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Superior Gunite Inc; 2012-06-18; PWS12-25UTIL
CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Corrugated Metal Pipe Replacement Program and La Costa Avenue Storm Drain Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 AND 6607 BID NO. PWS12-25UTIL Revised 06/10/09 Contract No. 6602 and 6607 Page 1 of 130 TABLE OF CONTENTS Item Page Notice Inviting Bids 8 Contractor's Proposal 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 21 Bidder's Statement of Technical Ability and Experience 22 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 23 Bidder's Statement Re Debarment 24 Bidder's Disclosure of Discipline Record 25 ^ Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 27 Contract Public Works 28 Labor and Materials Bond 34 Faithful PerformanceA/Varranty Bond 36 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 38 Revised 06/10/09 Contract No. 6602 and 6607 Page 2 of 130 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 41 1-2 Definitions 42 1-3 Abbreviations 46 1-4 Units of Measure 49 1- 5 Symbols 50 Section 2 Scope and Control of Work 2- 1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-6 Work to be Done 57 2-7 Subsurface Data 57 2-8 Right-of-Way 57 2-9 Surveying 57 2-10 Authority of Board and Engineer..... 61 2-11 Inspection 62 2- 12 ADA Requirements 62 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor... 62 3-2 Changes Initiated by the Agency 63 3-3 Extra Work 64 3-4 Changed Conditions 66 3- 5 Disputed Work 68 Section 4 Control of Materials 4- 1 Materials and Workmanship 71 4- 2 Materials Transportation, Handling and Storage 75 Section 5 Utilities 5- 1 Location 76 5-2 Protection 76 5-3 Removal 77 5-4 Relocation 77 5-5 Delays 78 5- 6 Cooperation 78 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 78 6-2 Prosecution of Work 83 6-3 Suspension of Work 83 6-4 Default by Contractor 84 6-5 Termination of Contract 84 6-6 Delays and Extensions of Time 85 6-7 Time of Completion... 86 6-8 Completion, Acceptance, and Warranty 86 6-9 Liquidated Damages 87 6-10 Use of Improvement during Construction 87 Revised 06/10/09 Contract No. 6602 and 6607 Page 3 of 130 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7- 14 Section 8 8- 1 Section 9 9- 1 9-2 9-3 9-4 Part 2 Responsibilities of the Contractor Contractor's Equipment and Facilities 87 Labor 87 Liability Insurance 88 Workers' Compensation Insurance 88 Permits 88 The Contractor's Representative 90 Cooperation and Collateral Work 90 Work Site Maintenance 90 Protection and Restoration of Existing Improvements 92 Public Convenience and Safety 93 Patent Fees or Royalties 100 Advertising 100 Laws to be Observed 100 Antitrust Claims 100 Facilities for Agency Personnel General 101 Measurement and Payment Measurement of Quantities for Unit Price Work 101 Lump Sum Work 101 Payment 101 Bid Items 105 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 5 OF THE SSPWC Construction Materials Section 200 Rock Materials 200- 1 Rock Products 109 Section 201 Concrete, Mortar and Related Materials 201- 1 Portland Cement Concrete 110 201-3 Expansion Joint Filler and Joint Sealants... 110 Section 213 Engineering Fabrics 213-2 Geotextiles 112 213-3 Erosion Control Specialties 112 Section 215 Fencing 215-1 Environmental Fencing 112 Part 3 Construction {Methods Section 300 Earthwork 300-1 Clearing and Grubbing 113 300-2 Unclassified Excavation 113 300- 13 Storm Water Pollution Prevention Plan 114 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301- 1 Subgrade Preparation 116 ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 4 of 130 Section 303 303-1 303-5 Section 306 306-5 Section 313 313-1 313-2 313-3 313-4 Concrete and Masonry Construction. Concrete Structures 116 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 116 Underground Conduit Construction Abandonment of Conduits and Structures 117 Temporary Traffic Control Devices Temporary Traffic Pavement Markers 118 Temporary Traffic Signing 119 Temporary Railing (Type K) and Crash Cushions 119 Measurement and Payment 120 Parts System Rehabilitation Section 500 500-1 Pipeline Pipeline Rehabilitation 121 Appendix A Washington Street Doorhanger Appendix B Badajoz Place Doorhanger Appendix C Elmwood Street Doorhanger Appendix D La Costa Avenue Doorhanger Appendix E Standard Plans Appendix F CEQA Compliance Appendix G CCTV Reports Appendix H Standard Form -Tier 1 Storm Water Pollution Prevention Plan Appendix I NTCD Right of Entry Permit Appendix J Locking Manhole Cover to be installed on La Costa Avenue ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 5 of 130 CITY OF CARLSBAD, ^ CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON MARCH 13, 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 sen/ice 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: Construction of 63 lineal feet of 36-inch cured-in-place liner, 278 lineal feet of 30 inch cured-in-place liner, 304 lineal feet of 18-inch cured-in- place liner, 61 Lineal feet of 12-inch cured-in-place liner, concrete headwall, catch basin, curb outlet, debris wall, installation of manhole locking device and reconstruction of existing concrete ditch. Corrugated Metal Pipe Replacement Program and La Costa Avenue Storm Drain Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 BID NO. PWS12-25UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2. 3 & 5. current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 06/10/09 Contract No. 6602 and 6607 Page 6 of 130 The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(s) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $235,000 (Two Hundred Thirty Five Thousand Dollars). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A - General Engineering ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 7 of 130 INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad resen/es the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. ^ UNIT PRICES AND COMPUTATION OF BIDS I All bids are to be computed on the basis of the given estimated quantities of work, as indicated In this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: ^ 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or i_ 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. ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 8 of 130 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-:Vll 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. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. ^ BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of V.-. Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2012-004, adopted on the 10*^day of January, 2012. February 1, 2012 Date TJeputy City Clerk Revised 06/10/09 Contract No. 6602 and 6607 Page 9 of 130 CITY OF CARLSBAD CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish ail labor, materials, equipment, transportation, and sen/ices required to do all the work to complete Contract No. 6602 and 6607 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Fioures) A-1 Mobilization (not to exceed 1 LS $_ $7,500) at (UnitPrice In Words) A-2 Traffic Control at 1 LS $ 3<PC?J^ QQc/^ (Unit Price in Words) A-3 Stomn Water Pollution 1 LS $_ Prevention Plan at (Unit Price in Words) -r ^ <^ ^ A-4 Construct 36-inch Cured-in 63 LF $ $ > (S) Place-Liner at j (Unit Price in Words) Revised 06/10/09 Contract No. 6602 and 6607 Page 10 of 130 Approximate w 't^m Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Construct 30-Inch Cured-in- 278 LF $ $ ^^l^ypo (S) place Liner at A A (Unit Price in Words) A-6 Construct 18-inch Cured-in 326 LF (S) Place-Liner at III. $^5^. (Unit Price in Words) A-7 Construct 12-inch Cured-in 61 LF (S) Place-Liner at . / A-10 Construct PCC Terrace Ditch 6 LF per SDRSD D-75 (transition from existing ditch to match 2 o*^ new Inlet opening) at f c*>*-« lie* (Unit Price in Words) A-12 Construct Debris Wall per 32 LF details on plan ^ ^ yf r)/i/^ kU^^^ (Unit Price in Words) V (Unit Price in Words) A-8 Construct Type B Headwall 1 EA per SDRSD D-33 at "^^K^^ fi*—^^^^ (Unit Price in Words) A-9 Construct Modified Type F 1 EA $ 2^ C oo $_I?_i_Ui per SDRSD D-7 at O (it, ^fs.-^^ (Unit Price in Words) (Unit Price In Words) A-11 Intentionally left blank NA $ NA $ NA Revised 06/10/09 Contract No. 6602 and 6607 Page 11 of 130 Approximate Item Quantity UnitPrice Total/^Ofnount No. Description And Unit (Rgures) (Figures) A-13 Install Manhole Locking 2EA $ /7 $ ^^oc^ Device per SDRSD M-4 at ^^^c=ysy (t/U—J).A^ (Unit Price in Words) A-14 Pre- and Post-Cleaning 1 LS $_^5j!ill_ $___^_^^^ /Construction CCTV Inspection and DVD at Ki t Arc (Unit Price in Words) A-15 NCTD Training and 1 LS $ ^^Ot/"' $ ^^cer^ Coordination at (Unit Price in Words) A-16 Point Repair or grout voids in 31 LF $__?_$il_ $ ^^Scf' 30 inch host pipe at y (Unit Price in Words) A-17 Point repair or grout voids in 30 LPS $_ (S) 18 inch host pipe at y (Unit Price In Words) A-18 Point repairs required as a LS $10,000 $10,000 (S) result of pipe cleaning per Section 3-3 "Extra Wori<" of the General Provisions stipulated at Ten thousand dollars (Unit Price in Words) (S)-Specialty Item not subject to fifty percent calculation (Section 2-3.1 of the General Provisions). Total amount of bid in words: --fhL^iJL^^ li^-t^^^^^ ^.j^^j.^^ rfv^^*^^ Total amount of bid in numbers: $ /^i, ^ 7 ^ j OPENED, WITNESSED AND REC( The basis of award will be the sum of Schedule *A". Price(s) given above are fimn for 90 days after date of bid opening! ^ATE SIGNATU Revised 06/10/09 Contract No. 6602 and 6607 Page 12 of 130 Addendum(a) No(s). / ~^ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carisbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of Califdrnia, validly licensed under license number 3^003^ classification ff^ which expires on '^('^K \i3 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall b^ invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properiy licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carisbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fak-apd without collusion or fraud. Accompanying this proposal is \ >^g>WQ (Cash, Certified Che6<:, Bond or Cashier's Check) for ten percent (10%) of the amount bid. ^*^= ' The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. K Revised 06/10/09 Contract No. 6602 and 6607 Page 13 of 130 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name underwhich 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 ; IF A PARTNERSHIP. SIGN HERE: (1) Name underwhich business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail Revised 06/10/09 Contract No. 6602 and 6607 Page 14 of 130 Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs - Contractors State License Board Contractor's License Detail - License # 370034 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 370034 Extract Date 3/27/2012 SUPERIOR GUNITE 12306 VAN NUYS BLVD LAKEVIEW TERRACE, CA 91342 Business Phone Number:(818) 896-9199 Corporation 03/07/1979 03/31/2013 ACTIVE This iicense is current and active. All information below should be reviewed. CLASS C31 D06 C53 A B DESCRIPTION CONSTRUCTION ZONE TRAFFIC CONTROL CONCRETE RELATED SERVICES SWIMMING POOL GENERAL ENGINEERING CONTRACTOR GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 6477220 in the amount of $12,500 with the bonding company SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) FEDERICO ANTHONY LAWRENCE certified that he/she owns 10 percent or more of the voting stock/equity of the corporafion. A bond of qualifying individual is not required. https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=37... 3/27/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 Effective Date: 09/26/2000 BQI's Bonding History This license has workers compensation insurance with the ZURICH AMERICAN INSURANCE COMPANY Policy Number:WC654236502 Workers" Compensation Effective Date: 05/31/2011 Expire Date: 05/31/2012 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use j Privacy Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx7LicNum-37... 3/27/2012 ^ IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name underwhich business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 14 of 130 IF A CORPORATION. SIGN HERE: A (1) Name under which business is conducted <yl/^ ^'S^^K (2). (Signature) . (Title) Impress Corporate Seal here CA (3) Incorporated under the laws of the State of ^ ' f2-aoa /ut^YS /^ccy^, (4) Place of Business C t^tCc—t j I c/x^ r^/g^^z-tt-c, (Street and Number) City and State C/^ (5) Zip Code ^/^^-u. Telephone No. L» ( S ^ (6) E-Mail ^-^n^v c NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 06/10/09 Contract No. 6602 and 6607 Page 15 of 130 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: n. ift>. ¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 16 of 130 BID SECURITY FORM (Check to Accompany Bid) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (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 Perfonnance, Wanranty and Payment Bonds and proof of insurance coverage within the stipulated time; othenA/ise, 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 OthenA/ise 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 fonn on the following pages shall be executed~the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 17 of 130 BIDDER'S BOND TO ACCOMPANY PROPOSAL CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 KNOW ALL PERSONS BY THESE PRESENTS: That we, as Principal, and in an amount as follows: for which as Surety are held and firmly bound unto the City of Carlsbad, California, (must be at least ten percent (10%) of the bid amount) / payment, well and truly made, we bind ourselves, our heirs,/Executors and administrators, successors or assigns, jointly and severally, firmly by these preser THE CONDITION OF THE FOREGOING OBLIGATION IS SI bounden Principal for: ;H that if the proposal of the above- CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIhmEPLACEMENT PROGRAM (Washington Street, Badajoz place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 in the City of Carlsbad, is accepted by the^City Council, and if the Principal shall duly enter into and execute a Contract including required bojnds and insurance policies within twenty (20) days from the date of award of Contract by the City/Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; othenA/ise, it shall be and remain in full force and effect, and the amount specifi^ herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal Contract No. 6602 and 6607 Page 18 of 130 Revised 06/10/09 BIDDER'S BOND TO ACCOMPANY PROPOSAL CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 KNOW ALL PERSONS BY THESE PRESENTS: Superior Gunite Travelers Casualty and Surety Company as Principal, and of. America That we, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten percent of the Bid Amount which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that If the proposal of the above- bounden Principal for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 In the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carisbad, being duly notified of said award, then this obligation shall become null and void; othenA/ise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal Contract No. 6602 and 6607 Page 18 of 130 Revised 06/10/09 shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this e^Tl^A , day of ^^^^^ .,20, PRINCIPAL Superior Gunite (name^ Principal) By: (sWhere) ^ (print name Here) ^Ign here) _ (print name here) (title and organization of signatory) \ 12 2nd Executed by SURETY this March •'-^ day SURETY: Travelers Casualty and Surety Company of America (name of Surety) 21688 Gateway Center Drive, Diamond Bar, CA 91765 (address of Surety) 909 612-3674 (telephone number of Sjacgty) By/ orne^in-^acO^ Lisa L. Thornton (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the cprporation 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 06/10/09 Contract No. 6602 and 6607 Page 19 of 130 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I - 1 I State of GalifopiHa I I i I I i County On before mec Date personally appeared CONNIE R. DRAPER Commission # 1881876 Notary Public - California IXSSaZ/ Angaias County | who proved to me on the basis of satisfactory evidence to be the persoft(s)-whose name^ is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i©s), and that by his/heniti^ signature's)- on the instrument the persor^9)ror the entity upon behalf of which the personfs) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Place Notary Seal and/or Stamp Above Slgna OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attach Title or Type of Document Document Date: /} \^^A^^j/^^^^j^ \jl/j^UyZjJ^ Signer(s) Other Than Named Above Capacity(ies)>t9almej^ by S[gnf r(s) Signer's Na ^^IZ^orporate Officer — T\t\e{s)^^^ Number of Pages r's Name: • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Cbcporate Officer — Title(s): • Indivic • Partner — uisunited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2008 National Notary 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Gall Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss ) On JUNE 4. 2012 . before me, STACY L. SULLIVAN. Notary Public, personally appeared DAVID BOWERS, who proved to me on the basis of satisfactory evidence to be the person(^ whose name^ is/a)^subscribed to the within instrument and acknowledged to me that he/s^xh^ executed the same in his/li^/tl\^r authorized capacityfi^, and that by his/lT^/t)t^r signature(^on the instrument the person(V<^or the entity upon behalf of which the personl^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature: STACY L SULLIVAN, Notary Public * • • STACY L. SULLIVAN P Commission # 1890818 t Notary Public - California 1 J ^^^famet^ Angeles County g ^^'^^^ My Comm. Expires May 24, 2014 L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles onHAR 02 20^^ Lisa L. Thornton ) ss ) before me, Noemi Quiroz. Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person^s) whose name(*) iST^afe subscribed to the within instrument and acknowledged to me that l^she/thoy executed the same in Ms/her/thoir authorized capacity^+es), and that by Iws/her/thoir signature^*) on the instrument the person^s), or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature NOEMI QUIROZ Commission # 1940525 ^ Notary Public - Calltornia z Los Angeles County ^ TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company ofAmerica United States Fidelity and Guaranty Company Attorney-In Fact No. 223729 Certificate No. 004503701 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint E. S. Albrecht, C. K. Nakamura, Noemi Quiroz, Lisa L. Thornton, and IVIaria Pena of the City of Los Angeles State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of "guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. N WITNESS WHEREOF, the 'day of September Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 2011 1st Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. On this the 1st davof September 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal, y Commission expires the 30th day of June, 2016. ^ Marie C. Tetreault, Notary Public 58440-6-11 Printed In U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vic. President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Siu-ety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tme and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. MAR 0 8 2012 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this. . day of. 20 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service In or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information 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 clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/09 Contract No. 6602 and 6607 Page 20 of 130 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) ft* CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Works SuBcbntractbr Nameand ocation of Busine^ Subcontractor's License No. and Lssificatioi Page of pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 06/10/09 Contract No. 6602 and 6607 Page 21 of 130 BIDDER'S STATEMENT OF - TECHNICAL ABILITY AND EXPERIENCE / (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Revised 06/10/09 Contract No. 6602 and 6607 Page 22 of 130 SUPERIOR GUNITE • ENGINEERING CONSTRUCTION 12306 VAN NUYS BOULEVARD lAKEVIEW TERRACE, CALIFORNIA 91342 J18) 896-9199 • (323)877-4861 FAX: (818)896-6699 March 27, 2012 RE: Contract No 6602 + 6607 / Bid # PWS12-25util Dear Sirs: Superior Gunite has been a responsible and successful contractor with an A license in good standing in California for over 50 years. Superior Gunite has never failed to complete any project in its history. This is in large part due to the commitment and high caliber of people working In and with our company. Many of our employees have long standing careers exceeding 20 - 30 years for completion of many diverse and challenging projects including sewer and / or combined sewer rehabilitation throughout North America. Len Nicholls our Division Manager for pipe rehabilitation has been involved in the engineering and construction industry for over 40 years with substantial experience in utility construction including large diameter pipe installations exceeding 30 ft deep, submerged pipe crossings, both tunnel and pipe boring installations. For completion of your project we have a complete and very experienced Team consisting of Kevan Taylor - Project Manager with in excess of 30 years of pipe line and pipeline rehabilitation both overseas and in North America. His extensive resume and sample projects are herein attached which highlights various senior positions with pipe rehabilitation companies, holds patents, has pioneered and is considered an industry expert in trenchless technology including previous UV Cure experience. He currently holds the record for the largest and deepest CIPP single shot liner in the world (2320 LF of 72" diameter - 42mm thick). Kevan will be onsite during this installation. LightStream Liner LP , formally International Pipelining Technologies, has more than 300,000 LF of successfully completed UV cured pipe liner installations throughout North America and recently several installations overseas ( see attached). Rene Quitter, is their senior Technology Director and is a pioneer in the UV Cure industry for over 20 years. Superior Gunite has formed an alliance with LightStream for this project and Rene will be the Technical Director onsite during this installation to oversee, advise and ensure successful installation. Yokfrs Truly Len Nicholls CONTRACTOR'S LICENSE # 370034 www.SHOTCRETE.com CURED-IN-PLACE PIPE PRODUCT INFORMATION (ULTRAVIOLET LIGHT CURED) Information on LightStream, L.P. Mailing Address: Contact Person: Telephone No.: Years in Business Product Name 1222 Innovative Drive, Suite 110 San Diego , CA 92154 Richard "Monte" Montemarano 619-671-0445x102 StreamLinerUV Total Amount Installed 300,000 LF + CURED-IN-PLACE PIPE (ULTRAVIOLET LIGHT CURED) STREAMLINERUV - MANUFACTURED BY LIGHTSTREAM PROJECT 1 PROJECT 2 Proiect Name: Pipeline Rehabilitation - Phase D1 Pipeline Rehabilitation - Phase 01 i Contractor International Pipe Lining, Inc Erreca's Inc. Contact Person: Joerg Kruse Josh Bidwell Telephone Number: (858) 232-9265 (619) 922-8572 Liner Ship Date: Nov-08 Nov-08 Owner: City of San Diego - Metropolitan Wastewater City of San Diego - Metropolitan Wastewater Owner Address: 9192 Topaz Way, San Diego CA 92123 9192 Topaz Way, San Diego CA 92123 Contact Person: Craig Whittemore Craig Whittemore Telephone Number: 858-292-6471 858-292-6471 Host Pipe Diameter Length in Feet Length in Feet 6" 3900 8" 7000 50137 10" 5601 12" 385 15" 135 18" 160 21" 24" 60 27" 30" 32" 36" 42" 48" Total Length of CIPP Lining Installed Under Project (linear feet) 10,900 56,478 Grand Total 145,233 PROJECT 3 PROJECT 4 Camp Pendleton, CA City of Pacifica, CA International Pipe Liner/Gold Coast Rehab Dexal Construction Joerg Kruse Dennis Moneymaker (858) 232-9265 (707) 688-5522 Dec-08 Jun-10 CDM Engineering City of Pacifica, CA Carlsbad, CA Pacifica, CA Randell Redmann Brian Martinez (562) 244-6750 (650) 922-4072 Length Length 1111 29816 5273 4677 2358 5832 1598 1837 5004 260 220 49,026 8,960 PROJECT 5 PROJECT 6 City of Homer, AK City of Cincinnati Construction Unlimited Fiynn Construction Richard Herring Joh Flynn III (907) 250-4524 502 664-7508 Mar-11 Nov-10 City of Homer, AK City of Cincinnati Homer, AK Cincinnati, OH Carey Meyer Laurie Baarlaer 907-399-7232 513.352.4946 Length Length 6931 3987 1196 10,918 1,196 ( PROJECT 7 PROJECT 8 City of Rovina, AK City of Portsmouth Construction Unlimited WB&E Construction Richard Herring Bill Witt (907) 250-4524 (757) 434-3857 Nov-10 Sep-10 Rovina, AK City of Portsmouth StephI Engineering Unknown Brian Gastrock Unknown 907-562-1464 Length Length 1242 1228 441 3550 102 368 3,550 3,381 (1 PROJECT 9 PROJECT 10 Citv of Willminqton Duke Energy The Avreet Company The Avreet Company Dave Avrett Dave Avrett (706) 533-1508 (706) 533-1508 Sep-10 Sep-10 City of Willmington Duke Energy Unknown Unknown Unknown Unknown Length Length 663 161 663 161 ( Rene Quitter PROJECT 1 PROJECT 2 Proiect Name: Camp Pendleton, CA City of Pacifica, CA Contractor International Pipe Liner/Gold Coast Rehab Dexal Construction Contact Person: Joerg Kruse Dennis Moneymaker Telephone Number: (858) 232-9265 (707) 688-5522 Liner Ship Date: Dec-08 Jun-10 Owner: CDM Engineering City of Pacifica, CA Owner Address: Carlsbad, CA Pacifica, CA Contact Person: Randell Redmann Brian Martinez Telephone Number: (562) 244-6750 (650) 922-4072 Host Pipe Diameter Length Length 6" 1111 8" 29816 10" 5273 12" 4677 2358 15" 5832 1598 18" 1837 5004 21" 260 24" 220 27" 30" 32" 36" 42" 48" Total Length of CIPP Lining 8,960 Installed Under Project 49,026 8,960 (linear feet) Grand Total 77,192 ( PROJECT 3 PROJECT 4 City of Homer, AK City of Cincinnati Construction Unlimited Flynn Construction Richard Herring Joh Flynn III (907) 250-4524 502 664-7508 .i L — — Mar-11 Nov-10 Citv of Homer, AK City of Cincinnati — — Homer, AK Cincinnati, OH Carey Meyer Laurie Baarlaer 907-399-7232 513.352.4946 Length Length 6931 3987 1196 10,918 1,196 PROJECT 5 PROJECT 6 City of Rovina, AK City of Portsmouth Construction Unlimited WB&E Construction Richard Herring Bill Witt (907) 250-4524 (757) 434-3857 Nov-10 Sep-10 Rovina, AK City of Portsmouth StephI Engineering Unknown Brian Gastrock Unknown 907-562-1464 Length Length 1242 1228 441 3550 102 368 3,550 3,381 C 0 CD CD o UJ —) o cc CL (D c UJ Q c Q. E o O -I—» 0) 0) > < 0) 0) > < > CO Q 00 o LO CO CO in CD o (D CO i— (D C UJ (D Q c o c c 3 c o c c BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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: Comprehensive General Liability Automobile Liability ^ Workers Compensation ^ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover 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 06/10/09 Contract No. 6602 and 6607 Page 23 of 130 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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 debarments. party debarred party deban'ed agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) By:. (sign here) (print name/title) Page of pages of this Re Debarment fomi ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 24 of 130 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/4/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 333 South Hope Street, Suite 3750 Los Angeles CA 90071 CONTACT NAME: PRODUCER Alliant Insurance Services, Inc. 333 South Hope Street, Suite 3750 Los Angeles CA 90071 PHONE r..r> A An nAAn ^^X (A/C. No. Ext):213-443-2440 (A/C. NO): PRODUCER Alliant Insurance Services, Inc. 333 South Hope Street, Suite 3750 Los Angeles CA 90071 E-MAIL ADDRESS: PRODUCER Alliant Insurance Services, Inc. 333 South Hope Street, Suite 3750 Los Angeles CA 90071 INSURER(S) AFFORDING COVERAGE NAIC» PRODUCER Alliant Insurance Services, Inc. 333 South Hope Street, Suite 3750 Los Angeles CA 90071 INSURER A Zurich American Insurance Comp 16535 INSURED Superior Gunite, Inc. 12306 Van Nuys Blvd Lakeview Terrace, CA 91342 INSURER B American Zurich Insurance Co 40142 INSURED Superior Gunite, Inc. 12306 Van Nuys Blvd Lakeview Terrace, CA 91342 INSURER C INSURED Superior Gunite, Inc. 12306 Van Nuys Blvd Lakeview Terrace, CA 91342 INSURER 0 INSURED Superior Gunite, Inc. 12306 Van Nuys Blvd Lakeview Terrace, CA 91342 INSURER E INSURED Superior Gunite, Inc. 12306 Van Nuys Blvd Lakeview Terrace, CA 91342 INSURER F COVERAGES CERTIFICATE NUMBER: 1993851135 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) GENERAL LIABILITY GLO654236301 5/31/2012 5/31/2013 EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY CLAIMS-MADE DAMAGE TO RENTED PREMISES (Ea occurrence) OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY |X I ^f^^i |X I PRODUCTS - COMP/OP AGG $2,000,000 $1,000,000 $10,000 $2,000,000 $4.000,000 $4,000,000 AUTOMOBILE LIABILITY BAP654236201 5/31/2012 5/31/2013 ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $2,000,000 UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below \/VC654236503-Except Wl 5/31/2012 5/31/2013 WC STATU-TORY LIMITS OTH-_EB_ • N/A E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remarks Schedule, if more space is required) The City of Carlsbad, officials, employees and volunteers are included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf of the Named Insured as required by written contract. The insurance provided shall be primary and any other insurance maintained by the Additional Insured is excess and non-contributory. Waiver of Subrogation applies as required by written contract. Thirty (30) Days Notice of Cancellation / Non-Renewal - Ten (10) Days Notice For Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Dept. 1635 Faraday Ave. Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem. GLO 6542363-01 5/31/12 5/31/13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Named Insured: Tutor Perini Corporation and related entities Address (Including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II - Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily Injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property %M»r Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your wori<" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above; 1. We will not extend any insurance coverage to any additional Insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement, D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including; 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. Includes copyrighted material of Insurance Services Office, Inc., with its pennlsslon. U-GL-1175-DCW (10/11) Page 1 of 2 E. The additional insured must see lo it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section iV - Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named insured. 2. The following paragraph Is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-OCW (10/11) Page 2 Of 2 Includes copyrighted material of Insurance Services Office, Inc.. with Its pemnission. BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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 refen-ed to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? 4^ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 25 of 130 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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: ^^^^^^^/^^tc^/vv> CtL^tuX'^*^^ (signJiere) int* name/title) (print^ name/title) Page of pages of this Disclosure of Discipline form '4^ Revised 06/10/09 Contract No. 6602 and 6607 Page 26 of 130 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 State of California County of ) ) ss. (Name of Bidder)^ and says that he or she is. being first duly swom, deposes of (Title) (Name of Finn) the party making the foregoing^bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is w genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalt executed on the 2^ ^jury that the for day of oing is true and correct and that this affldavit was '-^^^-^ ^ 20/£r Signature of Bidder Subscribed and sworn to before me on the 1 ^<^. day of Jfhj^jA CONNIE R. DRAPER Commistion # 1881876 Notary PuMic-Caiifornia Lot Angafti County ^ Jj^ComijjJjjjfiiMft^^ , 20/^ (NOTARY SEAL) ^•f^ Revised 06/10/09 Signature of Notary Contract No. 6602 and 6607 Page 27 of 130 CONTRACT PUBLIC WORKS day of lied "City"), business This agreement is made this by and between the City of Carlsbad, California, a municipal corporation, (hereinafter and whose principal pla is ; (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specifiedJi^ the Contract documents for: CORRUGATED METAL PIPE REPLACEMENT PRbGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storma)rains) CONTRACT NO. 6602 an/6607 (hereinafter called "project") 2. Provisions of Labor and Materials. CoFi(ractor shall provide all labor, materials, tools, equipment, and personnel to perform the work sp^ified by the Contract Documents. 3. Contract Documents. The Contrac^Documents consist of this Contract, Notice inviting Bids, Contractor's Proposal, Bidder's Bond/Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Biddei/S Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications,/(ne 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 ipe Plans and Specifications, and all bonds for the project; all of which are incorporated herein by^mis reference. Contractor, her/his subcontr^ors, and materials suppliers shall provide and install the work as indicated, specified, and imiied by the Contract Documents. Any items of work not indicated or specified, but which are e^ential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpFeter of the intent of the Contract Documents, and the City's decision relative to said intent will be f\ji(a\ and binding. Failure of the Contractor to apprise subcontractors and materials iUnnl'T^ ihic.rv4d^nn of the Contract will not relieve responsibility of compliance. «^ }t!^ 1 compensation for Contractor's perfonnance of work under this Contract, City vnuo- M^§^ ^^^^^^^1^^ Contractor per section 9-3 PAYMENT of the General Provisions section i^rps jofethiyflraj^y^^T^^inaineer will close the estimate of wori< completed for progress payments on ^ fhe lasjPwdrRirig day of each month. The City shall withhold retention as required by Public Contract Code^Section 9203. Revised 06/10/09 Contract No. 6602 and 6607 Page 28 of 130 ^CARLSBAD Contract Administration www.carlsbadca.gov March 8, 2012 ADDENDUM NO. 1 RE: Corrugated Metal Pipe Replacement Program and La Costa Avenue Storm Drain Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) BID NO. PWS12-25UTIL, CONTRACT NO. 6602, 6607 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. DAViS'"'^ Sr. Contract Administrator Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 *^ 0 CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 BIDNO.PWS12-25UTIL Addendum No. 1 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760)602-8562 Email: Sherri.Howard@carlsbadca.gov No. of Pages: 04 (including this page) Date: March 7, 2012 Bid Opening Date: March 13, 2012 2:00 pm (unchanged) RESPONSE TO BIDDERS INQUIRIES Question #1: It appears that the bid Item A-7 should read: Construct 12-inch Cured-in Place- Liner vs. 18-inch? On Sheet 4, (Elmwood Street) the CIPP call out is for 61LF of 12" CMP. However the Bid Sheet calls out for 61 LF of 18-inch dia. Response: A revised bid sheet has been issued. Question #2: Per section 2-3.2, will the City consider making the lining bid items Specialty work? Response: Yes. Question #3: Just want to confirm bid item #13 is to break out the existing tops and recast a locking frame and lid. Response: Yes:. CONTRACTORS PROPOSAL Delete Sheet 10 to 12 of 130 and replace with the revised Sheet 10 to 12 of 130. Bid item A-7 pipe size has been decreased. Bid Item A-11 has been eliminated Bid items A-4, A-5, A-6, A-7, A-16, A-17 and A-18 have been designated Specialty Items. GENERAL PROVISIONS Page 107 of 130 Paragraph 5. Delete Paragraph 5. PLANS 1. DWG 463-78 sheet 3 of 4 - delete Construction Note 6 and detail on plan view. Contract No. 6602 and 6607/Bid No. PWS12-25 UTIL Addendum No. 1 CITY OF CARLSBAD CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6602 and 6607 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" Item No. Description A-1 Mobilization $7,500) at (not to exceed Approximate Quantity And Unit 1 LS Unit Price (Figures) $_ Total Amount (Fioures) $_ (Unit Price in Words) A-2 Traffic Control at 1 LS $_ (Unit Price in Words) A-3 Storm Water Pollution Prevention Plan at 1 LS $_ $_ (Unit Price in Words) A-4 Construct 36-inch Cured-in 63 LF (8) Place-Liner at (Unit Price in Words) 1 Revised 06/10/09 Contract No. 6602 and 6607 Page 10 of 130 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Construct 30-Inch Cured-in- 278 LF $ $ (S) place Liner at (Unit Price in Words) A-7 Construct 12-inch Cured-in 61 LF (8) Place-Liner at (Unit Price in Words) A-8 Construct Type B Headwall 1 EA per SDRSD D-33 at (Unit Price in Words) A-9 Construct Modified Type F 1 EA $. per SDRSD D-7 at (Unit Price in Words) A-10 Construct PCC Terrace Ditch 6 LF per SDRSD D-75 (transition from existing ditch to match new inlet opening) at (Unit Price in Words) A-12 Construct Debris Wall per 32 LF $_ details on plan at (Unit Price in Words) A-6 Construct 18-inch Cured-in 326 LF $ $. (8) Place-Liner at (Unit Price in Words) A-11 Intentionally left blank NA $ NA $ NA (Unit Price in Words) Revised 06/10/09 Contract No. 6602 and 6607 Page 11 of 130 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-13 Install Manhole Locking 2 EA $ $ Device per SDRSD M-4 at (Unit Price in Words) A-14 Pre- and Post-Cleaning 1 LS $ $. /Construction CCTV Inspection and DVD at (Unit Price in Words) A-15 NCTD Training and 1 LS $ $. Coordination at (Unit Price in Words) A-16 Point Repair or grout voids in 31 LF $ $. 30 inch host pipe at (Unit Price in Words) A-17 Point repair or grout voids in 30 LFS $ $. (8) 18 inch host pipe at (Unit Price in Words) A-18 Point repairs required as a LS $10,000 $10,000 (8) result of pipe cleaning per Section 3-3 "Extra Work" of the General Provisions stipulated at Ten thousand dollars (Unit Price in Words) (S)-8pecialty Item not subject to fifty percent calculation (Section 2-3.1 of the General Provisions). Total amount of bid in words: ' Total amount of bid in numbers: $_ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Revised 06/10/09 Contract No. 6602 and 6607 Page 12 of 130 4 CITY OF , ^ CARLSBAD * " Contract Administration wwwxarlsbadca.gov March 9, 2012 ADDENDUM NO. 2 RE: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (WASHINGTON STREET, BADAJOZ PLACE, ELMWOOD STREET AND LA COSTA AVENUE [2524] STORM DRAINS) CONTRACT NO. 6602 AND 6607, BID NO. PWS12-25UTIL Please include this addendum in the Request for Bid package you have for the above project: Please note change in due date for the above-mentioned bid. New date for bid opening is: March 27, 2012 Time remains the same: 2:00 p.m. This page—receipt acknowledged—must be attached to your bid when it is submitted. KEVIN L. DAVIS Sr. Contract Administrator CEIPT OF ADDENDUM NO. 2 Signature 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 ® CITY OF CARLSBAD Corrugated Metal Pipe Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 BID NO. PWS12-25UTIL Addendum No. 2 From: Sherri Howard. Project Manager Phone: (760)602-2756 Fax: (760) 602-8562 Email: Sherri.Howard(gcarlsbadca.gov No. of Pages: 03 (including this page) Date: March 9, 2012 Bid Opening Date: March 27, 2012 2:00 pm (new date) RESPONSE TO BIDDERS INQUIRIES Question #1: Witliin the specifications you request tiie contractor to obtain railroad insurance permit at $10,000,000 per occurrence. Industry standard and al! insurance companies will provide is $5,000,000 per occurrence. Is it acceptable to provide a railroad permit for $5,000,000 per occurrence ratiier tiian tiie $10,000,000 witliin tiie specs? Response: Yes, per attached email response. Notice Inviting Bids Change the bid opening to March 27, 2012: Replace line 1 Page 6 of 130 with the following: UNTIL 2:00 PM ON MARCH 27, 2012, the City shall accept sealed bids, clearly marked as such, APPENDIX "1" NCTD RIGHT OF ENTRY PERMIT Page 7 Section 8. Insurance. 8.1 Railroad Protective Liability Insurance subsection c. Per the attached email response from NCTD, NCTD will accept $5 million per occurrence for this project. Contract No. 6607/Bid No. PWS12-25 UTIL Addendum No. 2 Sherri Howard =rom- Tracey Foster <tfoster@nctd.org> Wsent:' Friday, Marcii 09, 2012 8:40 AlVI To- Sherri Howard Subject: RE: CMP Replacement Program and La Costa Ave Storm Dram Replacement Hi Siierri, I have reviewed further internally, and have been informed that we will accept $5M per occurrence on the Railroad Liability insurance. If you need anything further, please let me l<now. Thanl<s, Tracey From: Sherri Howard [mailto:Sherri.Howard@carlsbadca.gov] Sent: Tuesday, March 06, 2012 2:36 PM To: Tracey Foster Subject: RE: CMP Replacement Program and Costa Ave Storm Drain Replacement The City will be lining a storm drain pipe under the railroad at Washington Street. I have attached the plans. I am sure you have a standard response when you get inquiries for insurance requirements - it is on Sheet 2. From: Tracey Foster [mailto:tfoster@nctd.orq1 Sent: Tuesday, March 06, 2012 2:32 PM To: Sherri Howard Subject: RE: CMP Replacement Program and La Costa Ave Storm Drain Replacement Hi Sherri, Ed Singer is no longer with NCTD. I'm not sure what this is in reference to. Can you provide a little more information? Thanl<s, Tracey Foster From: Sherri Howard [mailto:Sherri.Howard(g)carl5badca.qov1 Sent: Tuesday, March 06, 2012 2:20 PM To: Ed Singer Subject: FW: CMP Replacement Program and La Costa Ave Storm Drain Replacement Do you have a standard response for this question? From: Terry Henry [mailto:THenry(S)insituform.com1 Sent: Tuesday, March 06, 2012 2:13 PM To: Sherri Howard Subject: RFI: CMP Replacement Program and La Costa Ave Storm Drain Replacement C Good afternoon Sherri, Within the specifications you request the contractor to obtain railroad insurance permit at $10,000,000 per occurrence. Industry standard and all insurance companies will provide is $5,000,000 per occurrence. Is it acceptable to provide a railroad permit for $5,000,000 per occurrence rather than the $10,000,000 within the specs? ^ .egards. Terry R. Henry Insituform Technologies. Inc. Cell (562)413-1585 Office (714 278-1900 Fax (714)278-1911 This'em"a7andTn7flles"'t^^^^^^^^^ with it are confidential and intended solely for the use of the individual or entity to whor^They are addressed. If you are not the named addressee you should not disseminate, distribute, retain, or copy this e-mail or any attachments. If you have received this email in error please delete and notify the sender. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute, retain, or copy this e-mail or any attachments. If you have received this email in error please delete and notify the sender. CONTRACT PUBLIC WORKS This agreement is made this _ is^ . day of ^nhn^ , 2012, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Superior Gunite Inc. whose principal place of business is 12306 Van Nuys Blvd. Lakeview Terrace CA 93142 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 06/10/09 Contract No. 6602 and 6607 Page 28 of 130 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 infonnation furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 29 of 130 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 costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. /\ ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 30 of 130 /"^ ' (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and V original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the infonnation. A Revised 06/10/09 Contract No. 6602 and 6607 Page 31 of 130 (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False ^ w Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carjsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand ail provisions of Section 10 above. (1[)^4^ init "^7^ init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othen/vise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 32 of 130 V 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) OR: (name of Contractor) By: (sign here) ^ (nr'iniJFr^e ancUitte^V CITY OF CARLSBAD a municipal corporation of the State of Cflliforr ' (print name and title) ^'itinw^^^ President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney ¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 33 of 130 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ) ss On JUNE 4. 2012 . before me, STACY L. SULLIVAN. Notary Public, personally appeared ANTHONY L. FEDERICO. who proved to me on the basis of satisfactory evidence to be the personwhose name^'is/aV^ subscribed to the within instrument and acknowledged to me that he/sK^/th^ executed the same in his/lT^/thV( authorized capacity(i^^, and that by his/h'^th'^ signaturei^on the instrument the person(^or the entity upon behalf of which the person(^^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature:. STACY L SULLIVAN, Notary Public STACY L. SULLIVAN Commission # 1890818 Notary Public - California j N^!!fejp^ Los Angeles County n ^1 I • ' ^0"^m-Expires Mav ?4 Pni 41 1 z z > CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ) ss County of Los Angeles ) On JUNE 4. 2012 . before me, STACY L. SULLIVAN. Notary Public, personally appeared DAVID BOWERS, who proved to me on the basis of satisfactory evidence to be the personj^ whose name^^ is/arVsubscribed to the within instrument and acknowledged to me that he/siVtl^V executed the same in his/h\r/thNs(^r authorized capacityli'^, and that by his/h\ytfV^ir signature^^on the instrument the personf^, or the entity upon behalf of which the person("^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) STACY L SULLIVAN, Notary Public STACY L. SULLIVAN | Commission # 1890818 | Notary Public - California z z Los Angeles County 1 ^5i;*:aiii>^ i^y Comm. Expires May 24. 2014 ^ C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution No. 2012- 117, adopted May 22, 2012 , has awarded to Superior Gunite Inc., (hereinafter designated as tlie "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the fumishing 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, SUPERIOR GUNITE INC., as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Sixty Eight Thousand Four Hundred Seventy Dollars ($168,470), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181. so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same Revised 06/10/09 Contract No. 6602 and 6607 Page 34 of 130 shall affect Its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of S^^^ _, 20 1^. Executed by SURETY this of 4 th day June 20. 12 CONTRACTOR: Superior Gunite (name of Contractor) By:. (sign here) (print name here) SURETY: Travelers Casualty and Surety Company of America (name of Surety) 216 8 8 Gateway Center Drive, Diamond Bar, CA 9176 5 (address of Surety) 909 612-3674 (telephone number of Surety) in-Fact) Lisa L. Thornton (print name here) (title and organization of signatory) (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 Deputy City Attomey Revised 06/10/09 Contract No. 6602 and 6607 Page 35 of 130 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss ) On JUNES. 2012 . before me, STACY L. SULLIVAN. Notary Public, personally appeared ANTHONY L FEDERICO. who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ is/a^^ subscribed to the within instrument and acknowledged to me that he/sh^/thV executed the same in his/h^tlVir authorized capacity(i^), and that by his/hV(/tf^ir signature^^on the instrument the person^ or the entity upon behalf of which the person(^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signat « STACY trkuLLIVAN, Notary Public STACY L. SULLIVAN Commission # 1890818 Notary Public - California 1 Los Angeles County ^ My Comm. Expires May 24, 20141 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ) ss County of Los Angeles ) On JUNES. 2012. before me, STACY L. SULLIVAN. Notary Public, personally appeared DAVID E. BOWERS, who proved to me on the basis of satisfactory evidence to be the person]^ whose namets;^^ is/^ subscribed to the within instrument and acknowledged to me that he/sK^/tiW executed the same in his/h^a(^/tl^r authorized capacity'^^), and that by his/lT^/th\sir signature^^on the instrument the person(s), or the entity upon behalf of which the person("^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ^»w^/iv^- ^ ' (Seal) STACY L. ^ULLIVAN, Notary Public STACY L. SULLIVAN Commission # 1890818 Notary Public - California 1 1 NSI^/' Angeles County ^ < My Comm. Expires May 24, 20141 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Lisa L. Thornton ) ss ) before me, Noemi Quiroz. Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person^*) whose name^ is/afe subscribed to the within instrument and acknowledged to me that Wshe/thoy executed the same in l^s/her/thoir authorized capacity^ies), and that by l4s/her/thoir signature{^ on the instrument the person^*), or the entity upon behalf of which the person{s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:, (Seal) m Noemi Quiroz, Notary Publii NOEWll QUIROZ commission # 19405 5 Notary Public - California ''^Los Angeles county lillriii-n-/,"';'7-,'"'!III TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 223729 Certificate No. 004503659 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint E. S. Albrecht, C. K. Nakamura, Noemi Quiroz, Lisa L. Thornton, and Maria Pena of the City of Los Angeles State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2011 1st Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. On this the 1st day of September 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. ^ Marie C. Tetreault, Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER \ , This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity' and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, FideUty and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guamnty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this. day of. 20 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 105755631 Premium: $1,281.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of tlie City of Carlsbad, State of California, by Resolution No. 2012- 117, adopted May 22, 2012 , has awarded to Superior Gunite Inc., (hereinafter designated as the "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 in the City of Carisbad, in strict confomriity 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 Carisbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful perfonnance and warranty of said Contract; NOW, THEREFORE, WE. SUPERIOR GUNITE INC., as Principal, (hereinafter designated as the "Contractor") and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carisbad In the sum of One Hundred Sixty Eight Thousand Four Hundred Seventy Dollars ($168,470), 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, finnly 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 periderm 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 Carisbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenwlse it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Contract No. 6602 afwl 6607 Page 36 of 130 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 Jui^J^ , 20_|^ CONTRACTOR: Superior Gunite (name of Contractor) BV: Qr^Gi-' ' ' ^ (sign here) ^ (print name here) (Title and Organization of Signatory) name here) (Title ana Organization of signatory) ^ Executed by SURETY this June 4 th day of ..20. 12 SURETY: Travelers Casualty and Surety Company of America (name of Surety) 21688 Gateway Center Drive, Diamond Bar, CA 91765 (address of Surety) 909 612-3674 (telephone number of Surety) Lisa L. Thornton (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attomey.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 6602 and 6607 Page 37 of 130 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ) ss ) On JUNES. 2012. before me, STACY L SULLIVAN. Notary Public, personally appeared ANTHONY L FEDERICO. who proved to me on the basis of satisfactory evidence to be the person}^) whose namef^ is/asubscribed to the within instrument and acknowledged to me that he/sli^e/t(V^y executed the same in his/h'^^/tlV^ir authorized capacity(i^, and that by his/h^r/t^^ir signature(s\pn the instrument the person]^ or the entity upon behalf of which the person'tsvj^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seai) Signature:. STACY L. SULLIVAN, Notary Public STACY L. SULLIVAN P Commission # 1890818 t Notary Public - California 1 Los Angeles County g ^ My Comm. Expires May 24.20141 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ) ss ) On JUNE 6. 2012 . before me, STACY L. SULLIVAN. Notary Public, personally appeared DAVID E. BOWERS, who proved to me on the basis of satisfactory evidence to be the person\s;j^ whose namely '\s/^^ subscribed to the within instrument and acknowledged to me that he/s^t}!^ executed the same in his/h«|^/ttHyr authorized capacity(fes)^ and that by his/h^th^r signature(^on the instrument the persorifs), or the entity upon behalf of which the person(^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature: STACY L.^tDLLIVAN, Notary Public 1 "-'1 STACY L SULLIVAN Commission # 1890818 Notary Public - California 1 J~ NSS^^ Angeles County ^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ) ss County of Los Angeles ) JUN 04 Ml? On , before me, Noemi Quiroz. Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the person^*) whose name{s) is/afe subscribed to the within instrument and acknowledged to me that Wsho/thoy executed the same in l^s/her/thoir authorized capacity^4es), and that by Iws/her/thoir signature's) on the instrument the person's), or the entity upon behalf of which the person's) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOEMI QUIBOZ commission # 1940525 Notary Public - California LOS Angeles County i Quiroz, Notary Public OPTIONAL ESCROW AGREEMENT FOR ^ SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carisbad whose address is 1200 Carisbad Village Drive, Carisbad, 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 CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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 othenA/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. l^''Revised 06/10/09 Contract No. 6602 and 6607 Page 38 of 130 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 ail securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of ail moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faraday Avenue. Carlsbad. 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 %¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 39 of 130 ^^^^ IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the I date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carisbad Village Drive. Carisbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address ^¥ Revised 06/10/09 Contract No. 6602 and 6607 Page 40 of 130 C GENERAL PROVISIONS FOR CORRUGATED METAL PIPE REPLACEMENT PROGRAM AND LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM (Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue [2524] Storm Drains) CONTRACT NO. 6602 and 6607 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 othen/vise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenA/ise. 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 Engineer", unless othen^^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 perfonn 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 41 of 140 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The temi Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carisbad, 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 Wori<, 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 Carisbad or the Board of Directors of Carisbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carisbad or his/her approved representative. Cash Contract ~ A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. 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 Revised 11 /24/10 Contract No. 6602 and 6607 Page 42 of 140 f Provisions, permits from other agencies, the Technical Specifications, the Supplemental \w Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othen^/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 Carisbad or Executive Manager of the Carisbad Municipal Water District, to hear and advise the City Manager on 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. w Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Revised 11 /24/10 Contract No. 6602 and 6607 Page 43 of 140 Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. 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. Revised 11/24/10 Contract No. 6602 and 6607 Page 44 of 140 standard Specifications - The Standard Specifications for Public Works Construction W (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the — Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 45 of 140 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS... Asphalt concrete wearing surface ALT Alternate APN Assessor's Parcel Number APIS Apartment and Apartments AMER SID 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 Califomia Occupational Safety and Health Administration CalTrans Califomia Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR Califomia 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 Cured-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial 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 retum 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 EX Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate %¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 46 of 140 /^"^ FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal V . HP _ Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC i\/liscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric CMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PM Parcel Map PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete 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 Revised 11/24/10 Contract No. 6602 and 6607 Page 47 of 130 SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe CD. 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/Stmcture SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone 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 WVD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work 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 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 Wori<s 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 ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 48 of 130 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Abbreviations) (Equal To) SI Unit (Abbreviations) mil (=0.001 in) 25.4 micrometer (^m) inch (in) 25.4 millimeter (mm) inch (in) 2.54 centimeter (cm) foot (ft) 0.3048 meter (m yard (yd) 0.9144 meter (m mile (mi) 1.6093 kilometer (km) square root (ft). 0.0929 square meter (m^ square yard iyd ) 0.8361 square meter (m^ cubic foot (ft) 0.0283 cubic meter (m ) cubic yard (yd ) 0.7646 cubic meter (m ) acre 0.4047 hectare (ha) U.S. gallon (gal) 3.7854 Liter (L) fluid ounce (fl. oz.) 29.5735 millileter (mL) pound mass (lb) (avoirdupois) 0.4536 kilogram (ka) ounce mass (oz) 0.02835 kilogram (kg) Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 90/ kg) Poise 0.1 pascal' second (Pa s) centistoke (cs) 1 square millimeters per second (mm /s) pound force (Ibf) 4.4482 Newton (N) pounds per square inch (psi) 6.8948 Kilopascal (kPa) pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) foot-pound force (ft-lbf) 1.3558 Joules (J) foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit {°F): Degree Celsius (°C): T = (1.8 X "C) + 32 "C = (°F - 32)/1.8 SI Units (abbreviation) Commonlv Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 11/24/10 Contract No. 6602 and 6607 Page 49 of 130 Common Metric Prefixes kilo (k) 10 centi (c) 10 milli (m) 10 micro (|a) 10 nano (n) 10' pico (p) 10-^^ 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) * Degree PL Property line CL Centeriine SL Survey line or station line SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 50 of 130 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 perfomi that portion itself, and shall perform that portion itself, except as othenA/ise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the wori< to be so ^0^- subcontracted. ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 51 of 130 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in Caiifornia 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. ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 52 of 130 c Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of two set of drawings. The first set is designated as City of Carisbad Drawing No. 463-7B and consists of four sheets. The second set is designated as City of Carisbad Drawing No. 400-3A and consists of one sheet 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 and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 53 of 130 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) 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. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-6.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 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 by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for en-ors, 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. Revised 11/24/10 Contract No. 6602 and 6607 Page 54 of 130 The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to. the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to cleariy 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 55 of 130 Working drawings are required in the following sections: TABLE 2-5.3.2 (A) 9 Item Section Number ~ Title/aHB: . Subject flHHI 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings ; r 12 306-2.1 General f Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 l\/licrotunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othen/vise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless OthenA/ise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. &u 3) Certifications per 4-1.5. ^ - or 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. ^^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 56 of 130 1^ 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. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be ^ provided by the Agency. Unless 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 survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenA/ise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 57 of 130 resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centeriines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not* exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 58 of 130 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description ® Centerline or Paraliei to Centeriine Spacing®, ® Lateral Spacing (3), <D Setting Tolerance (Within) Street Centerline SDRS M-10 Monument :^1000', Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Inten/isible, <, 50' on tangents & ^ 25' on curves. Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and ^ 50' Grade Breaks &^25' 0.1'Verticals Horizontal Fence RP + Marker Stake < 200' on tangents, ^ 50' on curves when R> 1000' & 25' on cun/es when R^ 1000' N/A (constant offset) 0.1' Horizontal Rough Grade Cuts or Fills 2:10 m (33-) RP + Marker Stake ^50' N/A 0.1'Verticals Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area <. 50' on tangents & curyes when R^ 1000' & <. 25' on curves when R <, 1000' ^22' %" Horizontal & V4" Vertical Asphalt Pavement Finish Course RP, paint on previous course <, 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks %" Horizontal & V/ Vertical Drainage Structures, Pipes & similar Facilities®, ® RP + Marker Stake intervisible & <, 25', beginning and end, BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities. Risers & similar facilities (except plumbing). Skewed cut-off lines as appropriate %" Horizontal & Vertical Curb RP + Marker Stake <. 25', BC & EC, at YAA, YTA & ''''A on curb returns & at beginning & end (constant offset) %" Horizontal & V4" Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate %" Horizontal & V4" Vertical Junction Box ® RP + Marker Stake at each junction box location as appropriate %" Horizontal & V4" Vertical Conduit ® RP + Marker Stake < 50' on tangents & cun/es when R^ 1000' & <, 25' on curves when R <, 1000' or where graded 0.30% as appropriate %" Horizontal & when depth cannot be measured from existing pavement V4''Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (D as appropriate %" Horizontal & V4" Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake <: 50' & along end slopes & conic transitions as appropriate 0.1'Verticals Horizontal ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 59 of 130 Feature Staked Stake Description ® Centeriine or Parallel to Centerline Spacing®, (D Lateral Spacing (3), ® Setting Tolerance (Within) Wall ® RP + Marker Stake + Line Point +Guard Stake <, 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 74" Horizontal & 'U" Vertical Maior Structure (D Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 78" Horizontal & 'U" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 78" Horizontal & 'U" Vertical Miscellaneous (D Contour Grading ® RP + Marker Stake ^50' along contour line 0.1'Verticals Horizontal Utilities ®, © RP + Marker Stake <, 50' on tangents & cun/es when R^ 1000' & <. 25' on curves when R ^ 1000' or where grades 0.30% as appropriate 78" Horizontal & 'U" Vertical Channels, Dikes & Ditches ® RP + Marker Stake intervisible & <, 100', BC & EC of facilities, Grade breaks, Alignment breaks. Junctions, Inlets & similar facilities as appropriate O.r Horizontal & 74" Vertical Signs ® RP + Marker Stake + Line Point +Guard Stake At sign location Line point O.r Verticals Horizontal Subsurface Drains ® RP + Marker Stake inten/isible & <, 50', BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities. Risers & similar facilities as appropriate 0.1' Horizontals 74" Vertical Overside Drains ® RP + Marker Stake longitudinal location At beginning & end 0.1'Horizontals 74" Vertical Markers ® RP + Marker Stake for asphalt street surfacing ^ 50' on tangents & curves when R^ 1000' & ^ 25' on curves when R ^ 1000'. At marker location(s) 74" Horizontal Railings & Barriers ® RP + Marker Stake At beginning & end and ^ 50' on tangents & curves when R ^ 1000' & ^ 25' on cun/es when R^ 1000' at railing & barrier location(s) 78" Horizontal S Vertical AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal S Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 78" Horizontal S 74" Vertical Pavement Markers® RP 200' on tangents, 50' on curves when R > 1000' & 25' on cun/es when R <, 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 74" Horizontal features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation S inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line S grade information for each plane of the feature ® > means greater than, or equal to, the number following the symbol. <, means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage S sanitary sewer pipes S similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 60 of 130 All guard stakes, line stakes and lath shall be flagged. Unless othenA/ise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, alignments, etc. White/Red Vertical Control Bench marks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intennediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, stonn drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and mari<ing cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall confomri to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenA/ise ordered by the Board. Revised 11/24/10 Contract No. 6602 and 6607 Page 61 of 130 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and ail 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. 2- 12 ADA REQUIREMENTS. Special attention is to be given to compliance with the American's with Disabilities Act (ADA) and the requirements of California disability access law and its requirements. The contractor shall be responsible to verify with the City inspector that all finished sidewalk, ramp, entry access grades and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device approved by the City. General construction tolerances are unacceptable. If these requirements cannot be met with the existing grades or other physical or practical limitations. Contractor shall immediately notify City for direction before work takes place. Contractor shall be responsible for the costs of any corrective work due to contractor's failure to meet these requirements. 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 Woric 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. /% Revised 11 /24/10 Contract No. 6602 and 6607 Page 62 of 130 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 More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per \^ Section 3-3; however, in no case will payment be less than would be made for the actual /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 63 of 130 quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as 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 actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 64 of 130 invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, S**^ necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 65 of 130 invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. 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 ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 66 of 130 c 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and ail costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: .^-^ Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 67 of 130 Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the 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 ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 68 of 130 ^ 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenA/ise expressly provided for or the claimant is not othenA/ise 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 ($60,000), 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 V. ^ 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 infonnation, 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. z**^ For purposes of those provisions, the running of the period of time within which a claim must be i^. filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 69 of 130 including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no 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. 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 houriy rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othenA/ise 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 70 of 130 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless 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 ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 71 of 130 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. 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 and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its Intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 72 of 130 f furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to V those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for Z**^ 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. mp' Revised 11 /24/10 Contract No. 6602 and 6607 Page 73 of 130 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. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available infonnation and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 74 of 130 contradiction. The committee will focus upon the performance adequacy of the material(s) using ^••^^ standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless 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 investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim w 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 cleariy 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. Revised 11/24/10 Contract No. 6602 and 6607 Page 75 of 130 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a sen/ice connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenA/ise 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 76 of 130 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 "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment Is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition, and supplements. 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 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, ail 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 \Nork or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and ail utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenA/ise 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 ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 77 of 130 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. 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/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 (ten) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Gonstruction 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 ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 78 of 130 Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule In the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of ail project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing ail of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall v.. prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the eariy start, the eariy finish, the late start, the late finish, the total float, and alt predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with ail network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be %^ completed prior to the submittal of the first Baseline Construction Schedule. /\ Revised 11 /24/10 Contract No. 6602 and 6607 Page 79 of 130 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 25 and 50 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment preliminary inspections, pipeline cleaning and material deliveries. Pipeline cleaning and preliminary inspection shall be completed a minimum of two weeks prior to liner installation. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, ufility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter durafion, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implemenfing all contractual requirements including liquidated damages in accordance with the revised durafion. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construcfion Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 80 of 130 The Engineer will review and return to the Contractor, with any comments, the Baseline \m0^ Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Secfions 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Nofice to Proceed. The Contractor must resubmit the schedule incorporafing the comments prior to receipt of payment per Secfion 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1 The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements ^ no later than the fifth working day of the following month. The monthly update will be submitted K^- on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Secfions 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparafion of the schedule data disk. The schedule data disk shall be readable by the software specified in Secfion 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addifion of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 81 of 130 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations an^anged with the tasks on the vertical axis and durafion on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the crifical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construcfion Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construcfion Schedule will be returned marked as per Secfions 6-1.4.1 through 6-1.4.3. Any Updated Construcfion Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correcfion. 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 construcfion 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 Secfion 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 incorporafing the corrections and changes noted in the Engineer's comments prior to receipt of payment per Secfion 6-1.8.2. The Contractor, at the sole opfion of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and mari<ed "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 durafion, 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 Construcfion Schedule, with a list and explanation of each change made to the schedule. The Revised Construcfion 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 secfion "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 82 of 130 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activifies. 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 Construcfion Schedule. Acceptance of the final schedule update is required for complefion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Payment. Payment for preparafion and submittal of Construcfion Schedule shall be considered as included in the other various items of work, and shall include, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer, and no additional payment shall be made therefor. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condifion and state of usefulness as soon as pracficable, the Contractor shall diligenfiy prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situafion. 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, unfil the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properiy provide for public safety, traffic, and protection of the Wori< during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such acfions will not relieve the Contractor from liability. Contractor to substantially complete each discrete street prior to initiating work at another street 6-2.3 Project Meetings. The Engineer will establish the time and locafion 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 meefings 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 Secfion 6-6.3. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 83 of 130 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not confinue unfil ordered by the Engineer. When resumed, excavafion operafions 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 entified to an extension of fime and compensafion in accordance with the provisions of Secfion 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the \Nork within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locafions 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 cancellafion, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellafion of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the enfire Contract, all money due the Contractor at the fime 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 complefion, 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 discrefion or when condifions encountered during the Work make it impossible or impracticable ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 84 of 130 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 entifie the Contractor to an extension of time as provided herein, but the Contractor will not be entified to damages or addifional 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 cessafion of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specificafions. 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 operafions 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 acfion or inaction by the Agency, such delays will entifie the Contractor to an extension of fime as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of fime, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written nofice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organizafion that the Agency may othenA/ise be obligated by. The Contractor shall provide continuing dally written nofice to the Engineer, each working day, throughout the duration of such period of delay. The inifial and confinuing written notices shall include the classification of each workman and supen/isor 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 85 of 130 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the fime set forth in the Contract. The Contractor shall complete each portion of the Work within such fime 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 45 (forty five) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Secfion 6-1 and the date provided for complefion, 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 Secfion 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 determinafion of each working day to be charged against the Contract time. These determinafions will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract fime, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. 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 specificafions 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 certificafion by the Engineer the Board may accept the ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 86 of 130 completed Woric. Upon the Board's acceptance of the Work the Engineer will cause a "Nofice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of complefion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after nofice to do so from the Engineer, and within the fime specified in the nofice. If the Contractor fails to make such replacement or repairs within the fime specified in the nofice, the Agency may perform this work and the Contractor's surefies 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 complefion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Two Hundred Fifty Dollars ($250.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 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 complefion 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 ufilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such acfion. 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 acfion of the elements or from any other cause, except Contractor operafions 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 operafions. 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 ufilize 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 ufilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condifion all equipment and facilities as required for the proper execufion and inspecfion of the Work. Such equipment and facilifies shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Wori<. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenA/ise ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 87 of 130 objectionable, or who fails or refuses to perform work properiy 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 penalfies prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in secfion 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 certificafion: "1 am aware of the provisions of Secfion 3700 of the Labor Code which require every employer to be insured against liability for workers' compensafion 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 Secfion 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Woricers' Compensafion 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 compensafion 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 cancellafion 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 offlcial publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensafion insurance. 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. Revised 11 /24/10 Contract No. 6602 and 6607 Page 88 of 130 f^' 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. 7-5.1 Resource Agency Permits. The project will not need any permits from the Carisbad Planning Department. The project is exempt from environmental review per CEQA Guidelines Secfion 15301(b), concerning repair and maintenance of exisfing facilifies. 7-5.2 Relations with the Railroad. 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Buriington Northern and Santa Fe Railway (BNSF) and the Nafional Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right of Entry" Permit from the North County Transit District Board, (NCTD Board), prior to the commencement of any work. A Sample Permit is included in Appendix "1", of these supplemental provisions. All fees and costs associated with obtaining and complying with the terms of this permit, including but not limited to engineering review, submittal review, railway fiaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Contractor shall be required to make a deposit to NCTD. The deposit to NCTD will be required prior to the issuance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensafion will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the NCTD Board shall furnish the Engineer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements The Contractor shall notify NCTD in wrifing at least ten (10) working days prior to commencement of work on Railroad Right of Way at: North County Transit District 810 Mission Avenue Oceanside, CA 92504 (760) 966-6504 (760) 754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 89 of 130 7-5.2.4 Requirements for use of Railway Fiaggers Railway Fiaggers will be required on this Project. The presence of equipment, materials, or manpower will not be allowed within 25 feet of the centeriine of any track without the presence of Railway Fiaggers. The Contractor shall be responsible for coordination with NCTD to schedule Railway Fiaggers. Costs for Railway Fiaggers shall be the responsibility of the Contractor and subtracted from the deposit made to NCTD. Effective July 1, 2011 current cost for Railway fiaggers average $61.90,per hour plus 7.2%. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in wrifing 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 refen-ed 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 essenfial 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 operafions 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 addifional 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 ufility companies during the relocafion 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 compensafion will be made to the Contractor for any such delay. 7-8 WORK 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, ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 90 of 130 sweeping and sprinkling with water, or other means as necessary. The use of water resulfing in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specificafions, 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 inspecfion, 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 pracficable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condifion is corrected. No additional compensation will be allowed as a result of such suspension. \^ Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that. In his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulafions of any legally constituted authority. 7-8.3 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. 7-8.5 Sanitary Sewers 7-8.5.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodafions 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, 'f^' sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system, ^pi^ Sewage shall not be permitted to flow in trenches or be covered by backfill. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 91 of 130 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 prevenfion, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, Nafional Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Stomri Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary exterminafion work shall be arranged and paid for by the Contractor as part of the Work within the Contract fime, 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. 7-8.8 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construcfion meter for water used for the construction, plant establishment, maintenance, cleanup, tesfing 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 addifional payment will be made therefore. 7-9. 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. 7-9 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 caufion to avoid damage to such property. The Contractor shall repair or replace all exisfing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installafions, 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 11 /24/10 Contract No. 6602 and 6607 Page 92 of 130 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 operafions, they shall be restored or replaced in as neariy the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all fimes. 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: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stafions and motels; hospitals; police and fire stafions; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/ise 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. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collecfion and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless OthenA/ise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be condifioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash \^ pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 93 of 130 During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overiaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disrupfion. 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 notificafion shall be hand delivered and shall state the date and time the work will begin and its anficipated duration. The notification shall list two telephone numbers that may be called to obtain additional informafion. 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. Nofices shall not be distributed unfil approved by the Engineer. 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 brighfiy colored with contrasfing printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the nofice shall be no smaller than 12 point. An example of such nofice is provided in Appendix "A" for the Washington Street pipeline rehabilitation. Appendix "B" for the Badajoz Place pipeline rehabilitation, and Appendix "C" for the Elmwood Street pipeline rehabilitation. In addifion 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 fime 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 notificafions shall be included in the contract price bid for traffic control and the Contractor will not be entified to any additional compensation for printing and distributing these nofices. The contractor shall replace all street markings and striping damaged by construction activifies. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construcfion materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 94 of 130 Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenA/ise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with addifional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be cleariy posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condifion or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole opfion, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construcfion traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construcfion area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 95 of 130 provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Secfion 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direcfion and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be prompfiy removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stafionary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Speciflcafions", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Secfion closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fiuorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping fiag tree with fiags. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer 6', nor operate equipment within 2' from any traffic lane occupied by traffic. For equipment the 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, durafion and locafion of such waiver, when such reducfion is shown on the traffic control plans included in these contract documents, when such reducfion 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 condifion 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 enfire construcfion, a minimum of one paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direcfion of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 96 of 130 c When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locafions, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement deiineafion shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes obliterafion of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement deiineafion shall be provided at all times for traveled ways open to public traffic. All work necessary. Including any required lines or marks, to establish the alignment of temporary pavement deiineafion shall be performed by the Contractor. When temporary pavement deiineafion is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement deiineafion shall be dry and free of dirt and loose ^ material. Temporary pavement deiineafion shall not be applied over existing pavement delineation or other temporary pavement deiineafion. Temporary pavement deiineafion shall be maintained until superseded or replaced with permanent pavement deiineafion. Temporary pavement deiineafion shall be removed when, as determined by the Engineer, the temporary pavement deiineafion conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement deiineafion is required to be removed, all lines and marks used to establish 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire durafion of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transifion to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the Caiifornia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 97 of 130 ^^^^ Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modificafions, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modificafion, addifion, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modificafions, supplements, and/or new designs to TCP shall conform to the requirements of Secfion 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including fiagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparafion, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved addifions and modificafions, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modificafions, addifions, supplements and/or new TCP designs shall be Included in the lump sum bid for traffic control and no addifional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of Construcfion Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulafions. Before excavafing 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 unfil 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. Revised 11/24/10 Contract No. 6602 and 6607 Page 98 of 130 V 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in wrifing by the Engineer, or as othenA/ise stated in the Specificafions. Explosives shall be handled, used, and stored in accordance with all applicable regulafions. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasfing 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 Secfion 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 Caiifornia Division of Industrial Safety requirements and all manufacturer warnings and application instrucfions 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 condifions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material infiow 4. Controlled access to the space 5. Atmospheric tesfing of the space 6. Venfilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilifies, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Secfion 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces unfil the pre-entry procedures demonstrate othenA/ise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by %^ Contractor and Agency personnel at the Work site. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 99 of 130 (c) Payment. Payment for implemenfing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all fimes, 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 royalfies on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and locafion 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 fimes observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavafion and Grading. If this notice specifies locafions or possible materials, such as borrow pits or gravel beds, for use in the proposed construcfion project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Secfion 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Secfion 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." ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 100 of 130 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL. Field office for agency personnel is not required. 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 quantifies of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless OthenA/ise provided in Specificafions, 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 sfipulated in the particular secfions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantifies 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 quantifies 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 construcfion, if the actual quantities show either an increase or decrease from the quantifies given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 101 of 130 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 precaufions 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 acfion 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 obligafions 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, ail money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by 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. ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 102 of 130 ^"'^^ 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 esfimated value will be based on contract unit prices, completed change order wori< 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 pracficable 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 setfing forth in wrifing 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 properiy 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 Secfion 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 esfimate 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 esfimate will be in wrifing 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 quantifies and payment amounts and shall show all deducfions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior esfimates and progress payments shall be subject to correcfion in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement dispufing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentafion 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. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 103 of 130 If the Contractor submits a written statement with documentafion in the aforemenfioned 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 resolufion 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 fime 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 infonnafion 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 Secfion 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 Secfion 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 nofice or protest is required under any provision of this contract including Sections 3-4 Changed Condifions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Nofice 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 informafion and details as may be required by the Engineer to determine the facts or contenfions involved in its claims. Failure to submit such informafion 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 resolufion 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 Specificafions, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work shall be made at the lump-sum price bid for Mobilization and shall not exceed seven-thousand five hundred dollars ($7,500.00) and includes full compensafion for furnishing all insurance, bonds, licenses, labor, materials, ufilities, tools, equipment and incidentals, and for doing all the A Revised 11/24/10 Contract No. 6602 and 6607 Page 104 of 130 work involved in mobilizafion and preparatory work and operafions, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilifies necessary for work on the project; for all other facilities, sureties, work and operafions which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specificafions. The Contractor hereby agrees that the sfipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this secfion, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilizafion and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60°/o) of the amount bid for mobilizafion and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect exisfing utilities, improvements, landscaping, irrigation systems, and vegetafion in place. If damaged during the work. Contractor is responsible to repair or replace any utilifies, improvements, landscaping, irrigafion systems, and vegetation at his expense. Bid item Descriptions: Schedule "A" Mobilization (not to exceed $7,500) (Bid Item No. 1) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits if applicable. 2. Submittal of required construction schedule(s). 3. Establishment of all offices, buildings, construcfion yards, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs.. 5. The movement of personnel, equipment, supplies, and incidentals to all project sites. 6. Developing and installing construction water supply. 7. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocafion of exisfing ufility facilities shown on the Plans or discovered during construction operations. A ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 105 of 130 The deletion of work or the addition of extra work as provided for herein shall be refiected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilizafion." Payment for "Mobilization" will be made at the unit price bid, which shall constitute full compensation for all such work. Payment for Inifial Mobilization will be made as follows: The total price bid for mobilization and related items shall not exceed seven thousand five hundred dollars ($7,500). The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilizafion. The contract unit price paid for mobilizafion shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilizafion as specified herein. Traffic Control (Bid Item No. 2) Lump Sum The Contract lump sum price paid for the traffic control system shall include full compensafion for, but not limited to, design and approval of traffic control plans, obtaining a "no cost" permit from the City, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans and revisions for all sites including Washington Street and Oak Avenue, Badajoz Place, La Costa Avenue, Elmwood Street and Buena Vista Way, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locafions, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable fiashing beacons, flashing an-ow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset In the project shall be considered as included In the Contract lump sum price paid for traffic control system and no addifional compensafion will be allowed therefor. Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate. Storm Water Pollution Prevention Plan (SWPCP) (Bid Item No. 3) Lump Sum The contract unit price paid for the SWPCP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of revising and amending the Teir 1 -SWPPP, and installing, constructing, maintaining removing and disposing of BMPs as shown in the Tier 1 - SWPPP, in accordance with Drawing Set 436-7B and Drawing Set 400-3A and Section 300-13 and no additional compensation will be allowed therefor. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 106 of 130 c 36-inch Cured-in-Place-Liner (Bid Item No. 4) Linear feet 30-inch Cured-in-Place-Liner (Bid Item No. 5) Linear feet 18-inch Cured-in-Place-Liner (Bid Item No. 6) Linear feet 12-inch Cured-in-Place-Liner (Bid Item No. 7) Linear feet The contract unit price paid for this bid item shall constitute full compensafion to furnish all labor, materials, and incidentals to perform the work to install cured-in-place pipeline liner in accordance with the contract documents. Work includes, but is not limited to furnishing submittals, furnishing and installing materials, curing materials, performing tesfing, cleaning the host pipeline, cleaning out manholes and disposing of debris materials, re-establishing and sealing connections, re-establish and seal lateral connecfions, cuffing exisfing CMP on Elmwood fiush with AC, proper disposal of curing fiuid, providing notifications to affected property owners, providing curing log and printout, and video, cleanup, and all other work for a complete and fully functional installation. No addifional compensafion will be allowed therefor. Construct Type B Headwall per SDRSD D-33 (Bid Item No. 8) Each The contract unit price paid for this bid item shall constitute full compensation for constructing Concrete Headwall, Type B in accordance with Section 303-1, the detail on the plans and San Diego Regional Standard Drawing D-33, and the contract documents. This includes, but is not limited to, survey, excavafion, forming, backfill, base material, compacfion, sawcutfing, and no addifional compensafion will be allowed therefor. Remove and Construct Modified Type F Catch Basin per SDRSD D-7 (Bid Item No. 9) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove and dispose of existing catch basin, furnish and install Modified Type F Catch Basin in accordance with Section 303-1, the detail on the plans and San Diego Regional Standard Drawing D-7, and the contract documents. This includes, but is not limited to, survey, excavafion, forming, PCC, steel, backfill, base material, compacfion, sawcutting, and no additional compensafion will be allowed therefor. Remove and Construct PCC Terrace Ditch per SDRSD D-75 (transition from existing ditch to match new inlet opening) (Bid Item No. 10) Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove and dispose of existing ditch, furnish and install PCC terrace drain in accordance with Secfion 303-1, the detail on the plans and San Diego Regional Standard Drawing D-75, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compacfion, sawcutting, installing 12" long #4 dowels embedded halfway in adjacent PCC ditch in epoxy, and no additional compensafion will be allowed therefor. Remove and Construct Curb Outlet per SDRSD D-25 (Bid Item No. 11) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove and dispose existing, furnish and install new curb oufiet in accordance with Section 303-1, the detail on the plans and San Diego Regional Standard Drawing D-25, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compaction, sawcutfing, installing 12" long #4 dowels embedded halfway in adjacent PCC curb oufiet, and no addifional compensation will be allowed therefor. Construct Debris Wall per details on plan (Bid Item No. 12) Linear Feet ^1^^ The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove, furnish and install concrete debris wall in accordance with Secfion 303-1, the ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 107 of 130 detail on the plans, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compacfion, sawcutting, PCC, steel reinforcement, installation of geotextile fabric, gravel (3" min. size), and no addifional compensafion will be allowed therefor. Install Manhole Locking Device per SDRSD M-4 (Bid Item No. 13) Each The contract unit price paid for this bid item shall constitute full compensafion for all work to furnish and install Manhole Locking Device in accordance the detail on the plans. Appendix J and San Diego Regional Standard Drawing M-4, and the contract documents and for furnishing all labor, materials, tools, equipment and incidentals, and no addifional compensafion will be allowed therefor. Pre- and Post-Cleaning / Construction CCTV Inspection and DVD (Bid Item No. 14) Lump Sum The contract unit price paid for this bid item shall constitute full compensation for all work to prepare and deliver pre- and post-construcfion CCTV inspecfion of the subject pipe rehabilitations in accordance with these contract documents. This includes, but is not limited to, cleaning pipeline, providing equipment, camera set-up, taping, printout of pipe condition, and delivery of DVD, and no additional compensafion will be allowed therefor. NCTD Training and Coordination (Bid Item No. 15) Lump Sum The contract unit price paid for this bid item shall constitute full compensafion for all work to train workers who will be working within NCTD right-of-way on the Washington pipeline rehabilitafion and associated improvements and coordination with NCTD representatives. This includes, but is not limited to, obtaining the necessary NCTD training and certification, NCTD Right-of-Entry Permit and fee coordinating with NCTD to arrange flagmen and flagging deposit, and no addifional compensafion will be allowed therefor. Point Repair or Grout Voids 30 inch host pipe (Bid Item No. A-16) Linear Feet Point Repair or Grout Voids 18 inch host pipe (Bid Item No. A-17) Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and provide point repairs or grouting in host pipe as shown on the plans and in accordance with the contract documents. This includes but is not limited to survey, excavation and shoring where allowed on the plans, forming, backfill where allowed on the plans, restorafion of irrigation system if damaged, point repair or grouting of the Identified hole and no additional compensation will be allowed therefor. Note these are deep pipelines and trenchless point repairs are specified on the plans in most locations. Point Repair or Grout Voids (Bid Item No. A-18) Lump Sum The sfipulated amount of $10,000 shall compensate the Contractor for point repair or grouting as required by the Engineer. Compensation will be per Secfion 3-3 Extra Work and will be based on services performed that were not included in the original contract. Services may include and not be limited to furnish and maintain equipment and devices necessary to install point repairs or grout voids per Section 500-1.2, plan details, and the contract documents. This includes, but is not limited to, preparafion of a plans describing locations where point repairs or grouting are required, furnishing all labor, materials, and equipment to perform point repairs or grout voids utilizing trenchless technology, and no additional compensafion will be allowed therefor. ^•'^ Revised 11/24/10 Contract No. 6602and6607 Page108of130 C 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 Pemneable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this secfion and Table 200- 1.2.2(A). Class 2 permeable material shall conform to the requirements in this secfion 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 penneable material are identified by types. Unless othen/vise 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 [age Passing Type B 50-mm (2") 100 37.5-mm (IV2") — 95-100 19-mm (%") 100 50-100 12.5-mm (V2") 95-100 — 9.5-mm CU") 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-um (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-ym (No. 30) 5-15 300-um (No. 50) 0-7 75-|jm (no. 200) 0-3 ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 109 of 130 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundafions and Survey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Wori<s Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a Yi" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not othen/vise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instrucfions for joint preparation and joint sealer applicafion. Contractor shall also submit samples for inifial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each Revised 11/24/10 Contract No. 6602 and 6607 Page 110 of 130 product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applicafions similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under condifions of service and application, as demonstrated by sealant manufacturer based on tesfing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be mulfi-component polyurethane sealant. Except as othenA/ise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag. Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compafible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory tesfing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plasfic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fiuid at an application temperature of lOO^'C (375T) to 205''C (400T). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Designation) Results Conditions Cone Penetration ASTM D 3407. Sec. 5 3.5 mm, max. 25*'C, 150 g, 5 s Flow. 60X ASTM D 3407. Sec. 6 5 mm, max. Resilience .ASTM D 3407, Sec. 8 25%, min. 25X Softening Point, ASTM D 36 82 "C, min. Ductility, ASTM D 113 300 mm, min. 25''C, 50 mm/min Flash Point, COC, X ASTM D 92 288 *'C, min. Viscosity, Brookfield Thermosel, ASTM D 4402 2.5-3.5 Pa s No. 27 Spindle, 20 rpm, 190^, ^¥ Revised 11/24/10 Contract No. 6602 and 6607 Page 111 of 130 SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Table 213-2.1(A) Add the following: Geotextile types shall be used for the applicafions listed in Table 213-2.1(A) GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 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 (% 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 Fencing 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be buriap type, filled with no less than 23kg. (50 lbs) of 19 mm (V) crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plasfic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-O" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete foofings for metal posts will not be required. o Revised 11/24/10 Contract No. 6602 and 6607 Page 112 of 130 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 objecfionable 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 objecfionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no addifional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of exisfing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other exisfing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Exisfing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Delete the first sentence. 300-2 UNCLASSIFIED EXCAVATION. 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacfing loose soils in areas that are designated to receive fills. The exisfing loose soils shall be removed by the Contractor unfil a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specificafions except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevafions on the site. ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 113 of 130 Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as exisfing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered othen«/ise unsuitable by the Engineer in which case it may be paid for in accordance with secfion 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove addifional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavafion unless it is considered othenA/ise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsecfion 300-2.2.1. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall ufilize 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 construcfion equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specificafions for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. Revised 11/24/10 Contract No. 6602 and 6607 Page114of130 C 300-13.1.1 Tier 1 - SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporafing the required changes, shall be submitted to the Engineer. In order to allow construction activifies to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. Add the following section: 300-13-1.2 300-13-1.2 Availability of SWPPP template. Utilize the Standard Tier Form attached in Appendix "H" and at: http://www.carsbadca.gov/business/building/Documents/EngStandsw-stds-vol4-ch3.pdf Add the following section: 300-13.1.3 Payment. Preparafion, implementafion and management of SWPPP shall be included in the lump sum price bid for storm water pollufion prevention plan and no additional payment will be made therefore. Add the following secfion: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be ' responsible throughout the duration of the project for installing, construcfing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenA/ise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementafion shall confinue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installafion, construction, inspecfion, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilizafion practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 115 of 130 300- 13.1.5 Maintenance. To ensure the proper implementation and funcfioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and fime frames to address any damaged measures or reinitiate any measures that have been disconfinued. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301- 1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include ail labor, materials; including water, operafions and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.11 PAYMENT. DELETE the SUBSECTION in its ENTIRETY and REPLACE with the foilowing: Payment for concrete structures, including but not limited to, modified Type F catch basin per SDRSD standard drawing D-25 and the details shown on the plans. Type B headwall per per SDRSD standard drawing D-33 and the details shown on the plans, and debris wall per the detail shown on the plans, will be made as set forth in the Bid Schedule. Payment shall include compensation for furnishing all labor, materials, tools, and equipment necessary to construct the concrete structures complete in place. Items shall include cast-in-place PCC, steel reinforcement, covers, rims, grates, frames, collars, cone and draft secfions, bases, steps, clean up; and all other work necessary to install the concrete structure, complete in place, and no addifional compensation will be allowed therefore. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General, add the following: Portland Cement Concrete construction shall include, but not be limited to, concrete curb outlet, ten-ace ditch, and all other miscellaneous PCC construcfion items as indicated on the plans and per these Specificafions. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. PCC and all other material unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-way and disposed of by the Contractor at a site of his own choice and he shall ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 116 of 130 pay all costs incidental to the disposal. PCC curb outlet construction shall conform to SDRSD Standard Drawing D-7, the details on the plans, and these Specificafions. Adjacent AC/AB removal and replacement full depth AC, associated with the curb outlet reconstrucfion, shall be a minimum depth of 6-inches and a minimum width of one foot and shall conform to the requirements established elsewhere in these Specifications. PCC terrace ditch construction shall conform to SDRSD Standard Drawing D-7, the details on the plans, and these Specifications. The Contractor shall verify with a "smart level", string line and/or water testing that positive drainage is maintained upon completion of finishing, and any irregularifies causing water ponding shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to pouring any PCC construction improvements. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilifies with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Sen/ice Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment, add the following: Payment for the construction of concrete curb outlet and terrace ditch shall be made at the contract unit price bid for the applicable PCC construction item as shown in the Bid Schedule and shall include full compensation for all related forming, subgrade preparation, reinforcement bars, protecting existing improvements within and adjacent to the work, furnishing ail labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the project plans and referenced standard plans, and no addifional payment will be allowed therefore. Payment for the excavation of earth materials associated with the construction of terrace drain shall be considered included in the unit price bid for the construction of the terrace drain. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless OthenA/ise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be considered included in the various items of work, and no additional payment will be made therefor. ¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 117 of 130 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locafions shown on the plans and as required in the specificafions, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary refiective raised pavement markers shall be placed in accordance with the manufacturer's Instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required, Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement mari<ers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waifing period before placing the pavement markers on new asphalt concrete surfacing as specified in secfion 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following secfion: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white refiective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") In size. The refiective sheefing shall be visible at 300 m (1000') at night under illuminafion of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cemenfing pavement markers to pavement in secfion 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of secfion 4-1.5, "Certificafion". Said certificate shall certify that the channelizers comply with the plans and specificafions and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Revised 11/24/10 Contract No. 6602 and 6607 Page 118 of 130 Add the following section: W 313-2 TEMPORARY TRAFFIC SIGNING. Add the following secfion: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, mariners, mari<ings, and delineators at locafions shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locafions. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, refiective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following secfion: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in secfions 210-1.5 "Paint Systems" and 310 "Painfing". Contractor shall be responsible for the removal and cleanup or painfing over the graffifi from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, fire or vehicle marks, dirt or any and all materials such that said marks or discolorafion mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following secfion. 313-3.1.2 Manufacture of Temporary Railing. In addifion to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in secfions 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designafion: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designafion: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm {%") thick plate welded on the upper end with a 5-mm (^/le") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in secfion 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 119 of 130 or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutfing ends of precast concrete units shall be placed and maintained in alignment without substanfial offset to each other. The precast concrete units shall be posifioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a refiector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel confonning to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite 111" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characterisfics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurafions shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direcfion, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings Tl and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the applicafion as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Unifonn Traffic Control Devices (MUTCD) 2003 Edifion as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings Tl and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Revised 11/24/10 Contract No. 6602 and 6607 Page 120 of 130 Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensafion for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and refiectors marking them shall include the installation, grading for installafion, grading for the approach path, maintenance, painting and re-painfing, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. Revised 11 /24/10 Contract No. 6602 and 6607 Page 121 of 13P SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 5, SYSTEM REHABILITATION SECTION 500 - PIPELINE 500-1 PIPELINE REHABILITATION. 500-1.1 Requirements. 500-1.1.1 GENERAL: ADD the following: Pipeline rehabilitation construction of existing CMP or RCP storm drain shall be conducted the following: 1. Cured-in-place Pipe Liner (CIPP) shall conform to Secfion 500-1.4. All structural requirements as they pertain to each specific installafion shall be approved by the CITY prior to installafion. The CONTRACTOR shall comply with all confined space entry, and other safety regulafions, including but not limited to CalOSHA, OSHA and NIOSH. The CONTRACTOR shall demonstrate that a minimum of five (5) miles, on a single project, of work similar in scope, has been successfully performed by the CONTRACTOR using the CONTRACTOR'S proposed rehabilitation system for this project. Should CIPP be ufilized, the past project shall have used the proposed resin and felt combination. The Contractor's Project Manager and Superintendent shall be assigned full time to this project and be present in the City while WORK is being performed. The proposed Rehabilitation process shall be proven technology, which is defined as a minimum of 500,000 linear feet of successful wastewater collecfion system installafions in the U.S. and must be documented to the satisfaction of the Owner. The Rehabilitafion installafion work done under this specification shall be subject to inspection by the CONSTRUCTION MANAGER. All parts of the work shall be accessible to the CONTRACT MANAGER. Defective work shall be corrected to the satisfaction of the CONTRACT MANAGER. ADD Subsection 500-1.1.1.1 DESIGN CRITERIA AND TESTING REQUIREMENTS: All pipe shall be designed per ASTM 1216 and 1743. All design calculafions shall be provided to the Owner in the form of a submittal for review. The lining system utilized shall incorporate a seamless or fused (chemically or heat) seamed liner system between manholes and shall be a tight molded liner with an annulus gap not greater than 1/32 - inch. The cut ends of the mainline liner inside inlets or pipe shall be fully sealed between host pipe and the liner. /\ Revised 11 /24/10 Contract No. 6602 and 6607 Page 122 of 130 W 500-1.1.2 SUBMITTALS: Add the following: Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit manufacturer's certificate(s) indicafing that the supplied materials meet the requirement of the Specificafions, and a certificate of compliance from an independent, third part lab that proposed resin/tube composite meets the chemical resistance requirements of ASTM D5813 and that the creep reducfion factor used for the long term fiexural modulus calculafion has been verified by testing per ASTM D790. The installation of the storm drain lining shall be performed by a CONTRACTOR licensed/certified by the manufacture/owner of the process. The CONTRACTOR is required to submit for all manufacturers for which they are licensed/certified a copy of the license and a letter from the manufacture stating the name, address, point of contact, and telephone number for City's verificafion. Failure to provide this complete documentation within 10 calendar days of receipt of the Award of Contract will be cause for delay of contract award and will result in the bid being declared non-responsive. Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit contractual required documentation that a minimum of one (1) miles, on a single project, of work similar in scope for the CIPP rehabilitafion methods proposed, has been successfully performed by the CONTRACTOR and its personnel assigned to the liner installafion and curing, ufilizing the CONTRACTOR'S proposed rehabilitation system for this project. The CONTRACTOR shall identify the employees i.e. Project Manager, Superintendent, Foreman, etc.; that will be assigned to this project and provide reference. The CONTRACTOR'S Project Manager and V Superintendent shall be assigned full time to this project and be present in the City while work is being performed. The CONTRACTOR shall have a minimum of three (3) years of continuous experience installing CIPP liners in pipe of a similar size, length and configurafion as contained in this contract. Within 10 days of issuance of Award of Contract, the CONTRACTOR shall submit contractual required documentation of 500,000 linear feet of successful stormwater collection system installations in the U.S. of the proposed rehabilitation system to safisfy the contractual requirement of the products commercial viability and CONTRACTOR capability. Within five (5) days after Award of Contract, the CONTRACTOR shall submit to the City, Design Calculations for the pipe liner for approval. The Design Calculations shall be in accordance with ASTM F1216, Appendix XI for fully deteriorated pipe. The pipe, liner shall be designed to support hydraulic, soil, and live loads based on a minimum 10' burial depth to top of pipe and highway loading per AASHTO. If local conditions impose greater loads, the greater loads shall be used. Local conditions may include depth greater than 10 feet, groundwater or other loadings. Prior to rehabilitation, the CONTRACTOR shall submit drawings of construction details and all other submittals per 2-5.3. The shop drawings shall include the locafion and method of rehabilitation with sufficient detail to assure that the work can be accomplished without damage to the surrounding area. For CIPP Glass Reinforced Plastic (GRP) liner, the shop drawings shall detail short and long term properties (providing all supporting rest data) of all component materials and construction and recommendations for material storage and temperature control, CIPP liner handling, ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 123 of 130 insertion, curing, trimming and finishing. The submittal shall also include structural calculafions for the liner size, the recommended thicknesses, and the method and equipment used. Provide detail method for addressing sampling requirements, including manufacturer's recommended installation procedures. At each repair locafion, at least two days prior to commencing the rehabilitation work, the CONTRACTOR shall submit written verification the pipe secfions to be rehabilitated are free of obstructions, debris and is suitable for performing the pipe liner restoration repairs. 500-1.1.4 CLEANING AND PRELIMINARY INSPECTION: DELETE the last sentence of the last paragraph and ADD the following: Contractor shall clean and perform preliminary inspection a minimum of two weeks prior to planned installation of liner to allow for grouting and pipeline repairs. Dates of cleaning and preliminary inspection shall be included in schedule. Should hazardous waste material be encountered, the CONTRACTOR shall be responsible for developing a health and safety plan for the handling and disposal of hazardous waste. Any hazardous waste material encountered during the project shall be placed on eight (8) mil plasfic sheet and covered with eight (8) mil plasfic sheet. The CONTRACTOR shall protect any hazardous waste from contaminating the area due to any surface runoff and/or precipitation. The Contractor shall dispose of the waste at a landfill approved by the City. If temporary stockpiling of hazardous waste is allowed by the Engineer, the CONTRACTOR shall contain the waste in a fenced area that is inaccessible to the general public. The CONTRACTOR shall examine the site conditions to determine if pipeline re-cleaning may be necessary immediately prior to pipeline rehabilitation. Site condifions include, but are not limited to size of pipe, type of pipe, age, and conditions of pipe, grade, fiow condifions, weather condifions, locations and number of feeder lines connecting to the line to be rehabilitated and the type of rehabilitation method chosen are all important considerafions for determining the maximum allowable fime lapse between line cleaning and line rehabilitafion. The CONTRACTOR shall examine the site condifions. Site conditions include, but are not limited to size, of pipe, type of pipe, age and condition of pipe, grade, flow condifions, weather condifions, location, and the type of rehabilitation method chosen and are all important considerations for determining the maximum allowable fime lapse between line cleaning and line rehabilitafion. 500-1.1.5 TELEVISION INSPECTION: ADD the following: The CONTRACTOR shall videotape the pipeline and submit on DVD format for OWNER'S review at the following: • Pre-construction of areas adjacent to construction • post cleaning of the storm drain, • post lining of the storm drain • final video shall include: post main lining, post sealing of mainline cut ends at inlets and post sealing of lateral connecfions. Revised 11/24/10 Contract No. 6602 and 6607 Page 124 of 130 Final videotaping shall be performed after complete system installafion and five (5) days prior to the final walk through inspection. Final color video shall be submitted on DVD format. The camera head shall have a rotary head with rotafional, pan and tilt movement in order to allow a full circumferenfial inspection and observe all portions of the pipeline. It shall have a high resolufion lens capable of spanning 360 degrees circumference and 270 degrees on a horizontal axis to televise pipelines. Optical focal distance shall be adjustable through a range of 1-inch to infinity. The camera source image capture shall provide a high resolufion image with a minimum of 320x240 pixels capture. The camera shall cleariy show all condifions and defects. The purpose of the rotating head camera is to view all service connections, and to locate all defects, as well as any pipeline problem condifions. The CONTRACTOR shall stop for at least 15 seconds to properly document the condifion of the lateral, size and locafion, and observed structural defects such as misalignment, offset joints, protruding lateral taps, cracked pipe, roots in pipe, roots from laterals, sages in profile, and other pertinent obsen/ations as they are encountered. The camera will pause as necessary and pan/filt/rotate to cleariy show manhole condifion and structural defects from the channel and lower manhole area to the upper manhole area as viewable by the camera. The video shall be of a high resolufion quality, to be viewed on DVD reader system. Lettering 3/8- inch high and internal approval stamps of pipe manufacturers shall be clearly readable on the video. Confinuously displayed on the monitors and recorded on the video shall be the date of the survey, number designation of the manhole section being surveyed, identified fault conditions and a confinuous fonA/ard and reverse read-out of the camera distance from the manhole of the reference. Pipe conditional and fault informafion tied to pipe location shall also be recorded in the Report Access database record associated with each video. This informafion shall be in tabular form, and include but not be limited to the following informafion: pipeline run from upstream to downstream manhole, location of defects in feet from upstream manhole, descripfion of the defect, and other pertinent information. Location records shall also show all lateral connections. The camera operator shall record all fault conditions and other required information as an audio commentary on the tape. The audio portion of the file shall be sufficienfiy free from electrical interference and/or background noise so that the narration is completely intelligible. The audio shall remain accurate to the original source voice through the digital video processing. The audio narrative shall describe all notable defects found including the locafion in feet from the upstream manhole and type of each defect. A QA/QC procedure by the CONTRACTOR shall be developed to ensure high quality results from the televising. The CONTRACTOR shall provide reports of inspection results of pipeline televising and conditional assessments utilizing reporting software that is compafible with OWNER format requirements. The reporting software shall utilize a Microsoft Access Database. The inspection reports shall incorporate and ufilize a standardized NASSCO PACP rating system to be provided for comprehensive evaluation of pipeline and/or manhole condifion, i.e. a standardized listing of facility condifion and defect codes. The report shall utilize a Microsoft Access Database. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 125 of 130 The CONTRACTOR shall provide digital photos of representative pipeline condifions, captured during the CCTV televising. Representative photos of pipeline condifions shall be taken with a minimum of four (4) photos for every section of pipeline between manholes. In addifion, photos shall be taken of serious defect locafions, with these defects to be defined by the OWNER. When these condifions are noted, the CONTRACTOR shall notify the OWNER of the need for emergency repair requirements. The Digital photo files shall be annotated with the pipeline number and stafion of the defect. Photos shall be attached to the inspection reports to be provided in both hard copy and in an electronic format consistent with OWNER requirements. Within two (2) working days after the television inspecfion of each individual reach documented on a particular videotape, the CONTRACTOR shall deliver to the ENGINEER the DVD for review. Three (3) working days shall be allowed for the City to judge whether the deficiencies are repairable, in place. If the judgment is made that the deficiencies are non-repairable in place, the affected portion(s) shall be reconstructed. Due to the nature of the work, the CONTRACTOR shall provide a self-propelled camera, capable of extended videotaping lengths and operafion in remotely accessed areas without direct vehicular access. The CONTRACTOR shall provide all video (with audio) in digital file format on DVDs. The CONTRACTOR shall provide an inifial submittal at the start of televising work demonstrafing the typical video and audio quality to be provided for approval by the OWNER. This submittal shall note any proposed changes to the specification listed below regarding video format, data processing compression or other condition for review and approval by the OWNER. One file shall be provided for each manhole to manhole pipe segment (or for each manhole to manhole inspecfion video). The filename shall incorporate the unique facility identifier (to be provided by the OWNER) and the date of the inspection. The facility identifier numbers will be manhole numbers, with adjacent manhole numbers identifying pipe sections. A single video record on DVD disc shall be provided for each pipe section. The camera source image capture shall provide a high resolution Image with minimum of 320x240 pixels capture. The video shall be at least 23.97 frames per second. The video will be captured and compressed so as to reduce file size as much as possible while still meeting the needs of the OWNER. The compression shall be per MPEG-2 format. The video files shall be highly compressed, resulting in an anticipated average file size of 10 MB per minute of video. The compression shall not significantly degrade the sfill frame quality of the video or audio signal from the original source video, as judged in a side by side viewing under normal viewing conditions. OWNER staff will be responsible for integrating the digital files within applicafions to facilitate access and vexing of the video files by end users. Revised 11/24/10 Contract No. 6602 and 6607 Page 126 of 130 Continuously displayed and recorded on the final video shall be the actual ID of the newly rehabilitated pipe shown. The pipe size shall be determined by field measurement of the installed system. 500-1.1.6 SAMPLING. TESTING AND INSTALLATION: Add the following: The CONTRACTOR shall perform tests on all rehabilitated facilities and submit test results for the review and approval of the Engineer. Pipe secfions for sampling shall be produced by the restrained sample method at a locafion of convenient access, unless other methods are approved in writing by the Engineer. Pipe liner samples shall be prepared and physical properties tested in accordance with either ASTM F1216, ASTM F1743, and/or ASTM F2019. The fiexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. Visual inspection of the pipe liner shall be in accordance with ASTM F1743, Secfion 8.6. The following parameters shall be assumed for the GRP liner design: 1. Modulus of soil reaction, E's = 1,500 psi (fully deteriorated) 2. Unit weight of soil= 140pcf 3. The minimum ovality for straight runs shall be 2.0 percent 4. ASSHTO H20 traffic loads 5. AREMA E-80 railroad loads 6. No allowance for ground water 7. Factor of Safety, N=2.0 For CIPP using GRP liner, the wall thickness of the material tube shall be ordered to the next standard 1.0 mm incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migrafion, the gap thickness of the wetfing-out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnafion. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the GRP fiat plate sample using a method of measurement accurate to the nearest 0.005 inch. The cured sample shall be tested by an independent testing laboratory, as recommended by the CIPP liner manufacturer and approved by the Engineer, for the bending and tensile properties, as per ASTM D790 and ASTM D638 respectively. Unless OthenA/ise noted, no separate compensation will be paid for testing; the tesfing costs are to be included in the related pay items. If the work shall fail to pass the tests, it is the Contractor's responsibility to correct the work and re-test with no additional compensafion to the City. If within the warranty period, any section of the storm drain system is not acceptable due to subsequent excessive leakage or any other defects, although originally accepted, the Contractor shall repair or replace the affected portion at no cost to the City. It is understood that wrinkles in the finished liner pipe with GRP which cause a backwater of one (1) inch or more or reduce the hydraulic capacity of the pipe (Wrinkles which exceed five (5) percent of the pipe diameter) are unacceptable and shall be removed or repaired by the Contractor at no additional cost to the Owner, Wrinkles in the finished liner pipe that reduce the structural stability of the pipe are unacceptable. If a void between the wrinkle and the pipe exists, the Contractor shall repair or replace that secfion of the pipe at no addifional cost to the Owner. Methods of repair shall be proposed by the Contractor and submitted to the Engineer for review. /\ ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 127 of 130 If the Contractor fails to do such work as required, the Surety shall be liable for said costs of repair or replacement. 500-1.1.9 MEASUREMENT AND PAYMENT. Payment for Pre- and Post Cleaning / Construction CCTV Inspecfion and DVD shall be made at the lump sum price bid, and shall include full compensafion for all labor, equipment, materials, and no other compensation will be allowed therefore. 500-1.4.1 GENERAL: Revise the first sentence to Read: CIPP liner for rehabilitafion of pipelines shall use an approved vinylester-resin-impregnated fiexible tube installed by an inversion method using a hydrostatic head per ASTM F1216 or a pull in method per ASTM F1743, or a resin impregnated fiberglass (GRP) material tube with a plastic coated wearing surface per ASTM F2019 and Fl 216. CIPP GRP liner shall be Light Stream ™ as manufactured by International Pipe Lining Technologies, or approved equal. The minimum thickness for fiexible tube shall comply with ASTM F1216, and F2019 and secfion 500-1.1.6 of these special provisions. 500-1.4.2 MATERIAL COMPOSITION AND TESTING: Add the following: Vinylester resign-impregnated CIPP liner felt shall have the following minimum physical properties: Fiexural Strength (ASTMD 790) 4,500 psi Fiexural Modulus (ASTMD 790) Inifial: 250,000 psi Long Term: 125,000 psi GRP liner shall have the following minimum initial physical properties: Fiexural Strength (ASTMD 790) 25,000 psi Fiexural Modulus (ASTMD790) 1,300,000 psi The CIPP shall be designed as per ASTM F 1216, Appendix XI, with the following addifional requirements: The CIPP design shall assume no bonding the original wall pipe. External Hydrostatic Design - Acceptable third party tesfing and verification of the enhancement factor, K, (equation 1- ASTM F 1216) shall be submitted the manufacturer and/or liner product. Secfions 500-1.2.6, 500-1.4.4 and 500-1.4.6 are hereby added: 500-1.2.6 - INSTALLATION and FIELD INSPECTION: Add the following: CIPP using GRP liner installations requirements: ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 Page 128 of 130 The contractor shall not "wet-out" liner at the construction site because of external influences such as heat, no possibilities to control vacuum and correct mixture of resin. The Contractor shall ensure that the pressure inside of the CIPP tube exceeds the pressure due to groundwater. The liner shall be installed by the pull/winch method. The contractor shall make sure that at no time resin can come in contact to the groundwater in cause of environmental issues. Preparing the old pipe or inversion of a preliner is part of the installation and is included without any additional costs. Pull/Winch Method: Prior to pulling the liner in, a protective foil has to be installed. The 'liner tube shall be impregnated with resin and lowered into the manhole/inlet. The tube shall then be pulled into position within the existing pipe with the aid of a power winch that is equipped with a device to monitor the force and prevent excessive tension and tube elongafion as determined by the liner manufacturer. The pipe shall then be inflated with air. The inliner has to be inspected immediately before starting the curing process. 500.1.4.4 CHEMICAL RESISTANCE: Add the following:: For GRP liner the chemical resistance tests should be completed in accordance with Test Method D543. Exposure should be for a minimum of one month at 73.4 degrees F. During this period, the CIPP test specimens should lost no more than 20 percent of their initial fiexural strength and fiexural modulus when tested in accordance with Secfion 8 of ASTM F 1216 or ASTM Fl 743, whichever is applicable, when subjected the following solufions: Chemical Solution Concentrafion, percent Tap Water (pH 6-9) 100 Nitric Acid 5 Phosphoric Acid 10 Sulfuric Acid 10 Gasoline 100 Vegetable Oil 100 Detergent 0.1 Soap 0.1 Proof of meeting these requirements shall be provided the engineer for approval at least seven (7) days prior to commencement of work. 500-1.4.6 CURING-Add the following: For CIPP using GRP liner, pre-curing video inspecfion of the infiated liner must be recorder and the enfire length of the liner must be recorded including the liner section that the light chain occupies at any one fime. Two cameras must be located on the light chain, on the front and one on the rear of the light chain to insure the entire length of the liner has been properly infiated and any liner problems can be identified as the light curing device moves in the curing direction. Curing must be done under UV light only. The curing process shall follow a sep cure or similar approach recommended by the manufacturer and approved by the Engineer, and Revised 11/24/10 Contract No. 6602 and 6607 Page 129 of 130 shall be held at the top step for an adequate length of time as determined by the liner manufacturer to ensure that he design physical properties are attained. Pressure temperature and curing process shall be monitored by both, computer and video at any time as determined by the liner manufacturer. A procuring video must be supplied of two views, one view of pre-liner inspection and the other a fonA/ard video during the curing process itself. Add the following WATER DISCHARGE: Effluent from the curing process must be disposed of in full compliance with state and federal regulatory requirements at either the City's treatment facility (Encina Wastewater Authority) or an outside recycling facility that will accept effluent from the curing process at no additional cost to Owner. The Contractor shall obtain necessary permits, approval and pay all fees for disposal of effluent from the curing process. In addition. Contractor shall provide written documentafion showing that the effluent content complies with acceptable disposal requirements, a copy of which must be submitted to the Owner for each rehabilitated pipeline, or each day of lining work. ADD: 500-1.4.9 Defect Tolerances: During post installafion video the new liner shall be examined to determine the existence of liner defects. Liner defects shall include but not be limited to fins, wrinkles, imperfecfions, areas of uncured resin, or areas of incomplete resin impregnafion. A fin or wrinkle shall be defined as a defect when it penetrates inside the pipe more than 1.50 inch from the inside wall curvature of the new liner that is juxtaposed to the fin or wrinkle. A remedial repair and/or replacement action plan shall be submitted by the Contractor to the Owner for review and approval for ANY defect prior to any corrective action. Failure to obtain Owner's approval of the corrective plan may result in rejecfion of the liner and replacement with a new liner or a new pipe (if required). 500-2.1.2 MEASUREMENT AND PAYMENT: ADD the following: The Contractor Unit Price bid shall also include the pipeline high-pressure water blasfing and cleaning, and tesfing. Revised 11 /24/10 Contract No. 6602 and 6607 Page 130 of 130 APPENDIX "A" CITY OF CARLSBAD WASHINGTON STREET STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carisbad's ongoing program to maintain its storm drain system, rehabilitation of the Washington Street Storm Drain is scheduled in your neighborhood. In order to keep the street open, no on-street parking will be permitted between XXPM and XXAM Monday night through Friday, from , 2011 thru , 2011 ABC is the Contractor that will be performing the construcfion for the city and you may call them at the above phone number if you have any quesfions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construcfion Updates will be available on the City of Carlsbad web site at www.carisbadca.gov. Thank you for your cooperation as we work to make a better City of Carisbad. Contractor to provide a map of the project on the back of the Doorhanger/Pocket Card indicating the days when sections will be removed and replaced. Revised 11/24/10 Contract No. 6602 and 6607 APPENDIX "B" CITY OF CARLSBAD BADAJOZ PLACE STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carisbad's ongoing program to maintain its storm drain system, rehabilitation of the Badajoz Place Storm Drain is scheduled in your neighborhood. In order to keep the street open, no on-street parking will be permitted between XXPM and XXAM Monday night through Friday, from , 2011 thru , 2011 ABC is the Contractor that will be performing the construcfion for the city and you may call them at the above phone number if you have any quesfions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construcfion Updates will be available on the City of Carisbad web site at www.carisbadca.gov. Thank you for your cooperafion as we work to make a better City of Carisbad. Contractor to provide a map of the project on the back of the Doorhanger/Pocket Card indicating the days when sections will be removed and replaced. *r Revised 11/24/10 Contract No. 6602 and 6607 APPENDIX "C" CITY OF CARLSBAD ELMWOOD STREET STORM DRAIN REHABILITATION ABC CONTRACTORS OFFICE # (760)XXX'XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carisbad's ongoing program to maintain its storm drain system, rehabilitation of the Elmwood Street Storm Drain is scheduled in your neighborhood. In order to keep the street open, no on-street parking will be permitted between XXPM and XXAM Monday night through Friday, from .2011 thru ,2011. yABC is the Contractor that will be performing the construcfion for the city and you may call them at the above phone number if you have any questions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construcfion Updates will be available on the City of Carisbad web site at www.carisbadca.gov. Thank you for your cooperafion as we work to make a better City of Carisbad. Contractor to provide a map of the project on the back of the Doorhanger/Pocket Card indicafing the days when sections will be removed and replaced. ^¥ Revised 11/24/10 Contract No. 6602 and 6607 APPENDIX "D" CITY OF CARLSBAD LA COSTA AVENUE STORM DRAIN REHABILITATION A8C CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear Merchant/Resident: As a part of the City of Carisbad's ongoing program to maintain its storm drain system, rehabilitafion of the Elmwood Street Storm Drain is scheduled in your neighborhood. In order to keep the street open, no on-street parking will be permitted between XXPM and XXAM Monday night through Friday, from , 2011 thru . 2011. ABC is the Contractor that will be performing the construcfion for the city and you may call them at the above phone number if you have any quesfions regarding the project. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Construcfion Updates will be available on the City of Carisbad web site at www.carisbadca.gov. Thank you for your cooperafion as we work to make a better City of Carisbad. . Contractor to provide a map of the project on the back of the Doorhanger/Pocket Card indicating the days when secfions will be removed and replaced. "nuiilii't*' ^¥ Revised 11/24/10 Contract No. 6602 and 6607 W APPENDIX "E" Standard Plans ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 VOLUME 3 - STANDARD DRAWINGS & SPECIFICATIONS CHAPTER 2 - CITY OF CARLSBAD MODIFICATIONS TO THE SAN DIEGO REGIONAL STANDARD DRAWINGS Note: The minimum allowable concrete mix design for all concrete placed within public right- of-way shall be 560-C-3250 as specified in the Standard Specifications for Public Works Construction. DWG MODIFICATION D-2 Enlarge curb inlet top to width of sidewalk (not to exceed 5'6") by length of inlet including wings. Exisfing reinforcing steel shall be extended across enlarged top to clear distances shown. D-20 Delete. D-27 Add: A maximum of three (3) combined oufiets in lieu of Std. D-25. D-40 Add: "T" dimension shall be a minimum of three (3) fimes size of rip rap. D-70 Minimum bottom width shall be 6' to facilitate cleaning. D-71 Minimum bottom width shall be 6' to facilitate cleaning. D-75 Delete "Type-A" Add: 6" x 6" x #10 x #10 welded wire mesh, instead of stucco netting. E-1 Delete direct burial foundafion. Add: The light standard shall be pre-stressed concrete round pole. E-2 Grounding per note 2. Attachment of the grounding wire to the anchor bolt shall be below the light standard base plate with an approved connection. G-3 Delete. G-5 Add: Note 4. Tack coat shall be applied between dike and exisfing asphalt concrete surface as specified in Section 302-5.4 SSPWC. G-6 Type B-1 not used. When specified, Type B-2 shall have a curb height ofS", width of 6", with a 3:1 batter. When specifically approved by the City Engineer, Type B-3 shall have a curb height of 8", width of 6", a 3:1 batter with the hinge point eliminated. G-11 Add: Remove curb/gutter and sidewalk from score-mark to score-mark or from joint-to-joint or approved combinafion. Volume 3 - Chapter 2 1 of 2 CITY OF CARLSBAD MODIFICATIONS TO THE SAN DIEGO REGIONALSTANDARD DRAWINGS (CONTINUED) DWa MODIFICATION G-12 Add: smooth trowel flow line (typical) 7-1/2" thick with a minimum of 6" of aggregate base per City of Carisbad Standard GS-17. G-13 Add: smooth trowel flow line (typical), 7-1/2" thick, with a minimum 6" of aggregate base per City of Carisbad Standard GS-17. G-14 Change: Residential Thickness = 5-1/2" Commercial/Multi-Family Residenfial Thickness = 7-1/2" G-15 Delete requirement 3 G-24 Replaced with Carisbad Standard Drawing GS-25 G-25 "Type-C" only (delete "Type D") \^ G-26 Change thickness from 5-1/2" to 7-1/2" and add minimum 4" Class 11 base under curb/gutter (to 6" past back of curb). G-33 Delete G-34 "Type-C" only (delete "Type D") G-35 "Type-F" only (delete "Type E") M General: Agency shall be "City of Carisbad" M-2 Add: To be used only with specific approval of the City Engineer. Volume 3 - Chapter 2 2 of 2 #13 (#4)@ 152mm (6") both ways [~~" ( "^^i^Liitz/yinn rq 229mm (9") Rounded pipe ends See drawing D-61^>^| 12:1 B 30 D Lap (Typ) SECTION A-A Manhole frame and cover, See drawing M-2 Elev. shown on plans 279mm (11") unless shown otherwise on plans 4-#13 around Optional construction joint 152mm (6 j min above invert Slope floor 12:1 towards outlet i 229mm _I_ (9") > 'Elev shown on plans h- 130 DI Lap (Typ) SECTION B- 4-#13 (#4) around opening 610mm (2') PLAN NOTE: 1. See Standard Drawing D-11A <Sc 11B for additional notes and details. When V exceeds 1.22m (4') steps shall be installed. See Standard Drawing D-11 for details. Exposed edges of concrete shall be rounded with a radius of 13mm (1/2"). Construct openings on both sides unless otherwise shown on plans. Maintain 38mm (1-1/2") clear spacing between reinforcing and surface. Install 25mm (1") steel protection bar. Diameter "D" shall be 457mm (18") max, for larger diameter pipes this drawing must be modified. LEGEND ON PLANS = =4o Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^pf/fet/^AiJ 3lot12003 ORIGIN/y. Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^pf/fet/^AiJ 3lot12003 Add Metric T. Stanton 03/03 CATCH BASIN - TYPE F RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^pf/fet/^AiJ 3lot12003 Reformatted T. Stanton 04/06 CATCH BASIN - TYPE F Ch&irperson R.C.E. 19246 Date Edited T. Stanton 02/09 CATCH BASIN - TYPE F DRAWING n 7 NUMBER LJ" / CATCH BASIN - TYPE F DRAWING n 7 NUMBER LJ" / August 2009 Vertical reinforcing #13 (#4) ® 457mm (18") max. for horizontal reinforcing, see table on page D-1 IB. -38mm (1-1/2") Clearance, Typ 13mm (2") Typical TYPICAL BOX SECTION 102mm (4"> 254mm (10") 356mm (14") Approved steel reinforced polypropylene step STEP DETAIL NOTES 1. Concrete shall be 332kg/M-C-22-Mpa (560-C-3250) unless otherwise noted. 2. Reinforcing steel shall conn|>ly with this drawing unless otherwise specified. 3. Reinforcing steel shall be intermediate grade deformed bars conforming to latest ASTM specifications. 4. Bends shall be in accordance with latest ACI code. 5. Minimum splice length for reinforcing shall be 30 diameters. 6. Floor shall have a wood trowel finish and, except where used as junction boxes, shall have a minimum slope of 1:12 toward the outlet. 7. Depth V is measured from the top of the structure to the flowline of the box. 8. Wall thickness and reinforcing steel required may be decreased in accordance with table above. 9. Wall thickness shall be stepped on the outside of the box. 10. When the structure depth V exceeds 1.21m (4'), steps shall be cast into the wall at 381mm (15") intervals from 381mm (15") above floor to within 305mm (12") of top of structure. Where possible place steps in wall without pipe opening, otherwise over opening of smallest diameter. 11. Alternate step may be an approved steel reinforced polypropylene step. 12. Upon approval of the Agency and the Engineer, as defined by Section 6703 of the Business and Professions Code, the use of precast storm structures is acceptable as an alternate to cast-in-place. Precast units shall conform to ASTM standards and be manufactured in a permanent facility designed for that purpose. 13. Dimension 'T* shall be a minimum of 152mm (6"). 14. Typical reinforcement lap shall be 30 times the bar diameter minimum. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^P/fe<3Uj 3lot 12003 ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^P/fe<3Uj 3lot 12003 Add Metric T. Stanton 03/03 INLETS AND CLEANOUTS NOTES AND DETAILS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ ^^P/fe<3Uj 3lot 12003 Reformatted T. Stanton 04/06 INLETS AND CLEANOUTS NOTES AND DETAILS Ch&irperson R.C.E. 19246 Date Edited T. Stanton 02/09 INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n 11 A NUMBER U-IIA INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n 11 A NUMBER U-IIA August 2009 BOX SECTION REINFORCEMENT MAXIMUM SPAN X or Y DEPTH V THICKNESS T HOR. k FLR. REINF. 914mm (3'-0") to 1.22m (4*-0") 1.22m (4-0") 152mm (6") 152mm (6") 152mm (6") #13 (#4) d 457mm |t8") 1.24m (4-1") to 2.13m (7'-0") 1.22m (4-0") 152mm (6") 152mm (6") 152mm (6") #13 (#4) ® 305mm f2") 2.16m (7*-1") to 2.44m (8'-0") 1.22m (4-0") 152mm (6") 152mm (6") 152mm (6") #13 (#4) @ 203mm W) 914mm (3*-0") to 1.22m (4'-0") 1.24m to 2.44m (4'-l"to 8'-0") 152mm (6") 152mm (6") 152mm (6") 152mm (6") #13 (#4) ® 457mm [TB") 1.24m (4'-1") to 1.52m (5'-0") 1.24m to 2.44m (4'-l"to 8'-0") 152mm (6") 152mm (6") 152mm (6") 152mm (6") #13 (#4) ® 305mm |2") 1.55m (5'-r) to 1.83m (6'-0") 1.24m to 2.44m (4'-l"to 8'-0") 152mm (6") 152mm (6") 152mm (6") 152mm (6") #13 (#4) ® 203mm >") 1.85m (6'-r) to 2.44m (8'-0") 1.24m to 2.44m (4'-l"to 8'-0") 152mm (6") 152mm (6") 152mm (6") 152mm (6") #13 (#4) O 152mm IT) 914mm (3*-0") to 1.22m (4'-0") 2.46m to 3.66m (8'-r to 12-0") 152mm (6") 203mm (8") 203mm (8") 203mm (8") #13 (#4) ® 381mm |5") 1.24m (4'-r) to 1.52m (5'-0") 2.46m to 3.66m (8'-r to 12-0") 152mm (6") 203mm (8") 203mm (8") 203mm (8") #13 (#4) @ 305mm >2") 1.55m (5'-1") to 1.83m (6'-0") 2.46m to 3.66m (8'-r to 12-0") 152mm (6") 203mm (8") 203mm (8") 203mm (8") #13 (#4) ® 203mm >") 1.85m (6*-r) to 2.44m (8'-0") 2.46m to 3.66m (8'-r to 12-0") 152mm (6") 203mm (8") 203mm (8") 203mm (8") #13 (#4) ® 152mm f") 914mm (3'-0") to 1.22m (4*-0") 3.68m to 4.88m (12'-r to 16'-0") 203mm (8") 203mm (8") 203mm (8") 203mm (8") 203mm (8") #13 (#4) ® 305mm |2") 1.24m (4'-r) to 1.52m (5'-0") 3.68m to 4.88m (12'-r to 16'-0") 203mm (8") 203mm (8") 203mm (8") 203mm (8") 203mm (8") #13 (#4) @ 305mm |2") 1.55m (5'-1") to 1.83m (6'-0") 3.68m to 4.88m (12'-r to 16'-0") 203mm (8") 203mm (8") 203mm (8") 203mm (8") 203mm (8") #13 (#4) @ 203mm p") 1.85m (6'-r) to 2.13m (7'-0") 3.68m to 4.88m (12'-r to 16'-0") 203mm (8") 203mm (8") 203mm (8") 203mm (8") 203mm (8") #13 (#4) @ 152mm fT) 2.13m (7'-r) to 2.44m (8'-0") 3.68m to 4.88m (12'-r to 16'-0") 203mm (8") 203mm (8") 203mm (8") 203mm (8") 203mm (8") #13 (#5) ® 203mm |") 914mm (3-0") to 1.22m (4'-0") 4.90m to 6.10m (16'-r to 20'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 254mm (10") #13 (#4) ® 305mm |2") 1.24m (4*-r) to 1.52m (5-0") 4.90m to 6.10m (16'-r to 20'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 254mm (10") #13 (#4) ® 305mm |t2") 1.55m (5-1") to 1.83m (6'-0") 4.90m to 6.10m (16'-r to 20'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 254mm (10") #13 (#4) ® 203mm >") 1.85m (6-1") to 2.13m (7'-0") 4.90m to 6.10m (16'-r to 20'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 254mm (10") #13 (#4) ® 152mm p") 2.13m (7'-r) to 2.44m (8'-0") 4.90m to 6.10m (16'-r to 20'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 254mm (10") #13 (#5) ® 203mm |") 914mm (3'-0") to 1.22m (4'-0") 6.12m to 7.32m (20*-1" to 24'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 305mm (12") #13 (#4) ® 305mm |2") 1.24m (4*-1") to 1.52m (5*-0") 6.12m to 7.32m (20*-1" to 24'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 305mm (12") #13 (#4) ® 305mm >2") 1.55m (5-1") to 1.83m (6'-0") 6.12m to 7.32m (20*-1" to 24'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 305mm (12") #13 (#4) ® 203mm >") 1.85m (6-1") to 2.13m (7'-0") 6.12m to 7.32m (20*-1" to 24'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 305mm (12") #13 (#4) @ 152mm fD 2.13m (7-1") to 2.44m (8-0") 6.12m to 7.32m (20*-1" to 24'-0") 203mm (8") 254mm (10") 254mm (10") 254mm (10") 305mm (12") #13 (#5) ® 203mm >") HORIZONTAL <Sc FLOOR REINFORCING Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANMDS COMMITTEE ^ ^^:fS(<Ji^ 3l0tl2003 ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANMDS COMMITTEE ^ ^^:fS(<Ji^ 3l0tl2003 Add Metric T. Stanton 03/03 INLETS AND CLEANOUTS NOTES AND DETAILS RECOMMENDED BTIHE SAN DIEGO REGIONAL STANMDS COMMITTEE ^ ^^:fS(<Ji^ 3l0tl2003 Reformatted T. Stanton 04/06 INLETS AND CLEANOUTS NOTES AND DETAILS Chairperson R.C.E.19246 Date INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n 11D NUMBER i^- 1 1 tJ INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n 11D NUMBER i^- 1 1 tJ August 2009 #13(#4) 76mm (3") O.C #13(#4) X 915mm (3') May be open channel Jtnm (1-1/2") Remoe existing curbvid gutter and nnstruct gutter monolithic with curb outlet 76mm (3") X 76mm (3") Construction Join 76mm |^ 76mm (3"^ 152mm (6")— (3') SECTION B-B ANCHOR DETAIL 64mn (2-1/2") x 51 mm (2") x 6mm (1/4T « 1.44m (4') GalvaiEed Steel Angle NOTES 1. Concrete shall be 332 kg/M'-C-22Mpa (560-0-3250) 2. D=inside diameter of pipe or depth of channel. 3. Section to be sloped laterally with top conforming to the grades of the existing sidewalk and curb. 4. Manhole frame and cover may be deleted with open channel. 5. Trowel finish top surface and reproduce markings of existing sidewalk and curb. 6. Trowel finish floor of outlet. 7. Provide 6mm (1/4") tooled groove in top slab in line with back of curb. LEGEND ON PLANS Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED Bl THE SAN DIEGO REGIONAL STANDODS COMMITTEE ^ ^Pt^^^t^ 3l0tl2003 ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED Bl THE SAN DIEGO REGIONAL STANDODS COMMITTEE ^ ^Pt^^^t^ 3l0tl2003 Add Metric T.Stanton 03/03 CURB OUTLET - TYPE A RECOMMENDED Bl THE SAN DIEGO REGIONAL STANDODS COMMITTEE ^ ^Pt^^^t^ 3l0tl2003 Reformottec T.Stonton 04/06 CURB OUTLET - TYPE A Ch&irperson R.C.E.19246 Dote Revised T.Stanton 11/08 CURB OUTLET - TYPE A DRAWING n OR NUMBER LI ZD CURB OUTLET - TYPE A DRAWING n OR NUMBER LI ZD August 2009 254mm A-*—J (10") _ S/2 (305mm (!') min) -J^ |^ Rounded Pipe Ends, see Drawing 1-61 DOUBLE PIPE ELEVATION SECTION A-A SINGLE PIPE ELEVATION C.S.P. t>RCi\ SIZE Metric (inches) A mm ft./in. B mm ft/m. H m ft./in. SINGLE DOUB LE C.S.P. t>RCi\ SIZE Metric (inches) A mm ft./in. B mm ft/m. H m ft./in. L m ft. Concrete cu m CY. m ft./in. Increte am CY. 450mmx275mm (18x11) 610 (2-0') 356 (1-2") 1.19 (3-11") 1.83 (6') 0.64 (0.83) 2.21 (7-3") OB (0.97) 525mmx375mm (21x15) 610 (2-0") 406 (1-4") 1.24 (4-3") 2.13 (r) 0.83 (1.08) 2.95 (9-8") If (1.46) 600mmx450mm (24x18) 610 (2*-0") 457 (1-6") 1.32 (4-6") 2.44 (8') 1.08 (1.41) 3.51 (11-6") Ifi (1.98) 700mmx500mm (28x20) 762 l2'-6") 508 (1'-8") 1.52 (5-2") 2.74 (9*) 1.51 (1.97) 3.81 (12-6") 2K (2.66) 875mmx600mm (35x24) 762 (2-6") 610 (2-0") 1.63 (5-6") 3.05 (10') 1.96 (2.56) 4.37 (14-5") m (3.60) NOTES 1. Concrete shall be 332 kg/M^-C-22Mpa (560-C-3250) 2. Exposed corners to be chamfered 19mm (3/4"). LEGEND il PLANS Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ J^:^^^(<f^ 3/0fl2003 ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ J^:^^^(<f^ 3/0fl2003 Add Metric T. Stanton 03/03 STRAIGHT HEADWALL - TYPE B (C.S.P. - ARCH PIPE ) RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ J^:^^^(<f^ 3/0fl2003 Reformatted T. Stanton 04/06 STRAIGHT HEADWALL - TYPE B (C.S.P. - ARCH PIPE ) Chairperson R.C.E.19246 Date Edited T. Stanton 02/09 STRAIGHT HEADWALL - TYPE B (C.S.P. - ARCH PIPE ) DRAWING n TT NUMBER STRAIGHT HEADWALL - TYPE B (C.S.P. - ARCH PIPE ) DRAWING n TT NUMBER August 2009 152mii 610mm (24"min) (6") Bottom may be rounded at the option of the contractor. — TYPE A -3"279kg/M5-C-14-Mpa (470-C-2000) concrete or 76mm (3") 17 Mpa (2500psi), air placed concrete with 38mm (1-1/2") x 38mm (1-1/27 17 gage stucco netting. BROW DITCH TYPE B Bottom may be rounded at the option of the contractor. TYPE C 3" 470-C-2000 concrete or 3" 2500 psi, air placed concrete with 38mm (1 l/2")x38mm (1-1/2")- 17 goge stucco netting. TERRACE DITCH TYPE D NOTES 1. Longitudinal slope of lined ditch shall be 2% minimum. 2. Over slope down ditches shall employ 152mm (6") thickened edge section at both sides of ditch. LEGEND 01 PLANS Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BYWE SAN DIEGO REGIONAL STAND/BS COMMITTEE ^ 'J^m^i^M^3m2003 ORIGINAL Kercheval 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BYWE SAN DIEGO REGIONAL STAND/BS COMMITTEE ^ 'J^m^i^M^3m2003 Add Metric T. Stanton 03/03 DRAINAGE DITCHES RECOMMENDED BYWE SAN DIEGO REGIONAL STAND/BS COMMITTEE ^ 'J^m^i^M^3m2003 Reviewed T. Stanton 04/06 DRAINAGE DITCHES Chairperson R.C.E. *246 Date DRAINAGE DITCHES DRAWING n 7R NUMBER DRAINAGE DITCHES DRAWING n 7R NUMBER August 2009 —\l—.571mm Dia V (22.69*^) Dia f- Drill and tap for 16mm (0.625") X 20 UNC Thread. 38mm (1.50") Deep Cbore 41mm (1.625") Dia. X 16mm (0.625") Deep -i—28mm (1.12") Cover See 0-Ring Groove Detail Drill and tap for 16mm (0.625") X 20 UNC Theard. 38mm (1.50*0 Deep Cbore 41mm (1.625") Dia. X 16mm (0.625") Dee| Outer Cover :Tmm (0.82") M-1 Detail: COVER TO FRAME See O-Rin Groove Detal -VilV.m Bis Drill and tap for 16mm (0.625") X 20 r—UNC Thread. 38mm (1.50") Deep Cbore 41mm (1.625") Dia. X 16mm (0.625") Deep A 914mm Dia. (RefJ. V (36") Dia. (Ref.) Frame 923mm Dia.- (36.32" Dia.) M-3B Detail: OUTER COVER TO FRAME See 0-Rini Groove Detail -\j—Dia. -A M-3A Detail: INNER COVER TO OUTER COVER 3mii (0.125") R Grove 2.-*m (0.094") Bolt Position Indicator •1 COVER AND FRAME BOLT PUCEMENT (See Note 3) M-3 CONCENTRIC COVERS AND FRAME BOLT PUCEMENT (See Note 3) NEOPRENE 0-RING GROOVE DETAIL NOTES: 1. 16mm (0.625") X 20 UNC THREAD, ST6 STAINLESS STEEL SOCKET HEAD CAP SCREW ANDJBmm (1.50") O.D. X 17mm (0.687") I.D. X 0.078 '•CK 316 STAINLESS STEEL WASHER. 2. 6mm (0.25") NEOPRENE 0-RING GAStT SHALL BE GLUED INTO MACHINED GROOVE. GLU SHALL MEET THE REQUIREMENTS OF MIL-M-81288^END. 1) 3. BOLTDOWN PATTERNS: • M-1 DETAIL (610mm (24") COVER 4 FRAME): INSTALL TWO (2) BOLTS AT 180 DEGFBS. • M-3A DETAIL (CONCENTRIC COVERS): BETWEEN INNER AND OUTER COVERS BTALL TWO (2) BOLTS AT 180 DEGREES. • M-3B DETAIL (OUTER COVER & FRAM^ BETWEEN OUTER COVER & FRAME INSMl FOUR (4) BOLTS AT 90 DEGREES. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ S/Of/2003 ORIGINAL Parkinson 2/95 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ S/Of/2003 Add Metric T. Stanton 03/03 MANHOLE COVER - LOCKING DEVICE RECOMMENDED BTIHE SAN DIEGO REGIONAL STANDBS COMMITTEE ^ S/Of/2003 Reviewed T. Stanton 04/06 MANHOLE COVER - LOCKING DEVICE Chairperson R.C.E.19246 Date MANHOLE COVER - LOCKING DEVICE DRAWING y A NUMBER MANHOLE COVER - LOCKING DEVICE DRAWING y A NUMBER August 2009 W APPENDIX "F" CEQA Compliance Revised 11/24/10 Contract No. 6602 and 6607 CITY OF ^ CARLSBAD Memorandum RECEIVED July 7, 2011 J^L 0 7 201! TRANSPORlAilON To: Sherri Howard, Associate Engineer DEPARTMENT From: Pam Drew, Associate Planner'?^^ Via ^^JiJ^Bve De Cordova, Principal Planner Re: EA 11-10-CMP REPLACEMENT PROGRAM Thank you for submitting an Early Assessment to rehabilitate sections of 12-, 18- and 36-inch corrugated metal pipeline by installing a cured-in-place liner at three different locations. The three projects and locations are as follows: 1) The 12-inch pipeline is located under Elmwood, south of Buena Vista Way. A cured in place liner will be installed to repair approximately 60 lineal feet of deteriorated pipe. 2) The 18-inch pipeline is located under Badajoz Place, south of La Costa Avenue. A cured in place liner will be installed to repair approximately 305 lineal feet of deteriorated pipe. In addition, the project includes the removal and replacement of the existing catch basin and curb outlet located on the south side of La Costa Boulevard. 3) The 36-inch pipeline runs under NCTD's railroad tracks located adjacent to Oak Avenue and Washington Street. A cured in place liner will be installed to repair approximately 60 lineal feet of deteriorated pipe. In addition, the project includes the demolition of the existing headwall and the construction of a new debris and headwall on the west side of the railroad tracks. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of an Early Assessment is to provide you with direction and comments on the overall concept of your project. This Early Assessment does not represent an in-depth analysis of your proiect. It is intended to give vou feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards mav be in effect and additional issues of concern may be raised through a more specific and detailed review. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax EA 11-12 - CMP REPLACEMENT PROGRAM July 7, 2011 Page 2 Planning: General 1. Two of the three project areas are located within the coastal zone. However, repair and maintenance activities not described in C.M.C. Section 21.201.070 do not require a Coastal Development Permit (CDP). This includes repair and maintenance activities that are not located in sensitive habitat areas or adjacent to coastal bluffs or waters. The projects are within existing improved and developed areas. In addition, no increase in capacity will occur with the lining projects and therefore the projects will not require a CDP. 2. The project will not need any permits from Planning; however, the project must comply with C.M.C. Chapter 8.48 - Noise, which regulates permitted hours for construction. 3. The project is exempt from environmental review per CEQA Guidelines Section 15301(b), concerning repair and maintenance of existing facilities. Land Development Engineering: None All necessary application forms and submittal requirements are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. If you would like to schedule a meeting to discuss this letter with your staff planner, please contact Pam Drew, Associate Planner at ext. 4644, or your staff engineer, Tecia Levy, Associate Engineer, at ext. 2733. DD:PD:bd c: Don Neu, City Planner Scott Donnell, Senior Planner Bill Plummer, Deputy City Engineer TecIa Levy, Associate Engineer File Copy Data Entry <^^yfh CITY OF ^ CARLSBAD Memorandum November 21, 2011 To: i^herri Howard, Associate Engineer From: Pam Drew, Associate Planner Via A ^Dave De Cordova, Principal Planner Re: ^ EA 11-17 -LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM Thank you for submitting an Early Assessment to rehabilitate a section of 30-inch corrugated metal pipe by installing approximately 280 lineal feet of cured-in-place liner located on the eastern property line of 2425 La Costa Avenue, between La Costa Avenue and the La Costa Resort and Spa golf course. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of an Early Assessment is to provide you with direction and comments on the overall concept of your project. This Early Assessment does not represent an in-depth analysis of your proiect. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern mav be raised through a more specific and detailed review. Planning: General 1. The project will not need any permits from Planning; however, the project must comply with C.M.C. Chapter 8.48- Noise, which regulates permitted hours for construction. 2. The project is exempt from environmental review per CEQA Guidelines Section 15301(b), concerning repair and maintenance of existing facilities. Land Development Engineering; 3. See attached redline drawings for comments. All necessary application forms and submittal requirements are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax EA 11-17 - LA COSTA AVENUE STORM DRAIN PROGRAM November 21, 2011 Page 2 Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. If you would like to schedule a meeting to discuss this letter with your staff planner, please contact Pam Drew, Associate Planner at ext. 4644, or your staff engineer, Glen Van Peski, Senior Civil Engineer at ext. 2783. DD:PD:bd c: Don Neu, City Planner Glen Van Peski, Senior Civil Engineer Bill Plummer, Deputy City Engineer Scott Donnell, Senior Planner File Copy Data Entry Attachment Tabular Report of PLR 54B-17 for CITY OF CARLSBAD ENGINEERING Work Order Facility Contract Operator NJP Video Van Ref 11 Setup 1 Surveyed On 11/07/2011 Street Name Badajoz Place Location type Surface Survey purpose Random survey of pipes and things City Carlsbad Weather Dry Pipe Use Stomn Shape Circular IMateriai CORRUGATED METAL PIPE Lining Sched lengtli Size 18 by Joint Spacing Year laid Ft ins Ft From54B-17 Depth Ft To 54B-18 Depth Ft Direction Down Pre-clean Last Cleaned Generai note Location note Structural Service Constructional Miscellaneous Hydraulic Video Count CD Code Sev Fr To Value Remarks 0.0 ST Start of Survey 0.0 MH Manhole/Node 548-17 0.0 WL Water level 0 6.0 C Corrosion L 12 12 6.8 H Hole in Pipe L 04 SOIL VISIBLE 46.8 H Hole in Pipe M 04 48.3 H Hole in Pipe L 08 SOIL VISIBLE 60.3 CB Break in Connection 12 67.3 H Hole in Pipe L 04 71.6 MH Manhole/Node 548-18 71.6 FH Finish of Surveys 71.6 Ft Scores Total Length Surveyed Structural: Total 2400 Mean Defect 400 Peak 500 Mean Pipe 33.5 Service: Totel 0 Mean Defect 0 Peak 0 Mean Pipe 0 Affordable Pipeline Services Plione: 858-689-4000 Fax: 858-689-4035 Pipe Graphic Report of PLR 54B-17 X for CITY OF CARLSBAD ENGINEERING Work Order Contract Video Setup 1 Facility Operator NJP Van Ref 11 Surveyed On 11/07/2011 Street Name Badajoz Place City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Schedule length Ft From 64B-17 Depth Ft Shape Circular Size 18 by ins To 54B-18 Depth Ft Material CORRUGATED METAL PIPE Joint spacing Ft Direction Downstream Lining Year laid Pre-clean Last cleaned General note Structural Service Constructional Location note Miscellaneous Hydraulic 0 Ft m c < o V 71.6 Ft start of Survey 0.0 Ft Manhole/Node [54B-17] Water level 0 6.0 Ft Corrosion 12 to 12 o'clock 6.8 Ft Hole in Pipe 04 o'clock [SOIL VISIBLE] 46.8 Ft Hole in Pipe 04 o'clock 48.3 Ft Hole in Pipe 08 o'clock [SOIL VISIBLE] 60.3 Ft Break in Connection 12 o'clock 67,3 Ft Hole in Pipe 04 o'clock 71.6 Ft Manhole/Node [54B-18] Rnish of Surveys Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 CCTV pictures of 54B-17 for CITY OF CARLSBAD ENGINEERING Work Order Video Surveyed On 11/07/2011 Direction Downstream Setup 1 Street Name Badajoz Place City Name Carlsbad Weather Dry Location From Manhole 548-17 To Manhole 54B-18 Date: 11/07/2011 DIstence: 6.0 Ft Obs: Corrosion Commente: Date: 11/07/2011 DIstence: 6.8 Ft Obs: Hole in Pipe Commente: SOIL VISIBLE Date: 11/07/2011 DIstence: 46.8 Ft Obs: Hole in Pipe Commente: Date: 11/07/2011 Distence: 48.3 Ft Obs: Hole in Pipe Commente: SOIL VISIBLE Afforr ' Pipeline Services Phone: 858-689-4000 Fax: 858-689-403r CCTV pictures Of 54B-17 for CITY OF CARLSBAD ENGINEERING o Work Order Video Surveyed On 11/07/2011 Direction Downstream Setup 1 Street Name Badajoz Place City Name Carlsbad Weather Dry Location -From Manhole 54B-17 To Manhole 54B-18 Date: 11/07/2011 DIstence: 60.3 Ft Obs: Break in Connection Commente: Date: 11/07/2011 Distence: 67.3 Ft Obs: Hole in Pipe Commente: Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Tabular Report of PLR 54B-18 for CITY OF CARLSBAD ENGINEERING Work Order Contract Video Setup 2 Paciiity Operator NJP Van Ref 11 Surveyed On 11/07/2011 Street Name Badajoz Place City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Stonn Shape Circular Material CORRUGATED METAL PIPE Lining Sched length Ft Size 18 by ins Joint Spacing Ft Year laid From54B-18 Depth Ft To 548-23 Depth Ft Direction Down Pre-clean Last Cleaned Generai note Location note Structural Service Constructional Miscellaneous Hydraulic Video Count CD Code Sev Fr To Value Remarks 0.0 ST Start of Survey 0.0 MH Manhole/Node 548-18 0.0 WL Water level 0 0.4 DE Debris L 1 112.2 C Corrosion M 09 03 1 186.6 H Hole in Pipe M 03 09 186.6 D Deformation L 0020 190.0 MH Manhole/Node 548-23 190.0 FH Finish of Sun/eys 190.0 Ft Totel Length Surveyed Scores Structural: Totel 750 Mean Defect 250 Peak 550 Mean Pioe 3.9 Service: Totel 150 Mean Defect 75 Peak 150 IMean Pipe 0.8 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Pipe Graphic Report of PLR 54B-18 X for CITY OF CARLSBAD ENGINEERING Work Order Contract Video Setup 2 Facility Operator NJP Van Ref 11 Surveyed On 11/07/2011 Street Name Badajoz Place City Carisbad Location type Surface Survey puipose Random sun^ey of pipes and things Weather Dry Pipe Use Storm Schedute length Ft From 54B-18 Depth Ft Shape Circular Size 18 by ins To 548-23 Depth Ft Material CORRUGATED METAL PIPE Joint spacing Ft Direction Downstream Lining Year laid Pre-clean Last cleaned General note Structural Service Constructional Location note Miscellaneous Hydraulic 0 Ft (J) -Q c XJ 2 It -n < o \ / 190 Ft Start of Survey 0.0 Ft Manhole/Node [548-18] Water level 0 0.4 Ft Debris il 186.6 Ft 190.0 Ft 112.2 Ft Corrosion 09 to 03 o'clock Hole in Pipe 03 to 09 o'clock Deformation 0020 Manhole/Node [548-23] Finish of Surveys Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 CCTV pictures of 54B-18 for CITY OF CARLSBAD ENGINEERING Work Order Video Surveyed On 11/07/2011 Direction Downstream Setup 2 Street Name Badajoz Place City Name Carisbad Weather Dry Location From Manhole 54B-18 To Manhole 546-23 Date: 11/07/2011 DIstence: 0.4 Ft Obs: Debris Commente: Date: 11/07/2011 Distence: 112.2 Ft Obs: Corrosion Commente: Date: 11/07/2011 DIstence: 186.6 Ft Obs: Hole in Pipe Commente: Date: 11/07/2011 Distence: 186.6 Ft Obs: Deformation Commente: Affor ) Pipeline Services Phone:858-689-4000 Fax: 858-689-403f Tabular Report of PLR 54B-23 for CITY OF CARLSBAD Work Order Contract Video Setup 53 Facility Operator NJP Van Ref 11 Surveyed On 12/02/2011 Street Name La Costa Ave City Carlsbad Location type C&ArOAOO^J Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Shape Circular Material CORRUGATED METAL PIPE Lining Sched length Ft Size 18 by ins Joint Spacing Ft Year laid From54B-44 Depth Ft To 548-23 Depth Ft Direction Up Pre-clean Y Last Cleaned General note D-Drain across from 2508 La Costa Ave Location note Structural Service Constructional Miscellaneous Hydraulic Video Count CD Code Sev Fr To Value Remarks 0.0 ST Start of Sun/ey 0.0 MH Manhole/Node 1 54B-44 0.0 WL Water level 0 1.0 H Hole in Pipe M 07 1 42.6 0 Corrosion L 12 12 1 69.2 MH Manhole/Node 54B-23 69.2 FH Finish of Surveys 69.2 Ft Scores Totel Length Surveyed Structural: Totel 900 Mean Defect 450 Peak 500 Mean Pipe 13 Service: Totel 0 Mean Defect 0 Peak 0 Mean Pipe 0 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 ^0t^^., Pipe Graphic Report of PLR 54B-23 X for CITY OF CARLSBAD Work Order Contract Video Setup 53 Facility Operator NJP Van Ref 11 Surveyed On 12/02/2011 Street Name La Costa Ave ^ Location type C/S^DAJO^J City Carlsbad Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Stonn Schedule length Ft From 548-44 Depth Ft Shape Circular Size 18 by ins To 548-23 Depth Ft Material CORRUGATED METAL PIPE Joint spacing Ft Direction Upstream Lining Year laid Pre-clean Y Last cleaned General note D-Drain across from 2508 La Costa Ave Structural Service Constructional Location note Miscellaneous Hydraulic 0 Ft (0 V 69.2 Ft A ; Start of Survey 0.0 R I Manhole/Node [54B-44] : Water level 0 V. 1.0 R —J Hole in Pipe 07 o'clock 42.6 Ft Corrosion 12 to 12 o'clock 69.2 Ft Manhole/Node [54B-23] Finish of Surveys Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Tabular Report of PLR 9D-85 for CITY OF CARLSBAD ENGINEERING Worit Order Contract Facility Operator NJP Video Van Ref 11 Setup 4 Surveyed On 11/07/2011 Street Name Oak Ave City Carlsbad Location type Surface Survey purpose Random survey of pipes and things Weather Dry Pipe Use Stonn Shape Oval Material CORRUGATED METAL PIPE Lining Sched tength Ft Size 36 by ins Joint Spacing Ft Year laid From9D-85 Depth To 9D-107 Depth Direction Down Pre-clean Last Cleaned Ft Ft General note Location note Structural Service Miscellaneous Hydraulic Constructional Video Count CD Code Sev Fr To Value Remarks 0.0 ST Start of Survey 0.0 MH Manhole/Node 9D-4 0.0 WL Water level 0 25.5 LC Lining Defect M 09 38.4 DE Debris M 51.8 DE Debris M ROCKS 59.7 MC Material Change TRANSITION TO RCP 63.4 DE Debris M 75.6 LD Bend in pipe down 75.6 GO General obsen/ation BEND TOO STEEP TO CONTINUE 75.7 SA Survey abandoned 75.7 Ft Totel Length Surveyed Scores Structural: Totel 100 Mean Defect 50 Peak 100 Mean Pipe 1.3 Service: Totel 225 Mean Defect 56.3 Peak 75 Mean Pipe 3 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Pipe Graphic Report of PLR 9D-85 X for CITY OF CARLSBAD ENGINEERING Work Order Contract Video Setup 4 Facility Operator NJP Van Ref 11 Surveyed On 11/07/2011 Street Name Oak Ave City Carlsbad Location type Suriace Survey purpose Random survey of pipes and tilings Weather Dry Pipe Use Stomi Schedule tength Ft From 9D-85 Depth Ft Shape Oval Size 36 by ins To 9D-107 Depth Ft Material CORRUGATED METAL PIPE Joint spacing Ft Direction Downstream Lining Year laid Pre-clean Last cleaned Generai note Structural Service Constructional Location note Miscellaneous Hydraulic 0 Ft 75.7 Ft •a c xj' -n < o g \ / do Start of Survey 0.0 Ft Manhole/Node [9D-4] Water level 0 25.5 Ft Lining Defect 09 o'clock 38.4 Ft Debris 51.8 Ft Debris [ROCKS] 59.7 Ft Material Change [TRANSITION TO RCP] 63.4 Ft Debris 75.6 Ft Bend in pipe down General observation [BEND TOO STEEP TO CONTINUE] 75.7 Ft Survey abandoned Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Tabular Report of PLR 50-14 for CITY OF CARLSBAD ENGINEERING Worii Order Contract Facility Operator NJP Video Van Ref 11 Setup 5 Surveyed On 11/07/2011 Street Name Buena Vista and Elmwood City Carlsbad Location type Surfece Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Shape Circular Material CORRUGATED METAL PIPE Lining Sched tength Ft Size 12 by ins Joint Spacing Ft Year laid From5C-13 Depth To 5C-14 Depth Direction Up Pre-clean Last Cleaned Ft Ft General note Location note Structural Sen/ice Constructional Miscellaneous Hydraulic Video Count CD Code Sev Fr To Value Remarks 0.0 ST Start of Survey 0.0 MH Manhole/Node 5C-13 0.0 WL Water level 0 6.0 C Corrosion L 03 09 53.0 MH Manhole/Node 5C-14 53.0 FH Finish of Surveys 53.0 Ft Totel Length Surveyed Scores structural: Totel 500 Mean Defect 500 Peak 500 Mean Pipe 9.4 Service: Totel 0 Mean Defect 0 Peak 0 Mean Pipe 0 Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Pipe Graphic Report of PLR 50-14 X for CITY OF CARLSBAD ENGINEERING Woric Order Contract Video Setup 5 Facility Operator NJP Van Ref 11 Surveyed On 11/07/2011 Street Name Buena Vista and Elmwood City Carisbad Location type Suriace Survey purpose Random survey of pipes and things Weather Dry Pipe Use Stonn Schedute tength Ft From 5C-13 Depth Ft Shape Circular Size 12 by ins To 5C-14 Depth Ft Material CORRUGATED METAL PIPE Joint spacing Ft Direction Upstream Lining Year laid Pre-clean Last cleaned General note Structural Service Constmctional Location note Miscellaneous Hydraulic 0 Ft 1*1 cn c 53 Ft 5 o u_ 0) Q. a. 0.0 Ft Start of Survey Manhole/Node [5C-13] Water level 0 6.0 Ft Corrosion 03 to 09 o'clock 53.0 Ft Manhole/Node [5C-14] Finish of Surveys Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4035 Tabular Report of PLR 2530 LA COSTA for CITY OF CARLSBAD Work Order Facility Contract Operator NJP Video Van Ref 11 Setup 40 Surveyed On 09/01/2011 Street Name 2530 La Costa Ave Location type Surface Survey purpose Random sun/ey of pipes and things City Carlsbad Weather Dry Pipe Use Storm Shape Circular Material Steel - Con^gated (ARMCO) Lining Sched length Ft Size 30 by ins Joint Spacing Ft Year laid From 2530 LA COSTA Depth To 02 Depth Direction Down Pre-clean Last Cleaned Ft Ft General note US MH on sidewalk in front of 2530 La Costa Location note Line leads DS between 2530 and 2524 La Costa Structural Service Miscellaneous Hydraulic Constructional Video Count CD Code Sev Fr To Value Remarks 00000 0.0 ST Start of Survey 00000 0.0 MH Manhole/Node 12530 LA COSTA 00000 0.0 WL Water level 3 4.0 H Hole s 06 1 9.5 C Corrosion of CI L 05 07 1 16.9 C Corrosion of CI L 12 12 41.0 C Corrosion of CI L 12 12 1 82.7 E Mineral Deposits S 02 83.1 i Infiltration S 02 101.6 1 Infiltration L 12 101.6 E Mineral Deposits S 12 126.0 MH Manhole/Node |02 126.0 FH Finish of Surveys 1 126.0 Ft Totel Length Surveyed Scores Structural: Totel 0 Mean Defect 0 Peak 0 Mean Pipe 0 Service: Totel 75 Mean Defect 15 Peak 65 Mean Pipe 0.6 HFFOHRBLE rirELtNE SERVICES Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 PipeGraphicReportof PLR 2530 LA COSTA X for CITY OF CARLSBAD Work Order Facility Contract Operator NJP Video Setup 40 Van Ref 11 Surveyed On 09/01/2011 Street Name Location type Surface Survey purpose 2530 La Costa Ave City Random survey of pipes and things Carlsbad Weather Dry Pipe Use Storm Shape Circular Material Steel - Conxigated (ARMCO) Lining Schedule length Size 30 by Joint spacing Year laid ins Ft Ft From 2530 LA COSTA Depth Ft To 02 Depth Ft Direction Downstream Pre-clean Last cleaned General note US MH on sidewalk in front of 2530 La Costa Location note Line leads DS between 2530 and 2524 La Costa Structural Service Constructional Miscellaneous Hydraulic 0 Ft i: • I a V V 126 Ft I Start of Survey 0.0 Ft - l^anhole/Node [2530 LA COSTA] t Water level 3 4.0 Ft -) Hole 06 o'clock 9.5 Ft ' Corrosion of CI 05 to 07 o'clock 16.9 Ft Corrosion of CI 12 to 12 o'clock 41.0 Ft ! Corrosion of CI 12 to 12 o'clock 82.7 Ft J Mineral Deposits 02 o'clock 83.1 Ft , Infiltration 02 o'clock 101.6 Ft 126.0 Ft Infiltration 12 o'clock Mineral Deposits 12 o'clock Manhole/Node [02] Finish of Surveys fiFFORBOBLE riPELINE SERVICES Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 CCTV pictures of 2530 LA COSTA o for CITY OF CARLSBAD Work Order Video Surveyed On 09/01/2011 Direction Downstream Setup 40 Street Name 2530 La Costa Ave City Name Carlsbad Weather Dry Location From Manhole 2530 LA COSTA To Manbote 02 Date: 09/01/2011 DIstence: 4.0 Ft Obs: Hole Commente: < 1 Date: 09/01/2011 Distence: 9.5 Ft Obs: Corrosion of CI Commente: Date: 09/01/2011 Distence: 16.9 Ft Obs: Corrosion of CI Commente: Date: 09/01/2011 Distence: 41.0 Ft Obs: Corrosion of CI Commente: Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 CCTV pictures of 2530 LA COSTA X for CITY OF CARLSBAD Work Order Video Surveyed On 09/01/2011 Direction Downstream Setup 40 Street Name 2530 La Costa Ave Location City Name Carlsbad Weather Dry From Manhole 2530 LA COSTA To Manhole 02 Date: 09/01/2011 Distence: 4.0 Ft Obs: Hole Commente: Date: 09/01/2011 DIstence: 9.5 Ft Obs: Corrosion of CI Commente: Date: 09/01/2011 Distence: 16.9 Ft Obs: Corrosion of CI Commente: Date: 09/01/2011 Distence: 41.0 Ft Obs: Corrosion of CI Commente: Afforc Pipeline Services Phone:858-689-4000 Fax: 858-689-403'^ Tabular Report of PLR 02 for CITY OF CARLSBAD Work Order Facility Contract Operator NJP Video Van Ref 11 Setup 41 Surveyed On 09/01/2011 Street Name 2530 La Costa Ave Location type Surface Survey purpose Random survey of pipes and things City Carlsbad Weather Dry Pipe Use Stonn Shape Circular Material Steel - Con-ugated (ARMCO) Lining Sched length Ft Size 30 by ins Joint Spacing Ft Year laid From 02 Depth To 03 Depth Direction Down Pre-clean Last Cleaned Ft Ft General note Location note Line leads DS between 2530 and 2524 La Costa Structural Service Miscellaneous Hydraulic Constructional Video Count CD Code Sev Fr To Value Remarks 00000 0.0 ST Start of Survey 00000 0.0 MH Manhole/Node 02 00000 0.0 WL Water level 3 6.4 C Corrosion of CI L 04 08 90.9 C Corrosion of CI L 04 08 107.0 B Broken Pipe M 08 121.1 MH Manhole/Node 03 121.1 FH Finish of Surveys 121.1 Ft Totel Length Surveyed Scores Structural: Totel 10 Mean Defect 3.3 Peak 10 Mean Pipe 0.1 Service: Totel 0 Mean Defect 0 Peak 0 Mean Pipe 0 flFFORORBLE riPELINE SERVICES Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 Pipe Graphic Report of PLR 02 X for CITY OF CARLSBAD Work Order Contract Video Setup 41 Facility Operator NJP Van Ref 11 Surveyed On 09/01/2011 Street Name 2530 La Costa Ave City Carlsbad Location type Surfece Survey purpose Random survey of pipes and things Weather Dry Pipe Use Storm Schedule length Ft From 02 Depth Ft Shape Circular Size 30 by ins To 03 Depth Ft Material Steel -Comjgated (ARMCO) Joint spacing Ft Direction Downstream Lining Year laid Pre-clean Last cleaned Generai note Structural Service Constructional Location note Line leads DS between 2530 and 2524 La Costa Miscellaneous Hydraulic 0 Ft (0 i: • I o 121.1 Ft V 0.0 Ft Start of Survey Manhole/Node [02] Water level 3 ' 6.4 Ft -S Corrosion of CI 04 to 08 o'clock 90.9 R i Corrosion of CI 04 to 08 o'clock - 107,0 Ft - Broken Pipe 08 o'clock 121.1 Ft i Manhole/Node [03] i Finish of Surveys BFF0RBR6LE PIPELINE SERVICES Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 CCTV pictures of 02 O for CITY OF CARLSBAD Work Order Video Surveyed On 09/01/2011 Direction Downstream Setup 41 Street Name 2530 La Costa Ave City Name Carlsbad Weather Dry Location From Manhole 02 To Manhole 03 Date: 09/01/2011 Distence: 6.4 Ft Obs: Corrosion of CI Commente: r 0006 ^ ^^9^^^^ 6.4 ~CCorrosion of CD Severity L ~rom 04 To 08 ?e marks Date: 09/01/2011 Distence: 90.9 Ft Obs: Corrosion of CI Commente: Date: 09/01/2011 Distence: 107.0 Ft Obs: Broken Pipe Commente: Affordable Pipeline Services Phone: 858-689-4000 Fax: 858-689-4034 APPENDIX "H" Standard Form - Tier 1 Storm Water Pollution Prevention Plan ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 STANBAJRD FORJVI STORM WATER C0MPLIAJ«1CE CERTIFTPATF. My project is not in a category of permit types exempt from the Construction SWPPP requirements My project is not located inside or within 200 feet of an environmentally sensitive area with a significant potential for contributing pollutants fo nearby receiving waters by way of storm water mnoff or non-storm water discharge(s). My project does not requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code) My project will not result in 2.500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas that meets one or more of the additional following criteria: • located within 200 feet of an environmentally sensitive area or Ihe Pacific Ocean; and/or. • disturbed area Is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or • disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). i CERTIFY TO THE BEST OF MY KNOWLEDGE THAT ALL OF THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT I AM SUBMITTING FOR CITY APPROVAL A TIER 1 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF CITY STANDARDS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST: (1) IMPLEMENT BEST MANAGEMENT PRACTICES (BMPS) DURING CONSTRUCTION ACTIVITIES TO THE MAXIMUM EXTENT PRACTICABLE TO MINIMIZE THE MOBILIZATION OF POLLUTANTS SUCH AS SEDIMENT AND TO MINIMIZE THE EXPOSURE OF STORM WATER TO CONSTRUCTION REU\TED POLLUTANTS; AND (2) ADHERE TO, AND AT ALL TIMES. COMPLY WITH THIS CITY APPROVED TIER 1 CONSTRUCTION SWPPP THROUGHTOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. OWNER(S)/OWNER'S AGENT NAME (PRINT) OWNER(S)/OWNER'S AGENT NAME (SIGNATURE) DATE CITY OF CARLSBAD TIER 1 STORM WATER POLLUTION PREVENTION PLAN STORM WAT1?R P91 t UTIQN PRF.VF.NTIQN NOTF.g 1. ALL NECESSARY EQUIPMENT AND MATERIALS SHALL BE AVAILABLE ON SITE TO FACILITATE RAPID INSTALLATION OF EROSION AND SEDIMENT CONTROL BMPS WHEN RAIN IS EMINENT. 2. THE OWNER/CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE ^rtJr}-T^^^^ °^ ™ ^^"^^ ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL. 3. THE OWNER/CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEERING OR BUILDING INSPECTOR DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY ARISE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (40%). SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL. 5. ALL GRAVEL BAGS SHALL BE BURLAP TYPE WITH 3/4 INCH MINIMUM AGGREGATE. 6. ADEQUATE EROSION AND SEDIMENT CONTROL AND PERIMETER PROTECTION BEST MANAGEMENT PRACTICE MEASURES MUST BE INSTALLED AND MAINTAINED. SPECL^L NOTES PROJECT INT-ORMATION Site Address: Assessor's Parcel Number: Project ID: Construction Permit No.: Estimated Construction Star! Dale Project Duration Emergency Contact; Naune: 24 hour Phono: Perceived Threat to Storm Water Quality • Medium • Low If medium box is checked, must attach a site plan sheet showing proposed work area and location of proposed structural BMPs For City Use Only CITY OF CARLSBAD STANDARD TIER 1 SWPPP Approved By: Date: Page I of. Erosion Control BMPs Sediment Control BMPs Tracking Control BMPs . Non-Storm ater Management BMPs Waste Management and Materials Pollution Control BMPs Best Management Practice (BMP) Description -> Geotextiles & Mais Wood Mulching Earth Dikes and Drainage Swales Slope Drains Silt Fence Sediment Trap E s JC o Rber Rolls Gravel Bag Berm Street Sweeping and Vacuuming Sandbag Banrfer Stomn Drain Inlet Protection Stabilized Construction IngressyEgpess StabPized Construcion Roadway Water Conservation Practfces Paving and Grinding Operattons Potable Waler/lmgation Vehicle and Equipmenl Cleaning Material Delivery and Storage Material Use Stockpile Management Spill Prevention and Control Solid Waste Management Hazardous Waste Management Concrete Waste Management CASQA Designation -> Construction Activity EC-7 EC-8 EC-9 EC-11 SE-1 SE-3 SE-4 SE-5 CO lb CO SE-7 SE-8 SE-10 TR-1 TR-2 NS-1 NS-3 NS-7 NS-8 WM-1 WM-2 WM-3 i WM-5 WM-6 WM-8 Grading/Soil Disturbance Trenching/Excavation Stockpiling Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving ConduityPipe Installation Stucco/Mortar Work Waste Disposal Staging/Lay Down Area Equipment Maintenance and Fueling Hazardous Substance Use/Storage Dewatering Site Access Across Dirt Other (list): Instniclions- Begin by reviewing the list of construction activities and checking the box to the left of any acUvity that will occur during the proposed construction. Add any other activity descnpUons in the blank activity description boxes provided for dial purpose and place a check in the box immediately to the left of the added activity description. For each activity descmbed. pick one or more best management practices (BMPs) from die list located alon the top of Uic form. Then place an X in the box at the place where Uie activity row intersects with tlie BMP column. Do tliis for each activity Uiat was checked off and for each of the selected BMPs selected from the list. For Example - If the project includes site access across dirt, then check the box to tiie left of "Site Access Across Dirt". Then review the list for something that applies such as "Stabilized Construcion Ingress/Egress" under Tracking Control. Follow along the "Site Access Across Dirt" row until you get to the "Stabilized Construction Ingress/Egress" column and place an X in the box where tlie two meet. As another example say the project included a stockpile that you intend to cover with a plastic shedt. Since plastic sheeting is not on tlie list of BMPs, then write in "Cover with PlasUc" in the blank column under tlie heading Erosion Control BMPs. Then place an X in Uie box where "Stockpiling" row intersects the new "Cover with Plastic" column. To Icam more about what each BMP description means, you may wish to review tlie BMP Reference Handout prepared to assist applicants in the selection of appropriate Best Management Practice measures. The reference also explains the Califomia Stormwater Quality Association (CASQA) designation and how to apply Uie various selected BMPs to a project. Page 2 of. u o r Scale of map Site Map Features displayed on the map must include: • An outline of the entire propeity • Location and brief description of construction activity areas (e.g. grading, building, trenching, fueling areas, waste container area, wash racks, hazardous material storage areas, etc.) • Location and flow direction arrows for existing drainage facilities (ditches, channels, inlets, storm drains, etc.) • Location of existing storm water BMP controls (sediment basins, oil/ water separators, sumps, etc.) • Location of proposed storm water BMP controls with brief description or legend reference Legend Page 3 of. APPENDIX "I" NTCD Right of Entry Permit ^¥ Revised 11 /24/10 Contract No. 6602 and 6607 siierri Howard Fronn: Sent: To: Cc: Subject: Attachments: Ed Singer [ESinger@nctd.org] Wednesday, June 22, 2011 1:44 PM Siierri Howard David Allies Storm Drain Project in NCTD Right of Way ROE Permit COASTER $1 OMRRPL.doc Hi Sherri, Attached is our latest permit. Effective 7/1/11 flagging rate is $ 61.90 plus 7.2% Ed 760-966-6556 MP-MoYr-USE-Pmtee /-^ RIGHT OF ENTRY PERMIT THIS RIGHT OF ENTRY PERMIT ("Permit"), entered into as of 2010 between the NORTH COUNTY TRANSIT DISTRICT ("NCTD") and , ("Permittee"). RECITALS A. NCTD is the owner of certain railroad right-of-way assets extending from Orange County to San Diego and from Oceanside to Escondido (the "Right-of-Wav"). The Right-of-Way is in active use for the operation of freight trains (by the Burlington Northern Santa Fe Railway Company ["BNSF"]), intercity passenger trains (by the National Railroad Passenger Corporation ["AMTRAK"], and Southern Califomia Regional Rail Authority ["METROLINK"]), and commuter trains (by NCTD). B. Permittee desires to enter onto and use that portion of the Right-of-Way more particularly described in Exhibit A attached hereto (the "Permit Area"). C. NCTD is willing to allow Permittee to enter onto and use a portion of the Right-of- Way, provided that Permittee's entry and use do not interfere with the NCTD's operations, including response to emergencies and routine maintenance, or the safe use of the Right-of-Way by NCTD or its agents, BNSF, AMTRAK, and METROLINK, and provided that Permittee's entry and use are in strict accordance with terms and conditions set forth in this Permit. NOW THEREFORE NCTD and Permittee agree as follows: 1. Basic Permit Terms. 1.1 Permit Fee: Dollars. 1.2 Expense Reimbursement Deposit: Dollars. 1.3 Permit Expiration Date: 1.4 Permitted Use: 1.5 NCTD Permit Coordinator: Edward J. Singer, Real Estate Asset Administrator Telephone number: (760) 966-6556 1.6 Permittee's Address: Telephone Number: 1.7 Emergency Number; (760)967-6700 Revised 12-04-09 Page 1 MP-MoYr-USE-Pmtee 2. Grant of Permit. NCTD hereby permits Permittee to enter upon and use the Permit Area for the purpose and during the time periods set forth in this Permit. 3. Permit Fee. Permittee shall pay to NCTD, in advance, the non-reftmdable Permit Fee set forth in section 1.1 as partial consideration for the rights and privileges set forth in this Permit. The Permit Fee is payable to North County Transit District on or before execution of this Permit. 4. Cost Reimbursement. In addition to the Permit Fee, Permittee shall reimburse NCTD for all costs and expenses incurred by NCTD in the review of Permittee's request for this Permit, Permittee's entry upon and use of the Permit Area, and review and inspection of any work performed in the Permit Area; markout of railroad faciUties; inspection, flagging, and security services; and installation, removal, repair, and restoration of the Right-of Way and raihoad facilities. Upon execution of this Permit, Permittee shall deposit with the NCTD the Expense Reimbursement Deposit amount set forth in section 1.2. NCTD may deduct the costs and expenses from the Expense Reimbursement Deposit as such costs and expenses are incurred. Costs of services provided by NCTD employees will be charged at the employees' fiiUy loaded productive hourly rate (monthly salary and benefits divided by 150 hours). Services provided by NCTD consultants, equipment rentals, and other third party costs will be charged at cost plus a 7.2% administrative fee. Upon demand by NCTD, Permittee shall make any additional deposits that NCTD determines are necessary to reimburse NCTD for the costs and expenses incurred by NCTD. In the event that the costs and expenses incurred by NCTD exceed the amounts deposited. Permittee shall reimburse NCTD for all such costs and expenses within 30 days of invoice. 5. Use of Right of Wav. 5.1 Permitted Use. Permittee's entry upon and use of the Pemiit Area is solely for the purpose set forth in section 1.4. 5.2 Time of Use. a. Permittee shall not enter upon or use the Permit Area or any Right-of-Way until Permittee has paid the Permit Fee set forth in section 1.1, paid the Expense Reimbursement Deposit set forth in section 1.2, satisfied the safety conditions set forth in section 5.3(d), and delivered to NCTD the evidence of insurance set forth in section 8. b. Permittee shall deliver to NCTD a written Flag Protection Right-of-Way Work Request, in the form attached as Exhibit B. not less than three (3) business days prior to each entry upon the Pemiit Area. The need for flag protection shall be determined in the sole discretion of the NCTD's Manager of Maintenance of Way. In the event that the Manager of Maintenance of Way determines that flag protection is necessary. Permittee shall not enter upon or use the Permit Area until flag protection has been provided. NCTD shall use reasonable Revised 12-04-09 Page 2 MP-MoYr-USE-Pmtee ^"""^ efforts to provide flag protection on the dates and times of Permittee's requested entries, provided that any work by NCTD or its agents, BNSF, AMTRAK or METROLINK that requires flag protection shall take priority. NCTD shall not be liable for any costs, expenses, or claims if flag protection is not provided on Permittee's requested dates or times of entry. c. The NCTD's Manager of Maintenance of Way has the right to approve the dates and times that Permittee may use the Permit Area. d. This Permit and Permittee's rights hereunder shall terminate automatically upon the completion of the purpose stated in section 1.4, or at 5:00 p.m. on the Permit Expiration Date set forth in section 1.3, which ever is first to occur. 5.3 Restrictions on Use. a. Permittee has no right to use any portion of the Right-of-Way other than the Permit Area for any purpose. b. No use by Permittee shall interfere with or delay any railroad operations on the Right-of-Way or interfere with or cause damage to any railroad facilities. c. Permittee shall protect all railroad facilities, public and private improvements, utilities, communication lines, survey and subdivision monuments, and other facilities of like character, existing or constmcted during the term of this Permit upon, over, under, or across the Right-of-Way from damage from Permittee's use. Permittee shall promptly replace or repair all such improvements or facilities which are destroyed or damaged as a result of any entry by Permittee under this Permit. Permittee shall bear the entire cost of replacement or repairs of any and all improvements and facilities damaged or destroyed by reason of Permittee's use under this Permit, whether such improvements or facilities are owned by NCTD or any other owner. Any repair or replacement shall be to the satisfaction, and subject to the approval of NCTD or the owner of the improvements or facilities. d. Every individual who will be entering upon the Right-of-Way under this Permit, before entering onto the Right-of-Way, shall first attend a class conducted by the NCTD or the NCTD's designee on Railroad Worker Protection Safety mles and regulations. Permittee shall comply with the SDNR mles and regulations of the San Diego Northern Railway and the Track Safety Standards, Part 213, Subpart A-F, Class of tracks 1-5, Federal Railroad Administration (FRA) at all times while on the Right-of-Way. Such mles and regulations include, but are not limited to, the wearing of hard hats, protective goggles, reflective vests and steel-toed (or equivalent) shoes at all times while working on the Right-of-Way. All costs of the safety training and of complying with the NCTD's safety ^Km^- requirements will be at the expense of the Permittee. Revised 12-04-09 Page 3 MP-MoYr-USE-Pmtee e. Permittee shall be solely responsible for compliance with all federal, state, and local laws, regulations, mles, and orders applicable to Permittee's entry upon and use of the Right-of-Way. Permittee shall obtain all federal, state, and local permits and approvals applicable to Permittee's entry upon and use of the Right- of-Way. f Permittee shall not cause or permit any hazardous material to be used, stored, transported, generated, or disposed in or about the Right-of-Way by Permittee, Permittee's agents, employees, contractors, licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste which is or becomes regulated by any local govemmental entiry, the State of Califomia, or the United States govemment under any law, regulation or ordinance. g. No object which can be moved by two persons shall be left on the Right-of- Way unattended. This requirement also applies to objects above and/or outside the Right-of-Way on the uphill side which can be thrown or rolled downhill onto the track(s). 5.4 As-Built Drawings. Permittee shall provide NCTD with a set of as-builts, hard copy, and electronic file, if available, within 30 days of acceptance of work. No excess deposited funds will be released until as-builts are submitted and signed by a licensed engineer in the State of Califomia. 6. Improvements and Work. 6.1 No Permanent Improvements. This Pennit does not authorize Permittee to place any improvements or facilities in the Right-of-Way that will remain in the Right-of- Way after the termination of this Permit. Any such improvements or facilities can be authorized only by a separate written license or agreement between NCTD and Permittee or the owner of the improvements or facilities, which license or agreement shall contain such other terms, conditions, covenants, representations, and warranties as NCTD, in NCTD's sole and absolute discretion, determines to be appropriate, including, without limitation, provisions relating to maintenance, term, payments for use of the Right-of-Way, relocation, indemnity, and insurance. 6.2 Approval of Work. Permittee shall deliver to NCTD, for NCTD's review and approval, drawings, specifications, and other constmction documents describing any proposed work in the Pemiit Area in sufficient detail to enable NCTD to determine the scope and nature of the proposed work and the potential effect of such work on the Right-of-Way and the train operations. NCTD may approve or disapprove any work in NCTD's sole and absolute discretion, and NCTD may require such changes or impose such conditions as NCTD, in its sole and absolute discretion, deems necessary or appropriate. In the event that NCTD approves any proposed work, the work by Permittee in the Permit Area shall be done in compliance with the drawings, specifications, and documents approved by NCTD, Revised 12-04-09 Page 4 MP-MoYr-USE-Pmtee with the terms and conditions set forth in this Permit, and with all applicable federal, state, and local laws, mles, regulations, permits, and orders. Permittee shall only use a contractor approved by NCTD. NCTD shall have the right inspect the work to determine whether the work is performed in accordance with the terms and conditions of this Permit and to order Permittee to correct or remove any work that does not comply with the terms and conditions of this Permit. Permittee shall reimburse NCTD for the costs of inspections and costs of fiimishing any flag protection for the work. 6.3 No Representation or Warranties Regarding Work. NCTD's review and inspection of the drawings, specifications, constmction documents, and work is for the purpose of examining the general arrangement, design, and details of the work for potential impact on the Right-of-Way and railroad operations. NCTD and NCTD's employees, consultants, and agents assume no responsibility for and make no representations or warranties, express or implied, as to the design, condition, workmanship, or adequacy of the drawings, specifications, constmction documents, or work. No review, comments, requirements, or inspection shall relieve Permittee or Permittees engineers, contractors, subcontractors, or consultants from the entire responsibility for the errors or omissions in the drawings, specifications, or constmction documents, or for the quality or adequacy of the work. 6.4 Permittee's Notification Requirements. a. Permittee shall contact the NCTD Pemiit Coordinator named in section 1.5 of the Basic Permit Terms prior to the start of any constmction work for a markout of NCTD facilities. Please be advised that NCTD is not a member of Dig Alert. b. Permittee shall contact Dig-Alert at (800) 422-4133 prior to any excavation in the Right-of-Way. c. Permittee shall contact Underground Service Alert for MCI Telecommunications installations at (800) 227-2600 prior to any excavation in the Right-of-Way. d. Permittee shall immediately stop work and notify NCTD Permit Coordinator if Permittee encounters any Hazardous Materials or suspected Hazardous Materials in the Permit Area. Permittee shall not take any remedial action in response to the presence of any Hazardous Materials in or about the Permit Area, nor enter into any settlement, consent decree, or other compromise in respect to any claims relating to any Hazardous Materials, without NCTD's prior written consent. Revised 12-04-09 Page 5 MP-MoYr-USE-Pmtee 7. Exculpation and Indenrnity. 7.1 Exculpation of NCTD. NCTD shall not be liable to Permittee for any damage to Permittee or Permittee's property from any cause. Permittee waives all claims against NCTD or its agents, Burlington Northem Santa Fe Railway Company, Pacific Sun (WATCO), Transit America Services, fric. (TASI), Veolia Transportation, Kabler Constmction, and their respective directors, officers, employees, and agents for damage to person or property arising for any reason. Permittee acknowledges that the Right-of-Way is used for operation of trains operating at high speeds. 7.2 Indemnity. Permittee hereby indemnifies, defends, and holds NCTD and its agents, Burlington Northem Santa Fe Railway Company, Pacific Sun (WATCO), Transit America Services, Inc. (TASI), Veolia Transportation, Kabler Constmction and their respective directors, officers, employees, and agents, harmless from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected with an act or omission of Permittee, or any employee, agent, invitee, contractor of Permittee, or other person acting by or on behalf of Permittee on or about the Right-of-Way, including, but not limited to, liability, expense, and claims for: bodily injury, death, personal injury, or property damage; provided, however, that nothing herein shall relieve any party indemnified hereunder from Hability to the extent that such liability arises from such party's sole established negligence or willful misconduct. This indemnity shall not require payment of a claim by NCTD or its agents, Burlington Northem Santa Fe Railway Company, Pacific Sun (WATCO), Transit America Services, Inc. (TASI), Veolia Transportation, Kabler Constmction, or any of their respective directors, officers, employees, or agents as a condition precedent to the NCTD's recovery hereunder. Permittee's obligation to indemnify hereunder shall not be restricted to insurance proceeds, if any, received by NCTD or its agents, Burlington Northem Santa Fe Railway Company, Pacific Sun (WATCO), Transit America Services, Inc. (TASI), Veolia Transportation, Kabler Constmction, or their respective directors, officers, employees, or agents. 7.3 Delav/Cancellation of Trains. Without limiting the indemnity set forth in section 7.2, Permittee agrees to pay all costs associated with the delay or cancellation of trains caused by Permittee. Delay charges are estimated to be $2,000 per passenger train delayed over 30 minutes and may include the cost of busing passengers around the work area, if necessary. 7.4 Indemnitv Not Limited to Insurance Coverage. The requirements as to the types and limits of insurance coverage to be maintained by Permittee as required by section 8, and any approval of such insurance by NCTD, are not intended to and shall not in any manner limit or qualify the liabilities and obhgations otherwise Revised 12-04-09 Page 6 MP-MoYr-USE-Pmtee assumed by Permittee pursuant to this Permit, including but not limited to the provisions conceming indemnification. 8. Insurance. Permittee, at Permittee's sole cost and expense, shall procure and maintain the following insurance: 8.1 Railroad Protective Liabilitv Insurance. a. Railroad Protective Liability Insurance covering the operations performed by Permittee or any subcontractor of Permittee within fifty (50) feet vertically or horizontally of railroad tracks. b. The AAR-AASHTO (ISO/RMA) Occurrence Form (claims-made forms are unacceptable) shall be issued in the primary name of the North County Transit District. Additional named insured are: Buriington Northem Santa Fe Railway Company, and Transit America Services, hic. (TASI). c. The Railroad Protective Liability Insurance poUcy shall have limits of liability of not less than $10 million per occurrence, combined single limit, for Coverages A and B, for losses arising out of injury to or death of all persons, and for physical loss or damage to or destmction of property, including the loss of use thereof Additionally, Policy Endorsement CG 28 31 - Pollution Exclusion Amendment, is required to be endorsed onto the policy. A $10 million annual aggregate shall apply. d. At NCTD's request. Permittee shall submit the original Raihoad Protective Liability hisurance Policy to NCTD prior to entry upon the right-of-way 8.2. Commercial General Liability hisurance. a. Commercial General Liability hisurance covering liability of the Permittee with respect to all operations to be performed and all obligations assumed by the Permittee under the terms of this Permit. Products-completed operations, independent contractors, and contractual Hability coverages are to be included, with the contractual exclusion related to constmction/demolition activity within fifty (50) feet of the railroad and any X-C-U exclusions deleted. b. Coverage for commercial general liability shall be at least as broad as Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). c. Coverage for completed operations on Form CG 2037 10, for a period not less than two (2) years after constmction of permanent facilities installed over, under, upon or across NCTD property. Revised 12-04-09 Page? MP-MoYr-USE-Pmtee d. The commercial general liability policy must name North County Transit District, Burlington Northem Santa Fe Railway Company, Transit America Services, Inc. (TASI), Kabler Constmction, and their respective directors, officers, employees, contractors and agents as additional insureds. e. Limits shall be no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to the Right-of-Way (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to NCTD) or the general aggregate limit shall be twice the required occurrence limit. 8.3 Automobile Liabilitv. a. Automobile liability insurance covering the liabihty of Permittee arising out of the use of all owned, non-owned, and hired vehicles which bear, or are required to bear, license plates according to the laws of Califomia and which are not covered under the Permittee's Commercial General Liability insurance. Coverage under this policy shall have limits of liability of not less than $1 million per occurrence, combmed single limit, for bodily injury and property damage (including loss of use) liability. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). c. The automobile liability policy must name North County Transit District, Burlington Northem Santa Fe Railway Company, Transit America Services, Inc. (TASI), Kabler Constmction, and their respective directors, officers, employees, contractors and agents as additional insureds. d. Limits shall be not less than one million dollars ($ 1,000,000) for bodily injury and property damage each accident limit. 8.4 Workers' Compensation and Emplover's Liabilitv Insurance. a. Workers' compensation and employer's liability insurance complying will the requirements of all applicable laws relating to workers' compensation insurance, covering or insure all of the Permittee's employees working on or about the Right-of-Way up to the statutory limits.. b. Employer's Liability Insurance Limits shall be no less than one million dollars ($1,000,000) per accident for bodily injury and disease. c. By his/her signature hereunder. Permittee certifies that it is aware of the provisions of Section 3700 of the Califomia Labor Code which require every employer to be insured against liability for workers' compensation or to Revised 12-04-09 Page 8 MP-MoYr-USE-Pmtee undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on the Site. d. Any persons providing services with or on behalf of Permittee shall be covered by workers' compensation (or qualified self-insurance). 8.5 Policv Forms. All of the insurance shall be provided on policy forms and through companies reasonably satisfactory to NCTD. 8.6 Acceptabilitv of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-, VII or equivalent or as otiierwise approved by NCTD. 8.7 Evidences and Cancellation of Insurance. a. Prior to entry on the Right-of-way, Permittee shall file with the Permit Coordinator a certificate of msurance for the commercial general liability, automobile liability, and railroad protective Hability policies required by section 8, with an original signature of the insurer's representative . An endorsement shall be attached to the certificate demonstrating that the policy was changed to reflect the additional insured requirements. b. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or canceled, except after thfrty (30) days prior written notice by U.S. mail has been given to NCTD. 8.8 Self Insurance. Notwithstanding any other provision of this License, Licensee may self-insure for any risk set forth in this Section 8 in the manner and to the extent that Licensee self-insures for similar risks with respect to its operations, equipment, and property. The manner in which such self-insurance is provided and the extent of such self-insurance shall be set forth in a letter of self insurance, delivered to NCTD and signed by an authorized representative of Licensee, which fully describes the self-insurance program and how the program covers the risks set forth in this Section 8. Insurance provided by a joint powers authority or insurance pool shall be considered self-insurance for the purposes of this paragraph. If, at any time during the term of this License, Licensee elects not to self-insure. Licensee shall comply with all applicable provisions of this Section 8 to the extent that Licensee does not so self-insure. 8.9 Subrogation. Permittee hereby waives subrogation rights against NCTD and agrees to require its insurer to waive subrogation rights against NCTD and NCTD's insurers, to the extent any Hability for property damage, bodily injury (mcludmg death), or other loss may be covered by the proceeds of insurance. Revised 12-04-09 ^^8®^ MP-MoYr-USE-Pmtee 9. Default: Termination. 9.1 Default. If Permittee uses tiie Right-of-Way for any other purpose than as stated in section 1.4 of the Basic Permit Terms, or fails to act strictly in accordance with the terms and conditions of this Permit, then NCTD may immediately and without prior notice to Permittee terminate this Permit and prevent Permittee from using or remaining upon the Right-of-Way, with or without process of law. In the event that Permittee fails to perform any obligation under this Permit, Permittee shall pay all costs and expenses incurred by NCTD in obtaining performance of such obligations, including costs of suit and reasonable attomey's fees. 9.2 Removal of Work. If Permittee fails to complete any work in accordance with the terms and conditions of this Permit, NCTD may remove such work and restore the Right-of-Way at the expense of Permittee, and Permittee shall be liable to NCTD for all costs and damages occasioned thereby. 9.3 Permittee's Obligations on Termination. Upon termination of this Permit, and at Permittee's sole expense. Permittee shall remove any and all equipment, tools, vehicles, materials, and other personal property placed on the Ri^t-of-Way or used in connection with Permittee's entry onto or use of the Right-of-Way and Permittee shall restore the Right-of-Way in a manner satisfactory to NCTD. Should Permittee fail or refuse to comply with the terms of this section, NCTD may, at its option, perform such work. Permittee shall reimburse NCTD for the cost so incurred. Failure on the part of NCTD to perform the obligations of Permittee shall not release Permittee from liability hereunder for loss or damage occasioned thereby. 9.4 Continuing Obligations of Permittee. No termmation or cancellation of this Pennit shall relieve or release Permittee from any liability or obligation (whether of indemnity, payment of costs, or otherwise) which may have attached or accmed previous to or which may be accming at the time of such termination or cancellation. 10. Notices. Except as otherwise provided in this Permit, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to Permittee at the address in section 1.6 of the Basic Permit Terais or to NCTD at North County Transit District, 810 Mission Avenue, Department R, Oceanside, CA 92054. Mailed notices shall be deemed given upon actual receipt at the address requfred, or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes. 11. Permittee's Agents. Any contractor or subcontractor performing work on, or in connection with the Permittee's use of or entry onto the Right-of-Way pursuant to this Permit, shall be conclusively deemed to be the servant and agent of Permittee, acting Revised 12-04-09 Page 10 MP-MoYr-USE-Pmtee on behalf and within the scope of such contractor's or subcontractor's employment for V-.^ Permittee. 12. NCTD Agents. Except as otherwise provided in this Permit, the term "NCTD" shall include NCTD's staff and employees. 13. NCTD Contacts. The NCTD Permit Coordinator named in section 1.5 serves as a liaison between NCTD staff and Pemiittee to assist NCTD staff in the coordination of the reviews, approvals, and scheduling of NCTD activities in connection with this Permit. The NCTD Permit Coordinator does not have the authority make agreements on behalf of NCTD or bind NCTD to any decision. 14. Covenant of Non-Discrimination. Permittee covenants for itself, and its successors and assigns, and all persons claiming under and through Permittee, that tiiere shall be no discrimination or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any portion of the Right-of- Way. 15. No Partnership. Joint Venture or Princioal-Agent Relationship. Nothing contained ui this Permit shall be deemed or constmed to create the relationship of principal and agent, or of joint venture, or of partnership between Permittee and NCTD. 16. General Provisions. 16.1 No Further Rights. a. This Permit constitutes a permit only to enter upon and use the Right-of-Way for the purpose set forth in section 1.4 of the Basic Permit Terms and shall not be constmed as granting to Permittee any right-of-possession, estate, titie or interest whatsoever in or to the Right-of-Way, or any part thereof b. Permittee hereby acknowledges that it has been informed that NCTD is a public entity and that tiie subject property has previously been acqufred by NCTD for a public purpose. Permittee further acknowledges that any rights acquired under this Permit arose after the date of acquisition of the subject property and that such rights are subject to termination when the property is needed by NCTD for the public purpose. Permittee hereby acknowledges and agrees that at the time of termination of tiiis Permit by NCTD, Permittee will not be a "displaced person" entitied to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 16.2 Modification of Permit. This Pennit and any provision, covenant, condition, or restriction contained herem may be extended, modified, or amended with the unanimous consent of tiie Parties. No such extension, modification or Revised 12-04-09 Page 11 MP-MoYr-USE-Pmtee amendment will be effective until a written instmment setting forth its terms has been executed by NCTD and Permittee. 16.3 Captions The captions of this Permit are inserted only as a matter of convenience and for reference. It does not define, limit or describe the scope of intent of this Permit, and they shall not affect the interpretation thereof 16.4 Agreement for Exclusive Benefit of Parties Except where expressly provided otherwise in this Permit, the provisions of this Permit are for the exclusive benefit of the Parties hereto and not for the benefit of any other person nor shall this Permit be deemed to have conferred any rights, express or implied, upon any other person. Neither Permittee, its heirs, legal representatives, successors or assigns, nor any subsequent assignee, shall assign this Permit or any interest herein, without first securing the written consent of NCTD in each instance, and that at the option of NCTD, this Permit shall be forfeited by any such unauthorized assignment, transfer or lease or by any assignment or transfer thereof by operation of law. 16.5 Waiver of Default. A waiver by any Party of any default by another Party must be in writing, and no such waiver shall be implied from any omission by a Party to take any action in respect of such default. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any provision of this Permit shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other term or provisions contained herein. The consent or approval by a Party to or of any act or request by another Party requiring consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts or requests. 16.6 Successors. This Permit shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns of the parties. 16.7 Governing Laws. This Permit shall be construed, interpreted, govemed and enforced in accordance with the laws of the State of Califomia. 16.8 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Pemiit. 16.9 Severabilitv. If any clause, sentence, or other portion of the terms, conditions, covenants, and restrictions of this Pennit becomes or is declared to be illegal, null, or void for any reason, or be held by any court of competent jurisdiction to be so, the remaining portions of this Permit will remain m full force and effect. Revised 12-04-09 Page 12 MP-MoYr-USE-Pmtee Emergency Number. Permittee shall immediately notify the Dispatcher at the V. Emergency Number set forth in section 1.7 if the tracks become fouled in any way. NORTH COUNTY TRANSIT DISTRICT PERMFTTEE By: By: Brett Rekola Chief of Rail Operations Titie:. Revised 12-04-09 ^^S^ MP-MoYr-USE-Pmtee fob Name: BiHafote Party: Control Ntmber: Hours Autiwrizedb MCro PURPOSES ONLY FLAG PROTECTION RIGHT-OF-WAY WORK REQUEST Work performed on the NCTD RIGHT-OF-WAY which involves personnel or equipment must have an NCTD-supplied fl^person for duration of the work, unl^s specrficaliy waived by NCTD. Cost of the flag person sh^l be borne by the party requesting the the work. Depending on the extent of the work, NCTD may require the requesting party to provide a deposit to cover the estimated cost of tiie flag protection. 2. Work Request form MUST BE FiaED OUT TO NCTD A MINIMUM OF FOURTEEN (14) PLEASE RETURN FORM TO: North County Transit District 810 Mission Avenue Oceanside, CA 92054 Attention: ED SINGER PHONE: {7601966-6556 FAX: (760) 754-0644 COMPLETELY AND RETURNED DAYS PRIOR TO BEGINNING WORK, or PLEASE RETURN FORM TO: North County Transit District 810 Mission Avenue Oceanside, CA 92054 Attention: SHAUN BREADY PHONE: (760)967-2851 FAX: {760)754-0644 Depending on the nature of the work, NCTD may request a meeting at the job srte prior to approving the work request. contractor shall sign time cards of personnel providing flag protection. Contractor requesting a fl^ person will be charged a n^nimum of four hours show-up time if no Contractor personnel ts on the jobsite at the time and date specified in this request. NAME OF CONTRACTOR: BILLABLE PARTY: Address: City: PHONE: State: CA Zip: PURPOSE OF WORK: LOCATION OFWORK: EQUIPMENT TO BE USED: WORK START DATE: COMPLETKJN DATE: TJME: TrME: PERSON IN CHARGE AT WORK SITE: CONTRACTOR'S SIGNATURE: DATE: APPROVED BY: PRINT NAME: DATE: MP»: NCTD PURPOKS ONLY Revised 12-04-09 Page 15 North County Transit District Railroad Contractor Safety Training Manual Guide & Regulations for Non'Railroad Contractors & Personnel Working on the NCTD Railroad Right-of-Way, June 29, 2010 Version 4.0 North County Transit District 810 Mission Ave. Oceanside, CA 92054 EMERGENCIES: 911 TO STOP A TRAIN: 760/966-6700 NCTD SECURITY/SHERIFF'S RAIL UNIT: 760/966-6700 NON-EMERGENCY NUMBERS: NCTD Real Estate Department: Right'Of'Entry Permits; Flagging Requests; Safety Training; Lost Decal Ed Singer 760/966-6556 esinqer@nctd,orq LeeKuhns 760/967-2851 lkuhns@nctd-orq NCTD Rail Safety Department: Report Safety Problems or Questions Eric Contreras 760/966-6513 econtreras@nctd.org Operation Lifesaver: Free Volunteer Safety Training Melba Novoa 760/966-6571 mnovoa(g)nctd.org Contractor Safety Training Manual Table of Contents NCTD's Safety Objectives • 3 1.0 Definitions 5 2.0 Right-of-Entry 9 Review & Approval Process 9 Documentation & Identification 9 3.0 Railroad Flagging Protection 10 When Flagging is Required 10 Employee-in-Charge (EIC) & Flagman 11 On-Track Safety 12 EIC Communications 13 Right-to-Question 14 4.0 Working on the NCTD Railroad Right-of-Way 15 EIC Instructions 15 Job Briefings 15 Personal Protective Equipment 16 Potential Hazards 16 Emergency Situations 17 5.0 NCTD's Railroad Right-of-Way Safety 18 Zero Tolerance Policy 18 Personal Safety Rules 18 Safety Requirements for Working on NCTD Railroad Property 19 6.0 Contractor's Industrial Safety Responsibilities 20 Vehicles, Machinery & Heavy Equipment: 20 Electrical 20 Small Tools &. Work Equipment: 21 Housekeeping 21 Appendices: Right-of-Way Maps & Verification Forms 23 Appendix A: Right-of-Way Milepost System Maps 24 Appendix B: NCTD's Safety Objectives Verification Form 27 Appendix B: Zero Tolerance Safety Rules Verification Form 28 Page 1 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29. 2010 Contractor Safety Training iVianuai THIS PAGE INTENTIONALLY LEFT BLANK Page 2 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training IManuai NCTD's Safety Objectives There is No Greater Importance than Safety. All Final Decisions Concerning the Railroad will be Solely Made by NCTD This manual governs all non-railroad contractor and personnel activities on or affecting North County Transit District's railroad property and/or operating envelope. Non-railroad contractors and personnel are any person, party, company or individuals, other than railroad employees defined as Roadway Workers in 49 CFR Part 214, whose activities are conducted within, may encroach upon, or impact the NCTD railroad right-of-way and/or operafing envelope. You must be knowledgeable of and follow the instructions In this manual at ail times. If you are ever in doubt as to the meaning or application of a rule, ask your foreman, supervisor, or the NCTD Employee-in-Charge for an explanation. To ensure your safety and the safety of others, you must: • Read and understand this Contractor Safety Training Manual. • Successfully complete the NCTD Railroad Contractor Safety Training program and exam prior to beginning wori<. • Have a copy of this manual available for easy reference when on NCTD railroad property. • Attend daily job and safety briefings at the start of each day, prior to beginning work, and when a change in the work plan, personnel or location occurs. • Immediately inform a supervisor and/or the NCTD Employee-in-Charge of any action not in compliance with these requirements. NCTD management will make unannounced observations and checks to ensure compliance with these safety regulations. OBJECTIVES 0 Protect Safe Train Operations El Promote a Safe Workplace 0 Protect NCTD's Railroad Property Work in such a manner as not to interfere with or endanger nonmal train operations Recognize potential hazards; Understand and follow safety requirements; Prevent injuries Prevent damage or risk to NCTD's railroad right-of-way and property There is no task so important titat it cannot te done safely! Bring this Manual to your Contractor Safety Training Examination. Copies of this page and the Zero Tolerance Safety Rules page contained in the Appendices must be signed, dated and on file with NCTD before you will be permitted to start work on NCTD railroad property. Pages North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29. 2010 ilH^ w THIS PAGE INTENTIONALLY LEFT BLANK Contractor Safety Training iVIanuai Amtrak: Nationwide intercity rail passenger service operated by the National Rail Passenger Corporation. Amtrak's Sty/^/ner trains operate over the SDNR. Ballast: Crushed rock supporting and restraining the track structure. BNSF: Burlington Northern Santa Fe, the interstate freight train operator on the SDNR. California Public Utilities Commission (CPUC): The state agency that administers and enforces both state and federal regulations of the railroad Industry. Centralized Traffic Control (CTC): A railroad traffic control system utilizing signals and track switches (turnouts) at "Control Points", operated remotely by the Train Dispatcher, to control and route train movements over a section of railroad. CTC permits the rapid routing and control of trains without the need for written Instructions to each train. It Is used where train traffic volume and speeds are high, such as on NCTD's railroad. COASTER: Commuter rail service operated by NCTD on the San Diego Subdivision. Contractor: As used in this manual, refers to any party, personnel or authorized worker, other than a railroad employee, who Is working on, or In a manner that could affect, railroad property. Contractor Safety Training: A safety training program for non-rallroad employees and personnel covering On-Track Safety, safety rules, procedures and regulations. All Contractor employees must complete this program before entering NCTD's railroad property. Control Point (CP): A location on a CTC-controlied railroad comprised of a switch or switches (turnouts) and signals to convey Instructions to approaching trains, and where trains can be routed by the Train Dispatcher from one track to another. The boundaries of a Control Point extend to signal poles on either side of the turnout or switch. Dark Territory: A portion of railroad that Is not controlled by signals or control points. In Dark Territory, train movements and maintenance activities must be authorized by the Train Dispatcher using a written Instruction called a "Track Warrant". Train speeds are much lower In Dark Territory than In CTC areas. Derail: A device to prevent unintended train movement. If an engine, car or on-track vehicle passes a derail, it will come off the track and stop. Employee-ln-Charge (EIC): A railroad employee assigned to provide On- Track-Safety for workers on or near the railroad right-of-way, commonly called a Flagman. An EIC Is trained and qualified on the General Code of Operafing Rules and FRA Roadway Worker Protecfion regulations. The EIC has the authority to halt work and/or remove workers from the property. If necessary to ensure the safety and Integrity of the worksite. All Contractor personnel subject to the EIC's supervision are required to follow his/her instrucfions promptly. Exclusive Track Occupancy: An On-Track Safety condifion, established by an EIC, which prohibits trains from entering into a secfion of the railroad controlled by that EIC. Federal Railroad Administration (FRA): The federal agency that administers and enforces the Code of Federal Regulafions (CFR) pertaining to railroad safety. Compliance with CFR codes and FRA regulafions is required by law. The requirements oufiined In this manual are driven by these regulafions and are designed to maintain compliance with the law. Page 5 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29. 2010 o c Contractor Safety Training Manual Flagman: A qualified Roadway Worker who has the authority to control the movement of trains & equipment over a designated secfion of track In order to provide On-Track Safety. The EIC assigned to a jobsite Is a qualified Flagman. Addifional Flagmen may be assigned to assist the EIC. However, only one EIC is assigned to a specific work locafion. Flagging Protection: The protection, by an EIC, of workers and/or work within or near the Foul Zone of the railroad right-of-way. See Employee-ln-Charge and On-Track Safety -, Fouling a Track: Placement of a person or a piece of equipment near a track where the person or equipment could be struck or impacted by a moving train or on-track equipment. Foul Zone: The 25-foot zone on either side of any track on NCTD's railroad. This defines the minimum portion of the railroad right-of-way where a person Is considered to be fouling the track. Foul Zone 20'-0" STANDARD TRACK CENTERS ^ | ^ 12'-6° MIM. *TRACK General Code of Operating Rules (GCOR): The FRA-required rules that govern the use of railroad tracks by trains, maintenance employees, contractors and others. Hardhat Decal: A decal indicafing successful complefion of the annually-required NCTD Railroad Contractor Safety Training. The non-transferable decal Is to be placed on the right hand side of each individual's hardhat so it Is visible when working on NCTD's railroad. Jobsite: Also referred to as "worksite". Any locafion on NCTD's railroad property where Contractor employees perform work; store or use materials and/or equipment; or access during Main Track (Mainline): The primary track used by trains. Some routes have mulfiple, parallel main tracks (sometimes called cfoi//3/e frac/c). Metrolink: Commuter rail service operated by the Southern California Regional Railroad Authority (SCRRA) In Los Angeles. Metrolink trains operate over NCTD's railroad connecfing Oceanside with Orange, Los Angeles, Riverside, and San Bernardino Counfies. Metrolink Operations Center (MOC): SCRRA train dispatching facility in Pomona, CA. Railroad traffic and maintenance activifies on NCTD's railroad are controlled and supervised by Train Dispatchers at this facility. See San Diego Subdivision Train Dispatcher. NCTD: North County Transit District, owner of the railroad which extends from the Orange/San Diego County line to one block south of Broadway St. In downtown San Diego and between Oceanside and Escondido. Pages North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0-June 29, 2010 Contractor Safety Training iVIanuai On-Track Equipment: Malntenance-of-way machines other than trains or engines, such as track cars, hi-rail vehicles, tampers, ballast regulators, etc. which are operated on the track. On-Track Safety (OTS): A state of freedom from the danger of being struck by a train or on-track equipment OTS Is established by an EIC applying operating and safety procedures governing track occupancy by personnel, trains and on-track equipment. Right-of-Entry Permit (ROE): A permit Issued by NCTD approving an outside party project that is on, crosses or impacts NCTD's property. An ROE permit plus prearranged Flagging Protecfion are required before an outside party may legally access NCTD's railroad property. Railroads have regulatory obligations to protect their traffic and infrastructure and control access to the right-of-way for work, construction and other projects. The NCTD Real Estate Department administers NCTD's Railroad Right-of-Entry permitting process. Right-of-Way (ROW): The property upon which the railroad track sits, on which the railroad has federally-protected r/sf/7f-of-iA^ay over any other possible public or private use. NCTD's railroad right-of-way in any particular area may be narrow, extending only 50-feet or so on either side of the track, or It may be over 200-feet wide. Consult your job's EIC to determine the limits of NCTD's railroad ROW. ^TRACK 12'-6" MIN, T 12'-6" MIN. 4'-0". 2'.-Q"SEE NOTE 7 TOP OF FINISHED SUB GRADE .<^^ SELECT MATERIAL NATURAL GROUND <AS REQUIRED) WALKWAY {3'-0" MIN. BOTH SIDES) ROADBED SECTIONS AT Fl! I S Roadbed: A graded area beneath and on either side of the track structure that provides support of and drainage for the track. Roadway Worker: A specially trained employee of the railroad, qualified on FRA's Roadway Worker Protection requirements, who Inspects, maintains, constructs or repairs railroad track, bridges, roadbed, signal and communication systems on or near tracks or with the potenfial of fouling a track. Contractors and personnel not engaged In the above activities are not Roadway Workers. Roadway Worker Protection: FRA-enforced safety regulations addressing specific On-Track Safety requirements for railroad personnel defined as Roadway Workers. SDNR: San Diego Northern Railway: Extends from the Orange/San Diego County line to Broadway St. in downtown San Diego and between Oceanside and Escondido. Page 7 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0- June 29, 2010 NCTD'S Railroad Escpndido Subdhrislon 3 Contractor Safety Training IManual San Diego Subdivision Train Dispatcher: The Dispatcher controlling train traffic and track access activifies on NCTD's railroad at any given fime. The train dispatcher works from the MOC and controls both the San Diego and Escondido Subdivisions. Sprinter: Light rail transit operated by NCTD on the Escondido Subdivision between Oceanside and Escondido. Sprinter Control Center: Controls Sprinter trains on the Escondido Subdivision. Switch: Special track work where one track splits into two or more, or that crosses over between two tracks. A switch permits a train to be guided onto one track or the other. Also called a Turnout Tram Dispatcher: The railroad equivalent to an Air Traffic Controller. See San Diego Subdivision Train Dispatcher, Centralized Traffic Control and MOC. Turnout: See Switch. Watchman/Lookout: A person designated to provide on-track safety by visually watching for trains and/or responding to the instrucfions of an EIC and direcfing workers when to get clear of the track and Foul Zone. Must be qualified to perform these dufies under 49 CFR Part 214. Working Limits: A secfion of the railroad controlled by an EIC/Flagman for maintenance or other purposes, such as access by contractors. \m>^- Page 8 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training iVIanuai 2.0 Right-of-Entry to NCTD Railroad Property North County Transit District (NCTD) owns, maintains and improves their railway In addifion NCTD operates the COASTER commuter rail service that parallels the coasfiine and Sprinter light rail system between Oceanside and Escondido. Other operators on the line include Amtrak Metrolink (SCRRA) and the BNSF freight railroad. NCTD's railroad is part of the U.S. General Railroad System of Transportafion as defined by the Interstate Commerce Act. NCTD has legal and regulatory obligafions and authority to protect the railroad from disrupfion or damage. Therefore, NCTD controls access to their railroad property and exercises some authority over projects on adjacent land that could affect the railroad. Prior to entering upon NCTD's railroad property, outside parties must obtain a "Right-of-Entry" permit from the NCTD Real Estate Department. This Department will coordinate with the contractor to have all necessary documents, plans and agreements submitted reviewed approved and executed. Entering NCTD's railroad property without a Right-of-Entry pemiit is trespassing. Failure to obtain proper approvals for work on or adjacent to NCTD's railroad property can result in the stoppage of work and the removal of all unauthorized personnel from the property. 2.1 Review and Approval Process NCTD reviews Right-of-Entry applicafions for compliance with structural, technical and safety requirements which include, but are not limited to: • Locafion of work; • Horizontal and vertical clearances; • Shoring, jacking and false work; • Maintainability; • Drainage impacts; • Property access impacts; • Compatibility with current and future right-of-way use plans; • Any issue determined to impact railroad safety or operafions; RIght-of-Entry permits will be issued only for projects which meet the railroad's standards, terms, condifions, Insurance, and indemnificafion requirements For complete requirements, contact the NCTD Real Estate Department at 760/966-6556 or visit the NCTD website at www.qonctd.com . Once a Right-of-Entry permit has been issued, the project manager must submit a Flagging Request at least 3 business days before starting work to schedule an NCTD Railroad EIC/Flagman (See Section 3: Flagging Protecfion). 2.2 Documentation and Identification When on railroad property, a copy of the RIght-of-Entry pemiit for the project must be available for Inspecfion. In addition, when entering railroad property you must: • Be current with the annually-required NCTD Railroad Contractor Safety Training. • Display a current NCTD Contractor Safety Trained decal on your hard hat. • Carry a valid photo ID (driver's license, employer issued ID card, etc.) Failure to have an approved Right-of-Entry Pennit, photo ID and a current NCTD Contractor Safety Trained hardhat decal is grounds for removai from the property. Page 9 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0- June 29, 2010 o Contractor Safety Training iVIanual o o 3.0 Flagging Protection NCTD's railroad Is in one of the busiest railroad corridors in the country. On average, about 60 trains each weekday traverse the line, most of which are fast-moving passenger trains. On-time oerformance of these trains Is crifical to the performance of the enfire corridor, which stretches between San Diego, Los Angeles and the San Francisco Bay Area. Delays or interrupfions to traffic here can have significant Impacts on passenger and freight trains hundreds of miles away from here For this reason, regardless of the nature of the work involved, it usually must be conducted "under traffic", without halfing or delaying trains. Federal regulafions define how to protect trains and workers. To accomplish this safely, work is conducted under "Flagging Protecfion" and the supervision of a railroad Flagman. All parties must obtain a right-of-entry permit before entering the right-of-way. Those with an aoDroved right-of-entry permit are required to submit a Flagging Request form at least three davs before needing to actually enter the right-of-way and start work. All Contractor personne must receive the required NCTD railroad safety training. Only after a permit is issued, all workers are safety-trained and a qualified railroad Flagman Is present may work begin. 3.1 When Flagging is Required Flagging protecfion Is required any fime personnel work in the railroad right-of- way, or work on non-rallroad property near or adjacent to the Foul Zone or right-of-way with the potenfial to Impact railroad operafions or Infrastructure. NCTD has sole discretion to determine the need for flagging protecfion In special circumstances. A Flagman is a qualified railroad employee certified on the GCOR, trained in the legal, regulatory and procedural requirements of the job dufies, and designated to provide the necessary protecfion. The NCTD Railroad Employee-ln-Charge (EIC) assigned to the job is a Flagman. Some jobs may require addifional Flagmen; however, only one Flagman may act as the EIC. Some examples of typical situafions requiring flagging protecfion are: . A utilities crew Installing pipe, cable, electrical lines or other infrastructure that crosses over or underneath the railroad tracks. • A cable TV or phone crew stringing cable on poles adjacent to the tracks. • A construcfion crane or excavator being used adjacent to railroad property, but with a boom that could potenfially swing into the Foul Zone of the active tracks. • A landscape crew trimming trees and brush along a street or park direcfiy adjacent to and within 25-feet of the tracks. Page 10 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual • A building Contractor excavating property adjacent to the railroad tracks that could cause settlement or ground movement affecfing the railroad right-of-way. • A meefing or field review occurring within or near the Foul Zone, such as engineers planning construction work or Inspecfing facilities. • A county survey crew marking property lines adjacent to the right-of-way. • A construcfion crew building or replacing railroad infrastructure under contract to NCTD (Roadway Workers). • A street maintenance crew repalnfing striping or repairing potholes at a public grade crossing. • Caltrans working on a freeway overpass where it crosses the railroad tracks. • A large-scale public event, such as a marathon foot race or street fair, that brings large numbers of people Into close proximity to the railroad right-of-way. In general, any fime work equipment Is operated, or when any type of construcfion, jacking, boring, landscaping, clearing, grubbing or demolifion acfivlty occurs In close proximity to the railroad, or has the potenfial to endanger the safe operafion of the railroad, regardless of elevation above or below track, fiagging protecfion is required. 3 3.2 Employee-in-Charge (EIC) / Flagman An NCTD Railroad Flagman will be assigned as the FRA-required Employee-in- Charge (EIC) for your job. The EIC establishes On-Track Safety to protect jobsite workers from being struck by a train or on-track equipment. Some jobs may have one or more addifional Flagmen assigned to the project, working under the EIC's supervision. However, only one Flagman Is designated the EIC. The EIC Is the primary on-site NCTD representative and authority. The EIC oversees the general safety of the project and interfaces with the Contractor's jobsite foreman or manager. NCTD Railroad EIC's are specially trained and qualified under FRA regulations and maintain the certlficafions required to perform the required dufies. They will provide selected safety training, dally job and safety briefings and protecfion to assure both the safety of the Contractor's work environment and the safe passage of trains. The EIC has absolute authority to temporarily halt work and to remove Contractor employees from the right-of-way in order to assure safety. In all cases Contractor employees must comply Immediately with the Instrucfions of the EIC. Page 11 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training iVianuai i 3.3 On^rack Safety On-Track Safety (OTS) is a condifion where workers authorized to be on or near the track, under the protecfion of a railroad Flagman/EIC, are protected from trains or on- track equipment by one of the following procedures: a) Exclusive Track Occupancy: The Flagman/EIC, in coordinafion with the Train Dispatcher, assumes control over a secfion of the railroad and prevents any other train or equipment from entering into it without the his or her permission. This section of the railroad, established between Mileposts or Control Points, becomes the "Working Limits" for a particular job and is temporarily "owned" by the EIC. Exclusive Track Occupancy may be established by: Form B Protecfion: Working limits are established on the railroad in advance by an EIC for a specified fime frame. The Train Dispatcher then issues a "Form B" bullefin to all trains, which identifies the EIC, the locafion and the fime frame of the working limits. The EIC may also mark each ends of the limits with red metal placards called "flags", posted adjacent to the track. This red flag requires a train to stop unfil the EIC grants it permission to proceed through the limits. When contacted by a train, the EIC will clear all workers and equipment from Foul Zone and ensure that it is safe before permitting the train to proceed. If the EIC does not grant the train permission to proceed, the train must stop and not enter the limits. This method is commonly used on NCTD's railroad as it permits trains to pass through the work limits with little or no delay while giving workers as much working fime as possible. Track & Time: This procedure is used only in CTC. When requested by an EIC (and traffic permits), the Train Dispatcher temporarily blocks-off the desired secfion of railroad and places It under the control of the EIC for a specific period of time. Until released by the EIC, the Train Dispatcher is prevented from roufing any trains into the Track & Time limits. Although obligated to release It by the explrafion fime, the Dispatcher cannot allow any trains into the limits unfil the EIC has actually done so, even if the explrafion fime has passed. Track & Time is used infrequenfiy to protect Contractors on the railroad as it does not allow much woridng time between each passing train and has the potenfial to delay trains. Track Warrant: (Used only in Dark Territory) A track warrant Is a written authority granted by the Train Dispatcher to a train or to an EIC to occupy a section of track. Without a track warrant, no train or work group is allowed to occupy the track. Once issued, another track warrant covering or overiapping the same territory cannot be Issued without the permission of the train or EIC holding the first track warrant. This prevents a train from entering working limits established by an EIC without that EIC's permission. The EIC will not permit a train into the limits unfil all workers and equipment are safely clear of the Foul Zone. b) Watchman/Lookout: This procedure is used in select circumstances where Contractor workers may be working near, but not fouling, a track, or on a project that Is on adjacent property and has the potenfial to affect the railroad. In this case, the Flagman does not establish working limits. Instead, he or she monitors the locations of approaching trains and alerts workers when a train approaches. Trains are not required to stop or to contact the Flagman as they approach; however, the Flagman has the ability to contact and stop trains In an emergency. The sole purpose of the Flagman is to provide safety. Do not ask the Flagman to perform any other task. Page 12 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training iVIanual c) Inaccessible Track: Used in yards and other auxiliary tracks where traffic Is not controlled by the Train Dispatcher. The EIC renders a section of track inaccessible by lining and locking switches, with an exclusive padlock, away from the work area, or by placing derails on the track, or by removing a secfion of rail from the track approaching the work locafion. Red fiags are usually placed on the track to alert train crews that the track is Inaccessible. This physically prevents a train or on-track equipment from entering the work area unless specifically allowed by the EIC. d) Track Out-of-Service: On tracks that have infrequent train traffic, the EIC may elect to remove the track from service. The EIC contacts the Train Dispatcher, who then "locks-out" the section to be removed from service. This way, no railroad traffic can be permitted on the line, allowing workers to enter the right-of-way without further protecfion from trains. If on-track equipment is to be used, however, an EIC/Flagman may still be required to protect workers. 3.4 EIC Communications During the job safety briefing given before starting work, the EIC will explain the type of OTS being provided and what you are required to do to get clear of the tracks when Instructed. The EIC will Identify a safe locafion or distance to go when he or she Instructs workers to clear the track. a) Air Horn or Whistle: The EIC and/or asslsfing Flagmen will use a hand-held air horn or a loud whisfie to give an audible signal to stop working and move to the safe locafion identified In the job safety briefing. If noise or other distracfions may prevent you from hearing the audible warning, an addifional warning method may be Identified during the job briefing, such as a shoulder tap. 3 Air Horn Whistle When the signal is given, you must promptly stop all work acfivlfies and move to the designated safe area outside the Foul Zone and wait for the EIC to authorize resumpfion of the work. Page 13 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 O Contractor Safety Training Manual b) White Disc: In addifion to the air horn, the EIC/Flagman will have a white disc or paddle for giving visual signals to the work group. When held up vertically, this is a signal to stop working and move to the safe locafion idenfified by the EIC In the job safety briefing. When held horizontally towards the track, this is a signal that It Is safe to resume work. Move To Safe Location Resume Work mmmm c 3.5 Right to Question If you feel the on-track safety being provided Is Inadequate you may, at any fime in and In good faith (which means sincerely, without hosfility or disrespect), request a clarification or reevaluation of the protecfion by the EIC. If you or anyone else makes such a request, everyone must remain clear of all tracks unfil the question Is resolved. The EIC, Contractor Supervisor and the NCTD Railroad Supervisor must resolve the Issue before work can begin. o Page 14 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual 4.0 Working on the NCTD's Railroad Right-of-Way 4.1 EIC Instructions: All Instrucfions given by the EIC must be followed carefully and promptly. The EIC may, as condifions warrant, require more stringent safety procedures than are specified In this manual. If you are unclear or have concerns or quesfions about the Instructions of the EIC, Immediately remove yourself from the Foul Zone unfil the Instrucfions are cleariy understood. In case of doubt or dispute, everyone affected must clear the Foul Zone until the Contractor's foreman or supervisor and the EIC or his/her supervisor resolves any Issues or concerns. 4.2 Job Briefings At the beginning of each workday, and anytime during the workday the work plan or job changes, a job briefing must be conducted or supervised by the EIC prior to your entering the Foul Zone. You are required to attend and sign the job briefing form. Job briefing Information Includes, but Is not limited to: the NCTD Railroad All workers should ask about and understand the on-track protection provided. Any quesfions should be resolved before proceeding with the work. • Deslgnafion/ldentlfication of Employee-ln-Charge (EIC) Type of on-track protecfion Time limits of the protecfion Method of nofification (air horn, white disc, etc.) of approach of trains Track(s) that may be fouled Status of other track(s) at worksite A designated place of safety where workers must clear for trains A designated assembly place In case of an emergency Designated work zones Specific job(s) to be done or equipment moves(s) to be made Responsibilities of each worker Addifional Instrucfions may Include an unusual or a specific reminder due to a hazardous condifion or unusual pracfice. New job briefings must be given when • The job, locafion or OTsQjhanges • New workers or visitors enter working limits • The next work shift begins, even If there are no changes from the previous day CIA -rra-OO Changes Mean a New Briefing ttttt ; Briefing ' Bfic-'llKj Brief]; iQ Briefing Briefing Page 15 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0- June 29, 2010 © o Contractor Safety Training Manual Personai Protective Equipment (PPE) The following protective equipment is required to work on NCTD's railroad property. All equipment should be in "good shape". Your employer may require addifional PPE based on the type of work to be performed: a) Plastic Hardhats as specified by CAL/OSHA and/or Fed/OSHA. No metallic hardhats. b) Eye Protection meefing ANSI Z87.1 standards. c) Orange or Lime Safety Vest with reflective tape d) Footwear that provides ankle support, has thick, rugged soles to give good tracfion and to withstand punctures from sharp objects. Proper attire includes: • Waist-length shirt with sleeves & ankle-length pants. • Clothing that doesjnot interfere with vision or hearing, and allows free use of hands and feet. • Lace-type or securely-buckled boots at least 6" high with a defined heel. Steel toe boots are recommended. Improper attire includes: • Shorts, skirts, or other loose or ragged clothing , . • Neckties or loose jewelry • Open toe, lounging or jogglng-type shoes, unlaced or unbuckled shoes, shoes without a defined heel, and worn or poorly-fitting shoes with loose soles 4.4 Potential Hazards ^ As previously stated, NCTD's railroad carries about 60 trains on a typical day. The trains are mosfiy passenger trains operafing at high speeds. Trains approach relatively quietly. You should be on the lookout for trains on any track, at any fime, and in either direcfion. In addifion to the obvious hazards of passing trains, there are numerous other hazards on the right-of-way: Foofing is poor around the track and on the ballast, fies and rails. Slopes are often Irregular and steep. On-track vehicles and machines operate on the track In addifion to the trains. In addifion to trains, NCTD and others operate vehicles and other equipment along the right-of-way. Vegetafion may hinder visibility and foofing or cause an allergic reacfion. Drivers at road crossings may be unaware of workers on the right-of-way Page 16 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0- June 29, 2010 Terrain on the Right-of-Way can be iriP^^USi- steep. W^tlsli your footing at all times. Contractor Safety Training Manual C f t 1 % ' KeepCleac 1 of Switches! • There are numerous utility lines and crossings, both above-ground and underground on the right-of-way. This Includes electrical lines, high-pressure gas lines, fiber opfic cables, etc. • Track components may be wet or slick. • Switches have remotely-controlled moving parts and may move at any fime. • Other work processes, such as track or right-of- way maintenance may occur nearby or at the work site. • In addifion to track and bridges, railroad infrastructure Includes signal equipment that must not be damaged or impacted. Do not interfere With any signal equipment. Promptly report any accidental contact with signal components. 4.5 Emergency Situations Immediately report any accident, injury or emergency to your foreman/supervisor AND the NCTD Railroad EIC! The EIC is able to contact trains, the train dispatcher and emergency responders including fire, police and paramedics. Immediately report to the EIC any defects in tracks, bridges, signals, utilifies or communicafion facilifies or any unusual condifion that may affect job safety and/or the safe operafion of the Railroad. If persons are injured, do everything reasonable to assist or provide for their care. In case of personal injury, loss of life or damage to property, Immediately secure any tools or equipment involved. Page 17 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual H C r U ^.mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm^^ 5.0 NCTD's Railroad Right-of-Way Safety 5.1 Zero Tolerance Policy ANY of the following WILL RESULT IN YOUR REMOVAL FROM THE PROPERTY and could result in your job being shut down: • Right-of-Entry: Failure to have a valid Right-of-Entry Permit for your project when on railroad property. • Foul Zone: Entering into the Foul Zone without permission or instructions from an NCTD Railroad EIC/Flagman assigned to your job. • Safety Training; Failure to have a current Contractor Safety Trained hardhat decal on your hardhat. • EIC Instructions: Failure to promptly comply with the instrucfions of the NCTD Railroad EIC or Flagman. • PPE: Failure to wear or use appropriate clothing and PPE as oufiined in this Manual. • Machinery: Operafing any machine in close proximity to the Right-of-Way or Foul Zone unless the NCTD Railroad EIC/Flagman has indicated that it Is safe to do so. • Rail: Stepping or standing on the top of a rail. • Intoxicants: Consuming, being under the influence of or having in your possession any alcoholic beverage. Intoxicant, controlled substance, drug or medicafion, other than a prescripfion medicafion that does not affect your alertness or judgment, when on railroad property. • Cell Phones: Do not conduct cell phone calls anywhere in the Foul Zone. Stand clear of the Foul Zone when using a cell phone. Do not allow a cell phone conversafion to distract you from maintaining your own personal safety or the safety of others. While using a cell phone on railroad property you must remain stafionary. Use of cell phones for jobsite related communicafion must be pre-approved by the EIC. 5.2 Personal Safety Rules: • Personal Listening Devices: The use or possession of personal listening devices, such as radios, CD, MPS and cassette tape players, or other devices that may impair your hearing while you are in or near the Foul Zone, is prohibited. • Horseplay: Do not engage In horseplay, physical altercafions, or pracfical jokes. Unless specifically required by your duties or an emergency situation, running or jumping is prohibited. • Weapons: Firearms or other potenfially deadly weapons, including knives with a blade in excess of three Inches, are prohibited on railroad property. • Railroad Equipment: Unless authorized and safety-briefed by the EIC for a job- related purpose, keep off of locomotives, cars and other railroad equipment. Page 18 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual 5.3 Right-of-Way Safety Rules: Keep clear of the Foul Zone of any track unless an NCTD Railroad EIC has established On-Track Safety and allows the activity. Always look both ways before crossing tracks, regardless of the OTS being provided. Expect moving trains or equipment on any track, at anytime in any direction. Engines may push or pull a train, and there could be an uncontrolled movement of equipment, either of which can approach very quiefiy. Do not Interfere with the operafion of any railroad equipment, such as wayside signals or grade crossing warning devices. Step over the rails when crossing the tracks. Never step on top of a rail. Never walk, stand, or sit on the rails. Stay away from track switches. The mechanism may be controlled remotely and can move unexpectedly with enough force to crush rock! Stay clear of any other railroad device with which you are not familiar. Never stand between the rails of an adjacent track or between tracks when a train is passing unless instructed by the EIC. Give at least 50 feet of clearance from the end of any piece of standing equipment when crossing tracks occupied by engines, railroad cars, or on-track equipment. Keep an eye on the equipment in case it moves unexpectedly, and stay within the operator's sight whenever possible. Never cross a track between standing equipment if there is less than 50 feet between the equipment. NEVER cross tracks by going underneath, over or through cars, engines or on-track equipment. Stop working while trains are passing if you are within 25 feet of the track. Always stand as far back as possible to prevent injury from flying debris or loose rigging. Stop all mechanized equipment while a train passes through your work area, unless specifically pennitted by the EIC to keep working. Secure or lower booms, backhoes, excavators, buckets, etc., clear of the tracks. Whenever possible, face the direcfion of the approaching train or on-track equipment; Move your vehicle at least 25-feet away from the track when a train approaches. If this is not possible, secure the vehicle, exit and stand a safe distance away from the tracks unfil the train passes. Never put yourself into a posifion where you cannot quickly and safely secure and exit your vehicle. Page 19 North County Transit District Rail System Safety Department 810 Mission Avenue. Oceandde. CA 92054 Version 4.0 - June 29. 2010 Contractor Safety Training Manual H t r U mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 6.0 Contractor's industrial Safety Responsibilities The NCTD Railroad EIC is responsible to provide On-Track Safety and oversee the general safety of the jobsite. While fiie EIC may stop work if he/she observes OSHA wori<place safety violations, the EIC is not responsible to ensure that Contractor personnel comply with applicable OSHA or other regulatory safety requirements. The Contractor's foremen or supervisors are responsible for the safety of their crews and must guard their crews against workplace dangers and injuries. Although FRA regulations govern railroad workplace safety, non-railroad workers on railroad property are sfill subject to OSHA safety regulations pertaining to their work. In addition, contractor personnel are responsible for complying with the following: 6.1 Vehicles, Machinery & Heavy Equipment Always drive vehicles and operate machinery in a careful, caufious manner. Speed limit on the right-of-way is not more than 15 mph and may be lowered if conditions warrant. In addifion, the following rules apply to vehicles and equipment operafing on railroad property: • Audible backup waming devices are required on all heavy equipment. • Do not carry unauthorized persons on equipment. Foremen/supervisors must know that persons qualified to be on equipment are properiy posifioned before movement is made. Do not transport passengers in truck beds or on heavy equipment. • Equipment Operators must know the locations of overhead and underground wires, ufilifies and other known hazards. Operator must have a clear understanding of how to protect utility lines and him/herself before operafing machinery. NEVER move equipment across the tracks except at established road crossings. Tracked or rubber fired equipment requires the supervision of a Flagman any fime railroad tracks are to be crossed. • NEVER move tracked or rubber fired equipment across railroad bridges. 6.2 Electrical Electrical wires must be considered live at all fimes. Do not depend on the insulafion of wires for your safety. In addifion: • Keep away from all overhead and underground wires. • If necessary to run cords across the track, they must be placed underneath the base of rail. Ask the EIC for Instrucfions on doing this property. • Do not place any metal objects across rails. • Do not excavate unfil: > Dig Alert has been contacted and site Identification is complete; > NCTD's Railroad Communicafion & Signals Department has identified and marked any buried signal wires and conduits. > All required NCTD and OSHA shoring and bracing requirements are met. 7 tA4:-r5 Page 20 A/Off/) County Transit District Rail System Safety Department 810 Missiwi Avenue, Oceanside, CA 92054 Version 4.0 - June 29. 2010 Contractor Safety Training Manual 6.3 Small Tools & Work Equipment Small tools and other equipment on the jobsite must be controlled and secured to prevent any interference with operation of trains: • Operate all tools and equipment in a safe manner, consistent with instructions and the intended use. Keep all connecfing hoses and wires clear of the track. • Do not leave hand tools on the track or in areas where they may interfere with train operations. • Store and secure all materials and small tools when the work site is unattended. • Properiy restore all fencing and security equipment before leaving the job site. • When equipment is left unattended: > Engine must be stopped and ignifion locked. > Parking or hand brake must be securely set. > Keys must be in possession of operator or authorized employee. > Wheels must be securely blocked on grades. > Equipment must be secured in a highly visible area or protected area. 6.4 Housekeeping CPUC General Orders 118 and 260 require that lateral and vertical clearances around a railroad track and a safe walkway parallel to both sides of the track be maintained. Material and equipment must not be stored closer than 25 feet from the closest rail. The EIC may direct Contractor's employees to correct conditions not in compliance before allowing trains to pass or the end of the work day. Page 21 North County Transit District Rail System Safety Department 810 Mission Avenue, Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual THIS PAGE INTENTIONALLY LEFT BLANK Page 22 North County Transit District Rail System Safety Department 810 Mis&on Avenue. Oceanside, CA 92054 Version 4.0 - June 29, 2010 Contractor Safety Training Manual APPENDICES Verification Forms: Appendix A: Right-of-Way Milepost System Maps Appendix B: NCTD's Safety Objectives Verification Form Appendix C: Zero Tolerance Safety Rules Verification Form Page 23 North County Transit District Rail System Safety Department 810 Mis&on Avenue. Oceanside, CA 92054 Version 4.0 - June 29. 2010 i I San Diego Subdivision - pg. 1 T H(|ii wattr: uu>.: tan iofc I" - t mik UAMiKm= 40 MCI I Pt HPUi;.' M.\K< JON iw»h » .« MP! 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'J 5^ 1-t 7 -.2 .4 sS %5 BFT 4 T 3 PI Ml-MAllOC«<<-< »MPII Pt «P( t .1 .-iMPII •iOMPII - '15 MPII HI.V k s luMPII ni«ihU.k - 1 MPH t.HI t S^45MPH Ht.t I =;iiMPtl tt Bii i: = « MPII , - (..MPII •s « MPH IKINAI (iVt.. M«<n 7. Jim o o 3 •I tt O I* o tt 9 H 3 3 (fi tt 3 e tt APPENDIX "J" LOCKING MANHOLE COVER TO BE INSTALLED ON LA COSTA AVENUE '••^ Revised 11 /24/10 Contract No. 6602 and 6607 APPENDIX J REMOVE EXISTING MAN HOLE COVER AND REPLACE WITH MANHOLE LOCKING DEVICE PER SDRSD M-4 ACROSS FROM 2504 LA COSTA AVE NOT TO SCALE SITE SITE NOT TO SCALE VICINITY MAP VICINITY MAP NOT TO SCALE t ROJECT NAME LOCKING MANHOLE COVER TO BE INSTALLED ON LA COSTA AVENUE PROJECT NUMBER 6607 PLOTTED BY: SCOTT EVANS PLOT DATE:1/23/12 PATH:C:\UmJTlES DEPARTUENT\DESIGN D/WSfON\HOIMRO\CWP imACEUENT PROGRAU\MALLORCA STORU DRAIN\APPENDIX J EXHIBIT.DWG