On delivery to Project Site, place materials In area protected from weather. 1.8.2. Store materials above ground on framework or blocking and cover with protective waterproof covering providing for adequate air circulation and ventilation. Handle materials to prevent damage. Contract No. 4 5 o 61 Page 55 of CSI Specifications 2. PART 2 - PRODUCTS 2.1. WOOD FORM MATERIALS 2.1.1. Formwork Re-Use Criteria 2.1.1.1. Provide ali new materials, except for factory fabricated reusable joist forms. 2.1.1.2. Materials may be reused during the progress of the work, provided sur- face finish, formwork quality and stmctural capability are maintained. 2.1.1.3. Completely clean and recondition all reused formwork materials. Re- coat for each reuse. 2.1.2. Softwood Plywood - Vertical and horizontal surfaces. 2.1.2.1. Grade Certification: APA Grade stamped, complying with PS-1. 2.1.2.2. Type: APA Plyform, Exterior Type. 2.1.2.3. Class/Face Veneer: Class I or II, B-B Veneer. 2.1.2.4. Panel Finish: Where concrete will be exposed to view in final project, with painted and non-painted finish, provide HDO resin fiber overiay. 2.1.3. Lumber: Provide Douglas Fir, standard or better grade. 2 inch nominal thickness, dressed S4S. 2.2. FORMWORK ACCESSORIES 2.2.1. Form Ties: 2.2.1.1. Concealed Condition: 2.2.1.1.1. Burke Penta-Tle or equal. Snap-off type, fixed length, cone type, 1 inch back break dimension, free of defects that could leave holes larger than one inch in concrete surface; provide flush plugs for cone holes. 2.2.1.1.2. Burke Taper ties or equal. 2.2.1.2. Exposed Condition: Snap-off type, fixed length, cone type. 1 inch back break dimension, free of defects that could leave holes larger than one inch in concrete surface; provide semi-recessed plugs for cone holes. 2.2.2. Form Release Agent: Cresset or equal, coloriess. water based material which will not stain concrete, or absoriD moisture, or impair natural bonding or color charac- teristics of coating Intended for use on concrete. 2.2.2.1. Select type suitable and appropriate for achieving CCS 2 surface at exposed concrete applications. 2.2.3. Corners: Chamfered, rigid plastic or wood strip type; 3/4 x 3/4 inch size; maximum possible lengths. Contract No. 4 5 0 61 Page 56 of CSI Specifications 2.2.4. Nails. Spikes. Lag Bolts, Through Bolts, Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing con- crete. ^ 2.2.5. Form Stakes: Steel bar stock, pre-drilled for nails. 2.3. OTHER MATERIALS 2.3.1. Provide all other materials, not specifically described but required for complete and proper installation of this work, as selected by the contractor and subject to the approval of the Architect. 3. PART 3 - EXECUTION 3.1. SURFACE CONDITIONS 3.1.1. Inspection 3.1.1.1. Prior to work of this section, carefully inspect previously installed work. Verify all such work is complete to the point where this installation may properly commence. 3.1.1.2. Verify that work of this section may be installed in strict accordance with the original design, all pertinent codes and regulations, and all pertinent portions of the referenced standards. 3.1.1.3. In the event of discrepancy, immediately notify the Owner. 3.1.1.4. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3.2. EARTH FORMS 3.2.1. Construct wood edge forms, as specified below, to extend not less than 2 inches below soil level. Do not permit stakes to extend into or through footing zone. Form all concrete without penetrating footing concrete. 3.2.2. Excavate as necessary to accommodate installation and removal of formwork. 3.2.2.1. Do not place concrete on mud or saturated soils. 3.3. ERECTION - FORMWORK 3.3.1. Erect formwork. shoring and bracing to achieve design requirements, in accord- ance with requirements of ACI 347R. 3.3.2. Formwork bracing and supports: 3.3.2.1. Provide bracing to ensure stability of formwork.. 3.3.3. Arrange and assemble formwork to permit dismantting and stripping. Do not damage concrete during stripping. Provide crush plates or other approved guards where stripping operation may damage concrete. Kerf wood inserts to permit easy removal. Contract No. 4 5 0 61 Page 57 of CSI Specifications 3.4. APPLICATION - FORM RELEASE AGENT 3.4.1. Apply form release agent on fonnwork in accordance with manufacturer's recom- mendations. 3.4.2. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. 3.4.3. Do not apply form release agent where concrete surfaces will receive special finishes or applied coverings which are effected by agent. Soak inside surfaces of untreated forms with clean water. Keep surfaces wet prior to placement of con- crete. 3.5. FORM CLEANING 3.5.1. Clean and remove foreign matter within forms as erection proceeds. 3.5.2. Clean formed cavities of debris prior to placing concrete. 3.5.3. Flush with water or use compressed air to remove remaining foreign matter. Ensure that water and debris drain to exterior through clean-out ports. 3.6. FORMWORK TOLERANCES 3.6.1. Construct formwork to maintain tolerances required by ACI 347R. 3.7. FIELD QUALITY CONTROL 3.7.1. Erected formwork. shoring, and bracing will be inspected under the provision of Section 01450 to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties, and items are secure. 3.7.2. Request inspection 48 hours prior to placing concrete. 3.7.3. Unless othenA/ise specified, do not reuse wood formwork for concrete surfaces to be exposed to view. Do not patch formwork. 3.7.4. Deformation of formwork under load causing finish surface to be out of line, level, or plumb will be cause for rejection of concrete and subsequent removal. 3.8. FORM REMOVAL 3.8.1. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and Imposed loads, and in accordance with the following: 3.8.2. Columns and Walls: Maintain forms for a minimum of 1 day. 3.8.3. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. 3.8.4. Store removed forms in manner that surfaces to be In contact with fresh concrete will not be damaged. Discard damaged forms. 3.8.5. Plug exposed snap tie holes as specified in Section 03310. Contract No. 4 5 0 61 Page 58 of CSI Specifications 3.8.6. Plug taper tie holes with approved cement grout. ^^^m^ 3.8.7. Grout concealed form holes as specified in Section 03310. 3.8.8. Remove and finish fiberglass form tie per manufacturers recommendations. END OF SECTION Contract No. 4 5 0 61 Page 59 of CSI Specifications SECTION 03200 CONCRETE REINFORCEMENT PART 1 - GENERAL 1.1. SECTION INCLUDES 1.1.1. Reinforcing steel bars, and accessories for cast-in-place concrete. 1.2. RELATED SECTIONS 1.2.1. Section 02751 - Portland Cement Concrete Paving. 1.3. REFERENCES 1.3.1. ACI 318 - Building Code Requirements For Structural Concrete. 1.3.2. ACI SP-66 - American Concrete Institute-Detailing Manual. 1.3.3. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement. 1.3.4. ASTM A706 - Low Alloy Steel Deformed and Plain Bars for Concrete Reinforce- ment. 1.3.5. CRSI - Concrete Reinforcing Steel Institute Manual of Practice. 1.3.6. CRSI - Placing Reinforcing Bars (5th ed.) 1.3.7. AWS Dl .4 Structural Welding Code - Reinforcing Steel. 1.4. SUBMITTALS 1.4.1. Submit under provisions of Section 01330. 1.4.2. Test Reports: Submit certified copies of mill test report of reinforcing steel analy- sis to testing laboratory, indicating products meet or exceed specified require- ments. Include grades, physical and chemical properties. 1.4.3. Where welding of reinforcing steel is required, submit mill reports indicating the chemical composition and the cariDon equivalent (C.E.). 1.5. QUALITY ASSURANCE 1.6. Perform Work in accordance with CRSI, ACI SP-66, and ACI 318 and applicable section of Chapter 19, Uniform Building Code. 1.7. QUALIFICATIONS 1.7.1. Manufacturer Contract No. 4 5 0 61 Page 60 of CSI Specifications 1.7.1.1. Manufacturer shall have produced the specified products for a period ^^m^ of five (5) years prior to beginning work of this section, and shall have the capability to produce the specified products to the delivery and quantity criteria of the project. 1.7.1.2. Unless noted othenA/ise. reinforcing steel may be of domestic or im- ported origin, subject to compliance with specified criteria. 1.7.2. Fabricator/Erector 1.7.2.1. For fabrication and Installation of work, use only personnel who are thoroughly trained and experienced in the skills required, have in- stalled similar applications of the specified products within one year prior to beginning work on this section, and who are completely familiar with the requirements of this work. 1.7.2.2. Fabricator shall be currently licensed and approved by jurisdictional authority as an approved fabricator of reinforcing steel. 1.8. COORDINATION 1.8.1. Coordinate with placement of formwork. formed openings and other Work. 1.9. PRODUCT HANDLING 1.9.1. Deliver reinforcement to the Project Site bundled, tagged and marked. Indicate on tags, bar size, lengths, and other information corresponding to markings shown on placement diagrams. 1.9.2. Store materials at the Project Site to prevent damage and accumulation of dirt and excessive rust. Store welding electrodes in accord with AWS Dl .4. PART2-PRODUCTS 1.10. REINFORCEMENT 1.10.1. Reinforcing Steel: 1.10.1.1. Non-Welded Systems: ASTM A615. deformed billet steel bars, plain finish. 1.10.1.1.1. Bar size #3:40 ksi yield grade. 1.10.1.2. Provide reinforcing steel complying with ASTM A 706, Grade 60, where shown. Dowels: Same as 2.1.1. 1.11. ACCESSORY MATERIALS 1.11.1. Tie Wire: Minimum 16 gage annealed type . 1.11.2. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions including load ^ bearing pad on bottom to prevent vapor retarder/barrier puncture. Contract No. 45061 Page 61 of CSI Specifications 1.11.3. Electrodes for welding ASTM A 615 reinforcing steel: Conform to requirements of Specifications for Low Alloy Steel Covered Arc-Welding Electrodes. AWS A5.5. E90XX Series, low hydrogen, having a minimum yield point of 90.000 psi. 1.11.4. Electrodes for welding ASTM A 706 reinforcing steel: Conform to requirements of Specifications for Low Alloy Steel Covered Arc-Welding Electrodes. AWS A5.5, E80XX Series, low hydrogen. 1.12. FABRICATION 1.12.1. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice. ACI SP-66. and ACI 318. 1.12.2. Do NOT bend or straighten bars in manner that will weaken or injure bar. Do not re-bend bars. 1.12.3. Do NOT use heat to bend bars. 1.12.4. Remove and replace reinforcement with following fabrication defects. 1.12.4.1. Bar lengths, depths and bends exceeding specified fabrication toler- ances. 1.12.4.2. Bends or kinks not shown on Drawings or final shop drawings. 1.12.4.3. Bars with reduced cross-section due to excessive rusting or other cause 1.12.5. Locate reinforcing splices as shown on Drawings. Obtain approval of Structural Engineer for splices not shown on drawings. 1.13. SOURCE QUALITY CONTROL AND TESTING 1.13.1. Provide for testing under the provisions of Section 01450. 1.13.1.1. Reinforcing Bars: Sections 1903.5.2 and 1906.5.3. Chapter 19, Uni- form Building Code. 1.13.1.2. Cost of testing for unidentified stock shall be reimbursed to the Owner by the Contractor. 1.13.2. Provide mill test certificates indicating the following information: 1.13.2.1. Steel Source and Description 1.13.2.2. Ultimate tensile strength. Bend test. Elongation percentage and Yield point. 1.13.2.3. Heat number and Chemical analysis. 1.13.3. Sample and test reinforcing for compliance with ASTM A 615 and ASTM A 706. 1.13.3.1. When materials are delivered with heat number and mill test, the Test- ing Laboratory shall make one series of tests (tensile and bend) for each 10.0 tons, or fraction, of each size and kind of reinforcing steel. Contract No. 4 5 0 61 Page 62 of CSI Specifications 1.13.3.2. When materiais cannot be identified, the Testing Laboratory shall make one series of tests (tensile and bend) for each 2.5 tons, or ^^3LC-[. tion, of each size and kind of reinforcing steel. 1.13.3.3. Payment for such testing will be borne by Contractor. 1.14. OTHER MATERIALS 1.14.1. Provide all other materials, not specifically described but required for complete and proper installation of this work, and subject to the approvai of the Architect. PART 3-EXECUTION 1.15. SURFACE CONDITIONS 1.15.1. Inspection - Prior to work of this section, carefully inspect previously installed work. Verify all such work is complete to the point where this installation may properiy commence. 1.15.2. Verify that work of this section may be installed in strict accordance with the original design, all pertinent codes and regulations, and all pertinent portions of the referenced standards. In the event of discrepancy, immediately notify the Owner. 1.15.3. Do not proceed with installation in areas of discrepancy until all such discrepan- cies have been fully resolved. 1.16. PLACEMENT 1.16.1. Place all concrete reinforcing in accordance with CRSI Manual of Practice and Section 1907, Chapter 19, Uniform Building Code. 1.16.2. Before placing, clean reinforcing of loose scale, rust. oil. dirt, and any coating adversely affecting concrete bond. 1.16.3. Place, support and secure reinforcement against displacement Do not deviate from required position. 1.16.4. Maintain concrete cover around reinforcing as indicated. 1.16.5. Do NOT bend or straighten bars after placement 1.16.6. Interrupt reinforcement at control, contraction, and expansion joints. 1.16.7. Place reinforcement to achieve slab and curb alignment as detailed. 1.16.8. Provide dowel joints at interruptions of concrete. 1.16.9. Comply with UBC Standard 19-2, Section 1903. Chapter 19. Uniform Building Code, and applicabie AWS standards at all welding of reinforcing bars. END OF SECTION Contract No. 4 5 o 61 Page 63 of CSI Specifications