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T C Construction Company Inc; 2007-10-10; 3955
DOC# 2008-0208325 Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 APR 18, 2008 3:40 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G REG DRY J. S MIT H. CO U N TY R E CH R D E Fi FEES: 0.00 PAGES: Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on March 4, 2008. 6. The name of the contractor for such work of improvement is TC Construction Company, Inc. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as Demolition of Pajama Drive Water Facility, Project No. 3955. CARLSBAD MUNICIPAkWATER DISTRICT GLENN PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Driye, Carlsbad, California, 92008. The Executive Board of said District on fi/CLAjLQ^ /£> , 2008, accepted the above described work as completed and ordered thaf a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ftjLUJ- /L> 2008, at Carlsbad, California.i WATER DISTRICT AB 652 RESO 1316 vv^»ni"//, CARLSBAD MUNICIPAL WATER D /f^tpklg^ CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL, AND Q) TECHNICAL PROVISIONS FOR DEMOLITION OF PAJ AM A DRIVE WATER FACILITY CONTRACT NO. 3955 Oil BID NO. FWS08-07ENG Revised 5/01/07 Contract No. 3955 Page 1 of 95 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement of Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 5/01/07 Contract No. 3955 Page 2 of 95 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 40 1-3 Abbreviations 44 1-4 Units of Measure 47 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 49 2-2 Assignment 49 2-3 Subcontracts 49 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 2-6 Work to be Done 54 2-7 Subsurface Data 54 2-8 Right-of-Way 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 55 2-11 Inspection 55 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 56 3-2 Changes Initiated by the Agency 56 3-3 Extra Work 57 3-4 Changed Conditions 60 3-5 Disputed Work 61 Section 4 Control of Materials 4-1 Materials and Workmanship 64 4-2 Materials Transportation, Handling and Storage 68 Section 5 Utilities 5-1 Location 69 5-2 Protection 69 5-3 Removal 70 5-4 Relocation 70 5-5 Delays 71 5-6 Cooperation 71 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 71 6-2 Prosecution of Work 72 6-3 Suspension of Work 72 6-4 Default by Contractor 72 6-5 Termination of Contract 73 6-6 Delays and Extensions of Time 73 6-7 Time of Completion 74 6-8 Completion, Acceptance, and Warranty 75 6-9 Liquidated Damages 75 6-10 Use of Improvement During Construction 76 Revised 5/01/07 Contract No. 3955 Page 3 of 95 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 76 7-2 Labor 76 7-3 Liability Insurance 77 7-4 Workers' Compensation Insurance 77 7-5 Permits 77 7-6 The Contractor's Representative 77 7-7 Cooperation and Collateral Work 78 7-8 Project Site Maintenance 78 7-9 Protection and Restoration of Existing Improvements 80 7-10 Public Convenience and Safety 81 7-11 Patent Fees or Royalties 86 7-12 Advertising 86 7-13 Laws to be Observed 87 7-14 Antitrust Claims 87 Section 8 Facilities for Agency Personnel 8-1 General 87 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 87 9-2 Lump Sum Work 88 9-3 Payment 88 SUPPLEMENTAL PROVISIONS TO PART 2, 3 OF THE SSPWC Part 2 Construction Materials Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 92 Section 213 Engineering Fabrics 213-2 Geotextiles 92 213-3 Erosion Control Specialties 92 Section 215 Bonded Fiber Matrix 215-1 Bonded Fiber Matrix 93 Part 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 94 300-2 Unclassified Excavation 94300-4 Unclassified Fill 95 Section 313 Bonded Fiber Matrix 313-1 Bonded Fiber Matrix 95 DIVISION 02 - SITE WORK 02050 Demolition TECHNICAL SPECIFICATION APPENDICIES Appendix A Door Hanger Appendix B Pre-Demolition Asbestos Survey & Lead Testing Report from Winzler & Kelly Consulting Engineers dated June 29, 2007 Appendix C California Stprmwater BMP Handbook Construction Details for Silt Fence (SE-1) and Hydraulic Mulch (EC-3) Appendix D Categorical Exemption from Planning Department Revised 5/01/07 Contract No. 3955 Page 4 of 95 Pages CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON SEPTEMBER 27, 2007, the Carlsbad Municipal Water District (District) shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove 50,000 gallon welded panel steel tank, control building, concrete, asphalt pipelines and appurtenances on Pajama Drive in Oceanside. DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 BID NO. PWS08-07ENG 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 Carlsbad Municipal Water District 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 District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the Carlsbad Municipal Water District 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. Sections 2 & 3. 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 5/01/07 Contract No. 3955 Page 5 of 95 BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $50.000 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. 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: C21, Building Moving/Demolition. 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 twenty dollars ($20.00) per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 5/01/07 Contract No. 3955 Page 6 of 95 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 Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held at the project site located on Pa jama Drive in the City of Oceanside, CA on Thursday, September 13, 2007, at 10:00 a.m. Personal investigation by Contractor is mandatory. The project site is locked. This will be the only opportunity for a site visit. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Revised 5/01/07 Contract No. 3955 Page 7 of 95 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 District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. August 23. 2007 Date KAREN R^KJW4J3TZ,/£sistant Secretary Publish Date: August 25, 2007 Revised 5/01/07 Contract No. 3955 Page 8 of 95 *** CARLSBAD MUNICIPAL WATER DISTRICT DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 CONTRACTOR'S PROPOSAL Board of Directors I OPEN^ WITNESSED AND RB Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 „ °ATE - SIGNATURE 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. 3955 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description 1 Demolition of Pajama Drive Water Facility at SCHEDULE "A" Approximate Quantity and Unit LS Unit Price Total $ 22 Dollars (Lump Sum) Erosion Control - Silt Fence per California Stormwater BMP Handbook Detail SE-1 at 160 LF $ Dollars per Linear Foot 3 Permanent Erosion Control at LS $ / Q\"S . Dollars (Lump Sum) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ •7%fecg>AiJD Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / has/have been received and is/are included in this proposal. Revised 5/01/07 Contract No. 3955 Page 9 of 95 Pages The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under licensp^nurnber ^)L^P\ , classification A? C-9>\ which expires on " ~\CH , and that this statement is true and correct and has the legal effect of A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is t/v/Nlly (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 5/01/07 Contract No. 3955 Page 10 of 95 Pages License Detail Page 1 of 2 Thursday, September 27, 2007 License Detail Contractor License # 402459 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P7124.6). 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 data base. Extract Date: 09/27/2007 * * * Business Information * * * T C CONSTRUCTION COMPANY INC 10540 PROSPECT AVE SANTEE, CA 92071 Business Phone Number: (619) 448-4560 Entity: Corporation Issue Date: 04/07/1981 Expire Date: 04/30/2009 * * * License Status This license is current and active. All information below should be reviewed. * * *Classifications * * * Class ( Description ^_, ^__^^ IA [GEN§R7Ili^lNElRliNG' ~~~ ** * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9049830 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) TERRY WILLIAM CAMERON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/07/1981 BOND OF QUALIFYING INDIVIDUAL^): This license filed Bond of Qualifying Individual number 9032997 for AUSTIN ALEXANDER CAMERON in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 09/27/2007 License Detail Page 2 of 2 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the VIRGINIA SURETY COMPANY INC Policy Number: 1CW50212601 Effective Date: 11/01/2006 Expire Date: 11/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request Salesperson Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 09/27/2007 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 City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Revised 5/01/07 Contract No. 3955 Page 11 of 95 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted TTv C/DnffirUffi\Of\ CO-j (2). (&§na1ure) (Title) Impress Corporate Seal here r (3) Incorporated under the laws of the State of. (4) Place of Business 10540 X-N _< n » (Street and Number) City and State .SQm6£x CA Q2Q1 1(5) Zip Code _ Telephone No. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 5/01/07 Contract No. 3955 Page 12 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared me } | p p. r 4 •.lo ) ir . Name andTitle 6fT5fficer (e.g., "Bane Doe, Notary Publb") * Name(s) of Signer(s) SANDRA BOUCHER Commission #1596821 Notary Public - California San Diego County My Comm. Expires Aug 4.2009f ""^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person^ whose namefcjpaSStfe subscribed to the within instrument and acknowledged to me that (jj^sbfiftbey executed the same <(ii hitter/their authorized capacitates), and that ^^^tec/tbeic.signaturets).on the instrument the persoflts), or the entity upon behalf of which the person^acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sign 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 Attached Document Title or Type of Document: Signer(s) Other Than Named AboveT- . Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here jner's Name:. Dine D CorporaXOfficer — Title(s): D Partner — CHimited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 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: Auefm Qflmgrpflj MP/Sac. Revised 5/01/07 Contract No. 3955 Page 13 of 95 Pages m BID SECURITY FORM (Check to Accompany Bid) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified "Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of BID KM) 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 District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. TC Construction Co/ Inc BII^DEK Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 5/01/07 Contract No. 3955 Page 14 of 95 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 KNOW ALL PERSONS BY THESE PRESENTS: That we, TC Construction Company. Inc. , as Principal, and Safeco Insurance Company of America. as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent (10%) of total bid-— for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 PWS08-07ENG in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. Amt* Revised 5/01/07 Contract No. 3955 Page 15 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .~& U2O Q On Date personally appeared , 23n?efore me, Name an e.g, "Jane Doe, Notary Fljbfic") Name(s) of Signer(s) SANDRA BOUCHER Commission* 1596821 Notary Public - California f San Diego County My Comm. Expires Aug 4,2C Place Notary Seal Above ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(SdBZ&fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same ir(^iZhGir/tiioir authorized capacityr^es), and that by^^Dicr/thotf signature"^ on the instrument the persortrjs)^ or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. SignatL Signature ot Notary Public 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 Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's D Individual D Corporate Officer —"tme^s): D Partner — D Limited D Ge> D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:, Jop of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared 1 } me, g^r'vn ^^msiAc^— Name and Title of Officer (e.g., Jane Doe, Notary Publit") Name(s) of Signer(s) SANDRA BOUCHER k Commission # 1596821 I Notary Public-CaWomta f San Diego County f MyComm. Exptfe«Aug4.2009f Place Notary Seal Above known to me D (or proved to me on the basis of satisfactory evidence) re subscribed to the dged to me that ivlheii' authorized to be the person^whose nam within instrument and ackno igjsfre/they executed the same capacilyties^and that b^CHi§3J5T/trretr signature^ on the instrument the personfsVor the entity upon behalf of which the persoil^) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 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 Attached Documei Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here D Individual D Corporate Officer D Partner — D Limited D D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ~2-\ day of _ PRINCIPAL: TC Construction Company, Inc. (name^f_Principal) (print name here) (Title and Organ] By: (sign here) (print name here) (title and organization of signatory) w\\DeV 20 Q~l. 18thExecuted by SURETY this of September SURETY: Safeco Insurance Company of America (name of Surety) P. 0. Box 29082, Glendale, CA 91209 address of Surety) (818) 956-4200 (telephone number of Surety) By: .^__3 ^L-Q^ jTO^L (signature of Attorney-in-Fact) Tara Bacon, Attorney-in-Fact (printed name of Attorney-in-Fact) day (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel BV: Deputy General Counsel Revised 5/01/07 Contract No. 3955 Page 16 of 95 Pages ACKNOWLEDGMENT State of California County of San Diego On September 18. 2007 before me, Maria Hallmark. Notary Public, personally appeared Tara Bacon, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature MARIA HALLMARK { COMM. #1508244 o NOTARY PUBLIC-CALIFORNIA OT SAN DIEGO COUNTY ™My Commission Expires - AUGUST 17.2008 \ (Seal) POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No 5528 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ».#*.».»«,«,»«.»TARA BACoN; DALE HARSHAW; CAROLYN M. KERL; JACK G. LUPIEN; BRADLEY R. ORR; GEOFFREY SHELTON; JOHN C. STARICH; San Diego, California************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 6th day of February 2007 STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 18th day of September 2007 S-0974/DS 4/05 W STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation WEB PDF Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11 -02-1953 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0163 California Company ID #: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact T''» company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 09/27/2007 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 11, 2007 12:43 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 09/27/2007 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 5/01/07 Contract No. 3955 Page 17 of 95 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors 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. A•^ Revised 5/01/07 Contract No. 3955 Page 18 of 95 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* 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 5/01/07 Contract No. 3955 Page 19 of 95 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 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 Aufl.o£ OCt- Ob frZQ.Ob Name and Address of the Employer Name and Phone No. of Person to Contract cctx- aas tsrtwWjy ] ^ *iloo sp CA 32401 «0KAS53-ii«4awwiam wons- e*T3^D [rye MoodyInnovation Df-*30Dd2M K58) CT13- 4QOO 6rryav sp-\o»o second&Ve.&5oo<sDCte.ic»Hrcuruk Romero 10101) 533- MLJfoM Type of Work Demov-mon > c nadir Hazardous Ato& am* c&mo Hc*ei andRe=*taurar>4- Amount of Contract ? ««W/Tbir ism^STs:- Umo\jtt\ on tfass.42.1. - Revised 5/01/07 Contract No. 3955 Page 20 of 95 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 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: 5* Comprehensive General Liability IF Automobile Liability [^Workers Compensation B Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 5/01/07 Contract No. 3955 Page 21 of 95 Pages Client#:2318 TCCON1 .^ss» S. ACORD- CERTIFICATE OF LIABI PRODUCER JJnionBanc Insurance Svcs, Inc. 50 B Street, Suite 2400 San Diego, CA 92101 800 421-6744 INSURED T C Construction Co., Inc. 10540 Prospect Avenue Santee, CA 92071 LITY INSURANCE DATE (MMfDD/YYYY) 10/29/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Old Republic Genl Ins Cor INSURER B: Firemans Fund Insurance Company INSURER C: INSURER D: INSURER E: NAIC# 24147 21873 COVERAGES "**««, MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSftLTR A A A B IDD'lNSRE TYPE OF INSURANCE GENERAL LIABILITY x_ x~ COMMERCIAL GENERAL LIABILITY | CLAIMS MADE [xl OCCUR BI/PD Ded:25000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY 1X1 JECT 1 1 LOG AUTOMOBILE LIABILITY X x~ X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS Comp Ded Coll Ded GARAGE LIABILITY ANY AUTO EXCESSftJMBRELLA LIABILITY [ OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe underSPECIAL PROVISIONS below OTHER Equipment Inland Marine $5,000 Deductible POLICY NUMBER A1CG501 10702 A1CA501 10702 see description see description A1CW501 10702 MZI98308351 POLICY EFFECTIVEDATE IMM/DDrm 11/01/07 11/01/07 11/01/07 11/01/07 POLICY EXPIRATIONDATE (MM/DD/YY) 11/01/08 11/01/08 11/01/08 11/01/08 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occuirence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHFR THAN ^* ACC AUTO ONLY: AG(, EACH OCCURRENCE AGGREGATE Y I WCSTATU- IOTH-A | TORY LIMITS I 6R E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000.000 $100,000 $5,000 $1.000,000 $2,000.000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 $12,579,051 Scheduled $400,000 Leased/Rented Cranes 10% ded 5000 Min Certificate is subject to policy limits, conditions and exclusions. Auto-$1,000 comp & coll ded for autos cost new less than $75,000 $5,000 comp & coll ded for autos cost new more than $75,000 Re:27-409, Demolition of Pajama Drive Water Facility, CN#3955, Bid # PWS08 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Ten Dav Notice for Non-Pavment of Premium [ City of Carlsbad Kevin Davis, Public Works Purchasing Department *' 1 635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RDtOBOfRRXR MAIL 311 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE l£rT,JURM(KK9UDUeRXIBGM]tMX NK^RJUUGJlNRJCNOIKMMJUIIMXXIiRKmiHUXMI^^ XD9XKXKKKXKKXX AUTHORIZED REPRESENTATIVE V&^Jte^&Z? ACORD 25 (2001/08) 1 of 3 #M414162 MGGUE © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). 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 endorsements). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #M414162 DESCRIPTIONS (Continued from Page 1) 07ENG. The City of Carlsbad, its officials, employees and volunteers are Darned as addl lnsd(GUAL)per captioned operations of the named Insd. -fOoverage is primary (GL). Waiver of subrogation applies(GUAUWC). AMS 25.3 (2001/08) 3 of3 #M414162 POLICY NUMBER: A1CG50110702 COMMERCIAL GENERAL LIABILITY TC Construction, Inc. Eff. 11/1/07 to 11/1/08 CG 20 37 °7 °* THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization^): "Blanker as required by written contract Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: Al CG50110?02 • TC Construction Co., Inc. Eff. 11/1/07 to 11/1/08 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE II Name Of Additional Insured Person(s) Or Organization(s): Blanker as required by written contract Locafion(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organizafion(s) shown in the Schedule, but only with respect to liability for "bodily injury^ "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply; This insurance does not apply to "bodily injury" or "property damage" occurring after 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organisation other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURANCE WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to SecBon II - Liability Coverage. A. - Coverage. 1. Who Is An Insured: d. Any parson or orgarikaBon to whom you become obligated to Include as an additional insured under this pohcy, as a result of any contract or a|regmenl you enter Into which required you to furnish Insurance to that person or drganeatibn of Ihsi type provided by Ihis potey. but only with respect ta BablOty arising out of your operations or premisesowned by or rented to you. However, the Insuraruia provided Witt not exesed ths lessor 6fc 1. The coverage or limits of 9ils policy, or 2. The coverage or limits required by said contract or agreement. Na'med Insured Policy Number Policy Period Producer's Name: Producer Number TC Construction Co., Inc. A1CA501 10702 11/1/07-11/1/0$ Endorsement No. Endorsement Effective Date:11/1/07 Union Bane Insurance Services .. , .^rtk — . , _ .,.., 1.1/1/07 DATE CA EN GN 00200*05 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PUEASE READ IT CAREFULLY. THIS ENDORSEMENT MDDFES INSURANCE PROVIDED UNDER THE FDLLOWINS: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Haras of Additional Insured Persons) Or Orssilrgaon(s)t Locallan(E) of Covared Operations AS requited by written contract InformaSon required to complete IhlE Schedule, IT not shown above, win be shown in the Declarations. The insurance provided t>y fhte endorsement Is primary Insurants and wa wffi not seek contribution from any Dinar insurance of a like kind available IB BIB parson or organfcaBon shown In the schadula above unless iha other insurance is provided by a contractor offw fhan the person or organizafion shown in ths schedula above for he same DperaBon and job (ocaSon. If so, we wiD share whri thai other Insuranca by the method described in paragraph 4.c. of SecBon IV - Commercial Genera! Liability CDndiBons. AH other terms and conditions remain unchanged. Named Insured PoBey Number PoOcy Period Producer's Name Producer Number TC Construction Co., Inc. A1CG50110702 11/I/07-11/1/ Endorsement No. .Endorsement ErTecUve Date10 11/1/0? Union Bane Insurance Services /+> 11/1/07 DATE CGENGN03290B03 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER PROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate dlrecfly or indirectly to benefit anyone not named In the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured Policy Number PoBtsy Petted Producer's Name; Producer Number: TC Construction Co., Inc. A1CW50110702 " 11/1/07-1l/1/0o° Endorsement No. Endorsement Effective Date:11/1/07 Union Bane Insurance Services ' AUTHORIZED REPRESENTATIVE 11/1/07 DATE WC 99 03 IS (09/06) OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT CAREFULLY. THIS ENDORSEMENT MODFteS INSURANCE PROVIDED UNDERTHE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following Is added to Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us: However, we; will waive any right of recovery wS h&ve against any person or organization vrith WrtarB yety na,ve eifffef"ad bib a contract or a$££m<ant because of payments we make under thfe CoVerafla F%rn arising-out of ah "aotaJe'rif or toss' Ijr: (1) Tha "aCoWarif or 1os£F Is due. to o&eraSdns. undertaken In accordance with a Written cbn'lrad exlfefing between Jou and suqh pBreon or organizafion; and (2) Tha contract or agreement was entered into prior to any 'accident* or "loss.* No waiver of the right of recovery wDI direcfly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of Den to ba reimbursed for any recovery funds obtained by any injured employee. Named Insured Policy Number Policy period Producer's Name: Producer Number. TC Construction Co., Inc. A1CA501 10702 11/1/07-11/1/08 Endorsement No. Endorsement Effective Data:11/1/07 Union Bane Insurance Services ^ 11/1/07DATE CA EN GN 0021 09 05 OLD REPUBLIC GENERAL INSURANCE CORPORATION INSURANCE COMPANY WAIVER ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This policy is primary coverage and we agree not to take action or recourse against any Insured far loss paid or expenses incurred because of any claim made against this policy. Named Insured ITC Construction Co... Inc. Policy Number A1CG50110702 Endorsement No. Policy Period 11/1/07-11/1/I?8 Endorsement Effective Date:11/1/07 Producer's Name:Union Bane Insurance Services Producer Number DATE CGENGNOD5209D6 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 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 debarred agency agency period of debarment period of debarment BY CONTRACTOR: COTiSTfU By: (name (sign here) (print name/title) Page.I of pages of this Re Debarment form Revised 5/01/07 Contract No. 3955 Page 22 of 95 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? y 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 J of _] pages of this Disclosure of Discipline form Revised 5/01/07 Contract No. 3955 Page 23 of 95 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 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. W/A *• (If needed attach additional sheets to provide full disclosure.) * BY CONTRACTOR: Construc±)Dn Co., \nc. Bv: (sign here) , VIOL (print name/title) Page I of ' pages of this Disclosure of Discipline form Revised 5/01/07 Contract No. 3955 Page 24 of 95 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 State of California County of ) ) ss. ) and says that he (Name of Bidder) is \\CL _, being first duly sworn, deposes of TC Constructor* (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penajty^ of perjury that thejpregojng is^true and correct and that_Jhis affidavit was executed on the " ^ tnat the foregoing isxtrue and correct and tnattniday of Stpi^Venr\oLr , 200!.•? ^» Signature of Bidder Subscribed and sworn to before me on the ^ ^-r day of.20 07 (NOTARY SEAL) SPARKS " isslon » 1«»>M otory Public • CaNfomkl San Oiego County •"or-m Expires Oct2t,2Q1C Signature of Notary Revised 5/01/07 Notary M*c tanOtogoCoun*MvCflnm bc*wOeixi. ma Page 25 of 95 Pages of Carlsbad Public Works - Contract Administration September 20, 2007 ADDENDUM NO. 1 RE: DEMOLITION OF PAJAMA DRIVE WATER FACILITY BID NO. PWS08-07ENG, CONTRACT NO. Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BidcIeFs Signatu 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (76O) 602-8562 CITY OF CARLSBAD DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 Addendum No. 1 From: Sherri Howard, Project Manager Phone: (760)602-2756 Fax: (760) 602-8562 No, of Pages: 2 (8.5"x11" including this page) sheets Dale: September 20, 2007 Bid Opening Date: September 27,2007 2:00 pm (unchanged) GENERAL INFORMATION 1, Pre-Bid Meeting. A mandatory pre-bid meeting and site walk-through was held at the site on Thursday, September 13,2007 at 10:00 AM. Enclosed is a copy of the sign-in sheet. SPECIFICATIONS 1. Page 6 of 95. SPECIALY CONTRACTORS: ACCCEPTABLE LICENSE TYPES Revise the fourth sentence as follows: The following classifications are acceptable for this contract: C-21 - Building Moving/Demolition, \n addition an ASB - Asbestos Certificate is required. 2. Page 92 of 95. Section 212-1.2.6 Stabilizing Emulsion. Add the following sentence: Stabilizing emulsion shall be guar gum based, 3. Page 92 of 95. Add the following: Section 212-1.3.1 Seed Submittals. Prior to any seeding operations, submit to the Engineer for approval a statement from the seed suppliers listing the following information: (1) Seed variety furnished. September 20, 2007 Page: 2 of 2 (2) Seed quantities furnished (Ibs). (3) Minimum guaranteed live seed content per pound. (4) Minimum guaranteed germination rate (percentage). (5) Mfnimum guaranteed purity (percentage). 4. Page 92 of 95. Add the following: Section 212-1.6.2 Wetting Agent and Dye: A non-phytotoxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to dearly delineate the planted areas. 5. Page 95 of 95. Section 313-1.1 Bonded Fiber Matrix. Replace the second sentence with: The bonded fiber matrix shall be applied at a rate of 3,000 pounds per acre, 6. Page 95 of 95. Section 313-12. Payment Add the following sentence. Bonded Fiber Matrix shall include hydroseed mix. TECHNtCAL SPECIFICATION 1. Section 02050 DEMOLITION, page 5, Item 3.5 C. Revise to state: Prior to disposal of hazardous materials, the CONTRA CTOR shall submit to the ENGINEER the name of the proposed Treatment, Storage and Disposal Facilities (TSDF) that the CONTRACTOR has selected from th& approved TSDF list PLANS 1. Add the following note to Notes, Sheet 2 of the plans: 7. Contractor shall plug all existing pipelines at property line or existing masonry retaining wall with a minimum two-foot length of concrete inside the pipe where the pipe is cut off, 8. Protect existing fire hydrant on Pajama Drive in place. 9. Seed Mix for Bonded Fiber Matrix for Disturbed Area shall be Plantago ovata (Indian Wheat Grass) Pure Live Seed rate of 95% and germination rate 75% at an application rate of 50 pounds per acre. Seed shall be mixed at the site. CITY OF CARLSBAD Public Works - Engineering Department PWS 08-07ENG DEMOLITION OF PAJAMA DRIVE WATER FACILITY MANDATORY PRE-BID MEETING THURSDAY, SEPTEMBER 13, 2007 10:OOAM ATTENDEES (Please Print)AFFILIATION (COMPANY NAME AND CITY) PHONE NUMBER Sherri Howard City of Carlsbad Public Works-Engineering Department Carlsbad, CA 760-602-2756 :>X"' 712 X -Tooo -^ *\ (r \ C-M 5 'v CITY OF CARLSBAD Public Works - Engineering Department PWS 08-07ENG DEMOLITION OF PAJAMA DRIVE WATER FACILITY MANDATORY PRE-BID MEETING THURSDAY, SEPTEMBER 13, 2007 10:OOAM ATTENDEES AFFILIATION (COMPANY NAME AND CITY) PHONE NUMBER '~V T-3 -• , C/i .4 jm t-f a *~ vs* c^ * 2. ^ r "i ^. 61 3 r^ r 3 i 2 ^ ^af yPn-ad3«n hfotw.doc CONTRACT PUBLIC WORKS This agreement is made this 10th day of October, 2007, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and T C CONSTRUCTION COMPANY INC. whose principal place of business is 10540 PROSPECT AVENUE SANTEE CA 92071 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 (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, Designation of Subcontractors, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, 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 District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and 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, District 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 District shall withhold retention as required by Public Contract Code Section 9203. Revised 5/01/07 Contract No. 3955 Page 26 of 95 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 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. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 5/01/07 Contract No. 3955 Page 27 of 95 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. 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 of Carlsbad's policy for insurance as stated in Resolution No. 772. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. 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 District 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 District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, 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. A•K Revised 5/01/07 Contract No. 3955 Page 28 of 95 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, 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 District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District 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 District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or 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 the Board of Directors in Resolution No. 772. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in 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•^ Revised 5/01/07 Contract No. 3955 Page 29 of 95 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, yq/U^X init £x*—~ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. Revised 5/01/07 Contract No. 3955 Page 30 of 95 Pages 15. 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. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:CARLSBA municipal (n (sign fiereT £ok«r / (prj By: (print name and title)rs *i"'5""*'*'""U^*V v J v" ''/, XC""President or vice-president and secretary or assistant secretary "mus^sjgrt 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 General Counsel Deputy General Counsel oRevised 5/01/07 Contract No. 3955 Page 31 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me. } C Name and Title of Officer (e.g., "Jane Doe, Nota# Public") nfterp^,fyfc-Nafne(s) of Signer(s) SANDRA BOUCHER Commission #1596821 Notary Public - CaWomla San Diego County My Comm. Expires Aug 4.2009 ' ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) JsJJare^ubscribed to the within_jnstrument and acknowledged to me that he/sHe/they^xecuted the same in 4M6/t=t^hei[)authorized capacity (ies), and that byHiis/l i6t/their^ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 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 Attached Document [Me or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Signer Is Representing:. Top of thumb here Signer's Name!^ D Individual D Corporate Officer — Titlei D Partner — D Limited D Genera? D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER TopoMljumb here Signer Is Representing:. © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 Bond No. 6451986 Premium Included in Performance Bond LABOR AND MATERIALS BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, on October 10, 2007 has awarded to TC CONSTRUCTION COMPANY. INC. (hereinafter designated as the "Principal"), a Contract for: DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 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 Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, T C CONSTRUCTION COMPANY. INC. , as Principal, (hereinafter designated as the "Contractor"), andSAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Twenty Four Thousand One Hundred Fifty Eight Dollars ($24,158.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 5/01/07 Contract No. 3955 Page 32 of 95 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this jg^ day of CVAoW , 200"? Executed by SURETY this of OCTOBER 16TH .day _,2007_ CONTRACTOR: TC CONSTRUCTION COMPANY, INC. SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) P. 0. BOX 29082, GLENDALE, CA 91209 (address of Surety) 818-956,4200 By:. (telephone A r of Surety) (sign here) (print name here) •-^(signature of Attorney-in-Fact) TARA BACON, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) jcre,-mry (title ana o(title ana* 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 General Counsel Deputy'(jleneral Counsel Revised 5/01/07 Contract No. 3955 Page 33 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County lu^Date personally appeared Name(s) of Signer(s) SANDRA BOUCHER Commission #1596821 Notary PubHc - California f San Diego County r My Comm. Expires Aug 4.2009f Impersonally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)^are)>ubscribed to the within instrument and acknowledged to me that the same i capacilyttSs), and that by^ hio/hQ^e^>ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document nd could prevent fraudulent removal and reattachment of this form to another document. Description of Attested Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: . Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Namfe D Individual D Corporate Officer ^ D Partner — D Limited D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ©2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: CallToll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Diego On October 16. 2007 before me, Maria Hallmark. Notary Public, personally appeared Tara Bacon, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature MARIA HALLMARKCOMM. #1508244 q NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 2My Commission Expires T AUGUST 17,2008 \ (Seal) POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No 5528 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ,.,»*»JW».«H»..TARA BACON; DALE HARSHAW; CAROLYN M. KERL; JACK G. LUPIEN; BRADLEY R. ORR; GEOFFREY SHELTON; JOHN C STARICH' San Dieao its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 6th day of February 2007 i I \ r ^ • ' w >» STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.., On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 16th day of October 2007 S-0974/DS 4/05 \ STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation WEB PDF Bond No. 6451986 Premium: $278.00 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, on October 10, 2007 has awarded to TC CONSTRUCTION COMPANY. INC. (hereinafter designated as the "Principal"), a Contract for: DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; T C CONSTRUCTION COMPANY. INC.asNOW, THEREFORE, WE, Principal, (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of Twenty Four Thousand One Hundred Fifty Eight Dollars ($24,158.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. oRevised 5/01/07 Contract No. 3955 Page 34 of 95 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this I day of Oc-UW _ , 20o CONTRACTOR: TC Cons.-Vr<JCjrit)'\ (name of Contractor) S4-e.v/g (sign here) f oker (print name here) By: (print name here) (Title and Organization of signatory) Executed by SURETY this 16TH day of OCTOBER ,20.07 SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) P. 0. BOX 29082. GLENDALE. CA 91209 (address of Surety) 818-956-4200 (Title and Organization of Signatory) By: telephone number of Surety) OAA"! '^-4si§rliture of Attorney-in-Fact) TARA BACON, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (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 General Counsel By: DeptityVBeneral Counsel Revised 5/01/07 Contract No. 3955 Page 35 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Name and Title oUafticer (e.g., "Jane Qe& Notary Public")Date personally appeared ''"SQjersonally known to me D (or proved to me on the basis of satisfactory evidence) •"• •*- SANDRA BOUCHER Commission #1596821 Notary Public - California | San Diego County f MyComm. Expires Aug 4.2009f to be the person(s) whose name(s)4|/are^ubscribed to the within instrument and acknowle3gefl-40 me that be/sW}fthe7)executed the same ii^^^€^thejr)authorized capaciTytlSs), and that by4w9/hei(me^ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sign* 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. gscription of Attached Document TitleoFTvoe of Document: Document Date:. Number of Pages: Signer(s) Other Than Named AboveT Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here SigneT'aJ^ame: D Individual D Corporate Officei1^— D Partner — D Limited D Attorney in Fact D Trustee D Guardian or Conservator D Other: eneral Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Diego On October 16, 2007 before me, Maria Hallmark. Notary Public, personally appeared Tara Bacon, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature MARIA HALLMARK R COMM. #1508244 o NOTARY PUBLIC-CALIFORNIA OT .SAN DIEGO COUNTY 2My Commission Expires T AUGUST 17, 2008 I (Seal) POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 No 5528 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ,»,»*****,«»»***TARA BACoN; DALE HARSHAW; CAROLYN M. KERL; JACK G. LUPIEN; BRADLEY R. ORR; GEOFFREY SHELTON; IOHN C STARICH' ^an Dipan ( its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 6th day of February 2007 xA^y^^ STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0 The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 16th day of October 2007 S-0974/DS 4/05 vy STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, 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 District pursuant to the Construction Contract entered into between the City and Contractor for DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. Revised 5/01/07 Contract No. 3955 Page 36 of 95 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 5/01/07 Contract No. 3955 Page 37 of 95 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District:Title PRESIDENT Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 5/01/07 Contract No. 3955 Page 38 of 95 Pages GENERAL PROVISIONS FOR DEMOLITION OF PAJAMA DRIVE WATER FACILITY CONTRACT NO. 3955 CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing'df necessary labor, materials, tools, equipment, and transportation. Revised 5/01/07 Contract No. 3955 Page 39 of 95 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the Carlsbad Municipal Water District. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. 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 conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 5/01/07 Contract No. 3955 Page 40 of 95 Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 5/01/07 Contract No. 3955 Page 41 of 95 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 - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Special Provisions-- Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 5/01/07 Contract No. 3955 Page 42 of 95 Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used.to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. 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 5/01/07 Contract No. 3955 Page 43 of 95 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 APTS Apartment and Apartments AMERSTD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMS Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation o Revised 5/01/07 Contract No. 3955 Page 44 of 95 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIF Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF : Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand EquivalentoRevised 5/01/07 Contract No. 3955 Page 45 of 95 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 STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure 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 VWD 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 Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 5/01/07 Contract No. 3955 Page 46 of 95 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 (Equal To) Si Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch fin) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) . 1.6093 kilometer (km) 1 square foot (ft) 0.0929 square meter (m,)* ' -|2\ n OOCH «««.. .**»«* M^j.^.. /-«2(1 square yard (yd ) 0.8361 square meter (m 1 cubic foot (ft) 0.0283 cubic meter (m,) 1 cubic yard (yd ) 0.7646 cubic meter (m 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. 02.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm Is) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 5/01/07 Contract No. 3955 Page 47 of 95 Common Metric Prefixes kilo(k) 103, centl(c) 10'2 milli(m) 10'3 micro (n) 10"6 nano(n) 10 pico(p) 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centeriine SL Survey line or station line Revised 5/01/07 Contract No. 3955 Page 48 of 95 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 5/01/07 Contract No. 3955 Page 49 of 95 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 Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 5/01/07 Contract No. 3955 Page 50 of 95 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one (1) set designated as City of Carlsbad Drawing No. 452-3 and consists of two (2) sheets. In addition, sheet 76 and 77 from City Drawing Number 159-9 have been included for reference. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 5/01/07 Contract No. 3955 Page 51 of 95 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Carlsbad General Provisions. 3) Technical Specifications. 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. Revised 5/01/07 Contract No. 3955 Page 52 of 95 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-C1 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 injh£ allocatedspajces, and is submitted for approval." By: ^Urr-g^l ^g, —- Title: Date: \0/H /2oo7 Company Name: TC £ons4ruCTioy\ Company. 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Revised 5/01/07 Contract No. 3955 Page 53 of 95 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) 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. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 5/01/07 Contract No. 3955 Page 54 of 95 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 A survey of the site is not required. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper irispection 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. A•^ Revised 5/01/07 Contract No. 3955 Page 55 of 95 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 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 25 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 25 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 25 percent, payment for the quantity in excess of 125 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 125 percent of the Bid quantity at the Contract Unit Price. Revised 5/01/07 Contract No. 3955 Page 56 of 95 3-2.2.3 Decreases of More Than 25 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 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 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 can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. A•^ Revised 5/01/07 Contract No. 3955 Page 57 of 95 The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. i Revised 5/01/07 Contract No. 3955 Page 58 of 95 (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. 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. Revised 5/01/07 Contract No. 3955 Page 59 of 95 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. 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 District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 5/01/07 Contract No. 3955 Page 60 of 95 "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 Qjjty's proposedfjnal estimate in order for it to be further considered." Title: Date: \P /\~1 /2.oo~[ Company Name: T"£_ Cons-WucU'ory The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1 . Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. General Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the General 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 General Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 5/01/07 Contract No. 3955 Page 61 of 95 All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1 991 . 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1 ) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 1 5 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Revised 5/01/07 Contract No. 3955 Page 62 of 95 (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 5/01/07 Contract No. 3955 Page 63 of 95 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 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. o Revised 5/01/07 Contract No. 3955 Page 64 of 95 The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. A•^ Revised 5/01/07 Contract No. 3955 Page 65 of 95 At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. A•^ Revised 5/01/07 Contract No. 3955 Page 66 of 95 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four Revised 5/01/07 Contract No. 3955 Page 67 of 95 proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 5/01/07 Contract No. 3955 Page 68 of 95 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 5/01/07 Contract No. 3955 Page 69 of 95 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. 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, ajtered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 5/01/07 Contract No. 3955 Page 70 of 95 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 otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. A•K Revised 5/01/07 Contract No. 3955 Page 71 of 95 6-2 PROSECUTION OF WORK. 6-2.1 Project Meetings. The Engineer will establish the time and location of WEEKLY Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. Revised 5/01/07 Contract No. 3955 Page 72 of 95 If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. A•^ Revised 5/01/07 Contract No. 3955 Page 73 of 95 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of ^-"v delays to the Work. They will not be granted for noncontrolling delays to minor portions of the ^^ Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 'Lj6-7.1 General. The Contractor shall substantially complete the Work (construction activities) """"^ within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to substantial completion within forty (40) working days after the starting date specified in the Notice to Proceed. The contract Term shall be five (5) months. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Revised 5/01/07 Contract No. 3955 Page 74 of 95 Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. A•M^ Revised 5/01/07 Contract No. 3955 . Page 75 of 95 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. Revised 5/01/07 Contract No. 3955 Page 76 of 95 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. Revised 5/01/07 Contract No. 3955 Page 77 of 95 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Revised 5/01/07 Contract No. 3955 Page 78 of 95 Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. Revised 5/01/07 Contract No. 3955 Page 79 of 95 The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National 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 Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The site is less than one acre therefore a SWPPP is not required. Contractor shall implement Water Pollution Control Measures as identified in the California Stormwater Quality Association Stormwater Best Management Practices Handbook for Construction. The most recent edition may be obtained at www.cabhandbooks.com. At a minimum, the following items are to be considered to comply with the requirements of the General Permit: 3 ID ES-1 ES-2 ES-3 or ES-6 SC-6 SC-7 SC-10 SE-1 NS-6 NS-7 NS-8 NS-9 NS-10 WM-1 WM-2 WM-4 WM-5 WM-9 BMP Name Scheduling Preservation of Existing Vegetation Hydraulic Mulch or Straw Mulch Gravel Bag Berm Street Sweeping and Vacuuming Storm Drain Inlet Protection Silt Fence Illicit Connection/Illegal Discharge Detection and Reporting Potable Water/Irrigation Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance Material Delivery and Storage Material Use Spill Prevention and Control Solid Waste Management Sanitary/Septic Waste Management These BMP measures apply to Section 7-8.1 through 7-8.7 of the General Provisions. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. Revised 5/01/07 Contract No. 3955 Page 80 of 95 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. •^ Revised 5/01/07 Contract No. 3955 Page 81 of 95 Unless otherwise 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 conditioned 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. Two weeks prior to the start of any construction, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered, except to the vacant lot and shall state the date and time the work will begin and its anticipated duration. The notification for the vacant lot shall be mailed via first class mail. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". The following addresses are for residents on Pajama Drive: Vacant Lot, 1055 Estes Drive, Santa Rosa, CA 95409 Residence, 152 Pajama Drive, Oceanside, CA 92054 Residence, 212 Pajama Drive, Oceanside, CA 92054 Residence, 214 Pajama Drive, Oceanside, CA 92054 Residence, 2625 Mesa Drive, Oceanside, CA 92054 Residence, 136 Crouch Street, Oceanside, CA 92054 Residence, 142 Crouch Street, Oceanside, CA 92054 Residence, 202 Crouch Street, Oceanside, CA 92054 In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. ORevised 5/01/07 Contract No. 3955 Page 82 of 95 The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Revised 5/01/07 Contract No. 3955 Page 83 of 95 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1. et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. A•^ Revised 5/01/07 Contract No. 3955 Page 84 of 95 7-10.3.3 Payment. The Contractor shall prepare traffic control plans and obtain approval from the City of Oceanside and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 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. Revised 5/01/07 Contract No. 3955 Page 85 of 95 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 ^s contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Revised 5/01/07 Contract No. 3955 Page 86 of 95 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A field office for Agency personnel will not be required. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. A•^ Revised 5/01/07 Contract No. 3955 Page 87 of 95 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." A•K Revised 5/01/07 Contract No. 3955 Page 88 of 95 3 If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. Revised 5/01/07 Contract No. 3955 Page 89 of 95 After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. Revised 5/01/07 Contract No. 3955 Page 90 of 95 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 5/01/07 Contract No. 3955 Page 91 of 95 SUPPLEMENTAL PROVISIONS 3 TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. Add the following section: 212-1.2.6 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and non-sticking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 5/01/07 Contract No. 3955 Page 92 of 95 Add the following section: SECTION 215 - BONDED FIBER MATRIX Add the following section: 215-1 BONDED FIBER MATRIX Add the following section: 215-1.1 Materials. The wood fiber shall consist of wood species meeting the following specifications: Wood species - no restrictions, recycled wood products are acceptable. Size-Length: 1" to 11/2" Thickness: 3/8"to1/2" Width: 1.5" to 2" Shape - Sharp edge, pulp type chip Chips shall be free of dirt, rock, metal, rubber, plastics, silicon, hazardous wastes, and other foreign material. Color shall be similar to color of soil on site. Tackifier - per stabilizing emulsion Section 212-1.2.6. Revised 5/01/07 Contract No. 3955 Page 93 of 95 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be included in the lump sum bid price for demolition. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work to three feet below the finish grade and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Demolition, and no additional payment will be made. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish grade the site to maintain a smooth finish and maintain existing drainage patterns. Import of fill materials may be required to infill depressions from footing and slab removals. Fine grading is not required. Revised 5/01/07 Contract No. 3955 Page 94 of 95 300-4 UNCLASSIFIED FILL 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content that eliminates dust particles. 300-4.7 Compaction, add the following: The Contractor shall compact to 85% relative compaction. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of the demolition, and no additional payment will be made therefore. Add the following section: SECTION 313 BONDED FIBER MATRIX Add the following section: 313-1 BONDED FIBER MATRIX PLACEMENT (PERMANENT EROSION CONTROL) Add the following section: 313-1.1 Bonded Fiber Matrix, add the following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. The bonded fiber matrix shall be applied at a rate of 3,oo pounds per acre. Add the following section: 313-1.2 Payment, add the following: Payment for Bonded Fiber Matrix (Permanent Erosion Control) shall include prepatory work, application of bonded fiber matrix to all disturbed areas and shall be at the contract lump sum price bid and no additional compensation will be made. Revised 5/01/07 Contract No. 3955 Page 95 of 95 TECHNICAL SPECIFICATIONS .„*»••«*••**.3 SECTION 02050 DEMOLITION PART 1 - GENERAL 1.1 THE REQUIREMENT A. THE CONTRACTOR shall furnish materials, equipment, and labor necessary to perform and complete demolition work called for in the Contract Documents. B. The WORK includes demolition and removal of existing above ground water storage tank located on property owned by the City of Carlsbad located on Pajama drive in the City of Oceanside including the tank, riser, influent/effluent pipe, overflow pipe, sump, control building and appurtenances. In addition, various yard piping shall be cut, abandoned, removed to the property line and capped. Existing piping to be removed includes the existing abandoned 20-inch steel water line, 14-inch steel effluent pipe, 14- inch ACP inlet pipe and the 14" ACP overflow pipe. C. Building structures, foundations, associated sump, slabs, roofs and supporting walls shall be demolished, in an orderly and careful manner. D. The WORK shall include, but not be limited to, removal of existing furniture, built-in cabinetry, piping, electrical (fixtures, conduits and wiring), mechanical (ducts and equipment), floors, walls, ceilings, doors, windows, vault, chlorine meter, wood or metal framing, masonry, concrete slabs and asphaltic paving. E. Manufactured articles, materials, equipment, and accessories shall be demolished as shown and in accordance with the manufacturer's specifications and recommendations, and industry standards, unless otherwise shown or specified. F. Proper removal and disposal of loose and flaking lead based paint from doors, door jams, door frames, tank exterior, doors of chlorine meter and overflow pipe. G. Proper removal and disposal of asbestos from joint compound in interior walls, ceiling and floor; window putty in exterior windows; roof mastic in roof a penetrations; gaskets in piping at flanges; concrete seal in inlet, outlet and overflow pipe. H. Finish grading the entire effected area to smooth finish and maintain drainage pattern. I. Apply a bonded fiber matrix to entire effected area for erosion control. J. Perform all other works to complete the project in a neat and workman like manner to meet the intention of this contract. 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-1 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS ^\ ^J A. Comply with the applicable reference specifications as specified in the GENERAL PROVISIONS. B. California Health and Safety Code Section 25915 to 25919.7. C. California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). D. California Code of Regulations Section 1532.1 Lead. E. California Code of Regulations Section 1529 Asbestos. F. California Code of Regulations Section 1537 Welding, Cutting and Heating of Coated Materials. G. California Code of Regulations Division 4.5 Environmental Health Standard for the Management of Hazardous Waste. H. California Code of Regulations Section 35001 thru 36100. I. Code of Federal Regulations 29 CFR 1926.354. 1.3 REFERENCE PRECAUTIONS A. A pre-demolition asbestos survey and lead testing inspection report was performed by ^/ Winzler and Kelly Consulting Engineers indicating various asbestos containing items and items with lead-based paint. B. Contractor shall take precautions during the performance of the work to prevent chipping and flaking of the lead-based paint and from depositing particles on the surrounding property. Any particles, which are removed from the lead-based painted surfaces, accidentally or otherwise, shall be properly recovered, contained, and removed from the site. No welding, cutting or heating of metal surfaces containing lead shall be conducted. All work shall be done in accordance with Title 8 of the California Code of Regulations, Section 1537 (8CCR 1537) and Code of Federal Regulations (29CFR 1926.354) C. Contractor shall take all necessary precautions to protect his workers and the public from unnecessary exposure to existing lead-based paint materials, and shall follow all local, state, and federal laws and ordinances regarding the presence of lead-based paint during the performance of the work. D. Uncontained blasting, scrapping, or other similar procedures, which may cause lead- based paint to be removed from the painted surfaces and released to the surrounding environment shall not be permitted as a part of the demolition and removal operations. E. Contractor shall provide written notification to Cal/OSHA should the removal of lead based paint activities involve more than 100 square or linear feet in accordance with the ^^ requirements of California Code of Regulations Title 8 Section 1532.1 (8CCR 1532.1) /^1 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-2 F. Contractor shall remove asbestos-containing materials and asbestos-containing construction materials prior to any activities that will impact these materials. G. Asbestos disturbance and/or removal operations must be conducted by a Cal/OSHA- registered and State of California licensed asbestos removal contractor. Disturbance and/or abatement operations should be performed under the direct observation of a California Certified Asbestos Consultant or Certified Site Surveillance Technician. H. Contractor shall conduct all construction activities involving the potential for impacting asbestos-containing materials in accordance with the requirements of Title 8 of the California Code of Regulations, Section 1529 (8CCR 1529). I. Contractor shall notify San Diego Air Pollution Control District (SDAPCD) for activities which involve the removal of at least 160 square feet, 260 linear feet, or 35 cubic feet of identified friable or regulated asbestos containing materials ten working days prior to the initiation of such activities. J. Contractor shall provide written notification to Cal/OSHA 24 hours prior to initiation of activities involving asbestos-related work of at least 100 square of linear feet. K. Contractor shall notify employees working in the control building in accordance with California Health and Safety Code, Section 25915 etseq and Proposition 65. 1.4 CONTRACTOR SUBMITTALS A. General: Submittals shall be made in accordance with the GENERAL PROVISIONS. B. Demolition Schedule: The CONTRACTOR shall submit a complete work plan for demolition work as required by Section 2-5.3 of the General Provisions for ENGINEER'S approval prior to start of the work. The work plan shall indicate proposed methods and operations of facility demolition, and provide a detailed sequence of demolition and removal work. 1.5 QUALITY ASSURANCE A. Comply with the applicable reference specifications as specified in the GENERAL PROVISIONS. 1.6 JOB CONDITIONS A. Condition of Facilities: AGENCY assumes no responsibility for actual condition of facilities to be demolished. The CONTRACTOR shall visit the site and inspect the existing facilities at the mandatory pre-bid meeting. PART 2 - PRODUCTS (Not Used) 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-3 PART 3 - EXECUTION 3. 1 OCCUPANCY AND POLLUTION CONTROL A. Water sprinkling, temporary enclosures, chutes, and other suitable methods shall be used to limit dust and dirt rising and scattering in the air. Comply with AGENCY regulations pertaining to environmental protection. B. Water shall not be used when it creates hazardous or objectionable conditions such as ice, flooding, or pollution. C. Water contaminated with sediment or hazardous or toxic materials shall not be allowed to run off into the public storm drain system (including street gutters). Such runoff shall be intercepted, collected and disposed of according to existing environmental regulations. 3.2 PROTECTION A. Safe passage of persons around area of demolition shall be ensured. Operations shall be conducted to prevent damage to adjacent buildings, structures, other facilities, and people. B. Interior and exterior shoring, bracing, or supports shall be provided to prevent movement, settlement or collapse of structures to be demolished, and to adjacent facilities to remain. C. Existing landscaping materials, structures, and appurtenances, which are not to be demolished shall be protected and maintained as necessary and in accordance with Section 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS of the GENERAL PROVISIONS. D. The CONTRACTOR shall protect and maintain conduits, drains, sewers, pipes, and wires that are to remain on the property. 3.3 STRUCTURE DEMOLITION A. Building structures and appurtenances shall be demolished as shown and required to complete work within limitations of governing regulations. B. Small structures may be removed intact when acceptable to the ENGINEER and approved by authorities having jurisdiction. C. Demolition shall proceed in a systematic manner, in accordance with permits and approved submittals. D. Concrete and masonry shall be demolished in sections. Use bracing and shoring to prevent collapse. 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-4 E. Demolition equipment shall be dispersed throughout structure and demolished materials removed to prevent excessive loads on supporting walls, floors, or framing. F. In the existing chlorine storage and chlorine feed rooms, remove chlorinators, evaporators, scales, monorails, piping, pipe supports, and related items. 3.4 BELOW-GRADE DEMOLITION A. Footings, foundation walls, below-grade construction and concrete slabs on grade shall be demolished and removed to a minimum depth of 3 feet below existing ground surface or future ground surface, whichever is lower or as indicated on the plans.] B. Below-grade areas and voids resulting from demolition of structures shall be completely filled. C. All fill and compaction shall be in accordance with Section 300, "Earthwork". D. After fill and compaction, surfaces shall be graded to meet adjacent contours and to provide flow to surface drainage structures, or as shown. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. Demolition and removal of debris shall be conducted to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities which shall not be closed or obstructed without permission from the CITY. Alternate routes shall be provided around closed or obstructed traffic ways. B. Site debris, rubbish, hazardous materials identified in Part 1.1 herein and other materials resulting from demolition operations shall be removed at the CONTRACTOR'S expense. Burning of removed materials from demolished structures shall not be permitted on site. C. The CONTRACTOR shall submit to the ENGINEER the name of the proposed Treatment, Storage and Disposal Facilities (TSDF's) that the CONTRACTOR has selected. D. The ENGINEER shall provide the CONTRACTOR an EPA Generator ID Number. This number will be used on all Hazardous Waste Manifests or Shipping Papers used to transport hazardous waste. Copies of all manifests and shipping papers will be provided to the ENGINEER at the time of transport for any Hazardous Waste and completed copies signed by the TSDF will be returned to the ENGINEER within the time frames specified by state and federal regulations. 3.6 CLEANING A. During and upon completion of work, the CONTRACTOR shall promptly remove unused tools and equipment, surplus materials, rubbish, debris, and dust and shall leave areas affected by work in a clean, approved condition in accordance with the GENERAL PROVISIONS. 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-5 B. Clean adjacent structures and facilities of dust, dirt, and debris caused by demolition, as directed by the ENGINEER or the INSPECTOR, and return adjacent areas to condition existing prior to start of work. C. The CONTRACTOR shall remove and legally dispose of demolished materials and debris from the site. D. The CONTRACTOR shall clean and sweep the street and road daily during debris removal. 3.7 EROSION CONTROL A. The CONTRACTOR shall apply Bonded Fiber Matrix to all areas disturbed by demolition activities or areas disturbed in the course of performing this work. Bonded Fiber Matrix shall be per Sections 215 and 313 of the Special Provisions 01/19/06 DEMOLITION CARLSBAD MASTER SPECIFICATIONS 02050-6 APPENDIX "A" DOOR HANGER CITY OF CARLSBAD DEMOLITION OF WATER FACILITIES ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: The City of Carlsbad will be removing the Water Facilities on the parcel located at the southern end of Pajama Drive. This removal includes the water tank, pipe, valves, the building and paving on the parcel located on Pajama Drive. This construction will require the use of specialized equipment. The demolition work will take approximately days and is scheduled to begin . Work will be conducted between 7:00 AM and 4:00 PM, Monday through Friday. ABC is the Contractor that will be performing the demolition work 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. Thank you for your cooperation. APPENDIX "B" PRE-DEMOLITION ASBESTOS SURVEY & LEAD TESTING REPORT FROM WINZLER & KELLY CONSULTING ENGINEERSDATED JUNE 29, 2007 <0 PRE-DEMOLITION ASBESTOS SURVEY & ^ LEAD TESTING REPORT UJ Project Site: Pajama Drive Reservoir — End of Pajama Drive Oceanside, California 92054 LL1 Prepared For: Dale A. Schuck City of Carlsbad, California O 405 Oak Avenue Carlsbad, California 92008 Prepared By: WINZLER & KELLY CONSULTING ENGINEERS 4180 Ruffm Road, Suite 115 San Diego, California 92123 (858) 244-0440 Winzler & Kelly Project Number: 1038207006.77010 June 29, 2007 CONSULTING ENGINEERS TABLE OF CONTENTS - PRE-DEMOLITION ASBESTOS SURVEY _ AND LEAD TESTING REPORT SECTION 1 - EXECUTIVE SUMMARY SECTION 2 - MAIN BODY OF REPORT APPENDIX A - CERTIFICATIONS APPENDIX B - ASBESTOS SAMPLE LOCATION/LEAD TESTING ORIENTATION MAP APPENDIX C - ASBESTOS ANALYTICAL DATA (LABORATORY REPORT) APPENDIX D - XRF LEAD DATA TABLE SECTION 1 EXECUTIVE SUMMARY CONSULTING ENGINEER CONSULTING ENGINEERS EXECUTIVE SUMMARY At the request of the City of Carlsbad, Winzler & Kelly Consulting Engineers (Winzler & Kelly) performed a Pre-demolition Asbestos Survey and Lead Testing Services of the Pajama Drive Reservoir located at the end of Pajama Drive in the City of Oceanside, County of San Diego, California (site). The survey and testing was conducted at the Control Building and the aboveground storage tank of the Pajama Drive Reservoir for the purposes of demolition. The survey was conducted to identify and sample suspect asbestos-containing materials (ACMs) and asbestos-containing construction materials (ACCMs) and to sample representative building components for the presence of lead-containing surface coatings, lead-based paints, and lead-bearing substances (LCSCs, LBPs, and LBSs). The results of the survey and testing indicate that hazardous building materials are present at the subject site. The following table lists the hazardous materials within the subject site, including the location and the estimated total quantity of the hazardous materials. PAJAMA DRIVE RESERVOIR MATERIAL/COMPONENT DESCRIPTION Asbestos-containing Joint Compound Asbcstos-contai ning Window Putty Asbestos-containing RoofMastic Asbestos-containing Gasket Asbestos-containing (< 1 %) Concrete Seal Lead-Based Paints (Color/Substrate): Green/Wood Green/Wood Green/Wood Green/Metal Green/Metal Green/Metal LOCATION Interior Walls, Ceiling and Floor Exterior Windows Roof at Penetrations Piping al Flanges Inlet, Outlet and Overflow Pipe Doors Door Jambs Door Frames Tank Exterior Doors of Chlorine Meter Overflow Pipe CONDITION Damaged Damaged ESTIMATED TOTAL QUANTITY (SF/LF/EA) 500 SF 100 SF Good j 4 SF Good Good Intact Intact Intact Intact Intact Intact 15 EA 15 SF SEA 3EA 3EA I.600SF 6SF 25 LF Notes: SF - square feet LF = linear feet EA = each NA = not applicable Asbestos -containing = 1% or greater of asbestos by Polarized Light Microscopy (PLM), as defined by USEPA Asbestos-containing «\%) = 0. 1 % or greater but less than 1 % of asbestos by Polarized Light Microscopy (PLM), as defined by Cal/OSH A as asbestos-containing construction materials (ACCMs) Lead-Based Paint = I .00 milligrams per square centimeter (mg/cm2) of lead or greater is present, as defined by 17 California Code of Regulations (CCR) 35001 -36100 Lead-Containing Surface Coalings - 0.10 to 0.99 mg/cm: oflead present (8 California Code of Regulations [CCR] 1532. 1 ). Refer to the XRF Lead Data Table (Appendix D) for building components and surface coatings considered LCSCs at the subject site. 3 Survey Report — Executive Summary Pajama Drive Reservoir June 29,2007 Pagel CONSULTING ENGINEERS At no time should the identified ACMs or ACCMs be drilled, cut, sanded, scraped or otherwise disturbed by untrained personnel. These materials should be removed prior to any activities which will impact these materials. Asbestos disturbance and/or removal operations must be conducted by a Cal/OSHA-registered and State licensed asbestos removal contractor. Disturbance and/or abatement operations should be performed under the direct observation of a California Certified Asbestos Consultant or Certified Site Surveillance Technician. Construction activities involving the potential for impacting ACMs should be conducted in accordance with the requirements of Title 8 of the California Code of Regulations, Section 1529 (8 CCR 1529). For abatement activities which will involve the removal of at least 160 square feet, 260 linear feet, or 35 cubic feet of identified friable ACMs and/or regulated ACMs, notification must be made to the San Diego Air Pollution Control District (SDAPCD). Notification to the SDAPCD must be accomplished ten working days prior to the initiation of such activities. For abatement activities which will involve asbestos-related work of at least 100 square or linear feet, written notification must be made to the Cal/OSHA. Notification to the Cal/OSHA must be accomplished 24 hours prior to the initiation of such activities. Notification to employees and contractors working within the building should be made in accordance with the California Health and Safety Code, Section 25915 et.seq. and Proposition 65. At present there is no state or federal regulation requiring mandatory lead removal or abatement prior to disturbance or demolition of structures with identified lead materials. However, there are applicable Cal/OSHA worker protection and training requirements; Cal/EPA waste disposal requirements, Cal/DHS requirements for public and residential buildings, and SB 460 lead hazard regulations that apply to lead- related construction activities, abatement activities and their associated wastes. The following is a brief discussion and summary of applicable regulatory requirements: » Cal/OSHA: Title 8, California Code of Regulation (CCR), Section 1532.1 (8 CCR 1532.1) governs occupational exposure to lead. This regulation requires that prior to initiation of certain activities, referred to as "trigger tasks", workers must be trained, medically evaluated, and properly fitted with respiratory protection, and protective clothing until statistically reliable personal eight-hour time weighted average (TWA) results indicate lead exposure levels below the Persona] Exposure Limit (PEL) for each unique task which disturbs lead-based and lead- containing coatings. This process is known as a Negative Exposure Assessment or NEA. If the result of the exposure assessment is above the Action Level (AL) additional monitoring is required and if the result is above the PEL additional exposure monitoring, worker protection (including respirator protection and PPE), training and medical requirements apply. However even where the NEA criteria is met, certain hazard communication training and work practice controls still apply where lead is disturbed. "Trigger tasks" are tasks that are assumed to exceed the PEL pending an exposure assessment and they encompass the majority of construction activities that disturb surface coatings. Examples of "trigger" tasks range from manual paint scraping as a lower expected exposure up to hot work and abrasive blasting as the highest expected exposures, and include any non-listed task that the employer determines may potentially expose employees to lead levels above the AL. Survey Report - Executive Summary June 29,2007 Pajama Drive Reservoir Page 2 CONSULTING ENGINEERS NOTE - "OSHA does not consider any method that relies solely on the analysis of bulk materials or surface content of lead (or other toxic material) to be acceptable for safely predicting employee exposure to airborne contaminates. Without air monitoring results or without the benefit of historical or objective data (including air sampling which clearly demonstrates that the employee can not be exposed above the action level during any process, operation, or activity) the analysis of bulk or surface samples can not be used to determine employee exposure." OSHA Standard Interpretation 5/8/2000. Furthermore, OSHA states that these rules apply to "any detectable concentration of lead" without a specified detection level. Due to the Consumer Product Safety Commission currently allowing paint to contain up to 600 parts per million (ppm) of lead, the variation of lead content due to aging and weathering, and the variation of detection limits associated with both paint chip and XRF analysis, it is recommended that all painted or coated surfaces be treated as potentially containing lead. Clearly, positive analytical results by either method can be used to indicate that detectable lead is present but negative results cannot be interpreted as conclusively demonstrating the absence of lead. Analytical data of bulk paint/coating materials or surface content (by XRF) of lead can be helpful in evaluation of lead-related environmental risks in general but cannot be used to calculate worker exposures and are not a substitute for employee exposure monitoring. As a result of the above, any employee that works around potential lead-based or lead-containing coatings must have HAZCOM training and personal exposure air monitoring is additionally required for employees that disturb such coatings. Significant additional certification, notification, and work practices are required for materials found to be "lead-based". * Any welding, cutting or heating of metal surfaces containing surface coatings should be conducted in accordance with 29 CFR 1926.354 and 8 CCR 1537. These regulations require surfaces covered with toxic preservatives, and in enclosed areas, be stripped of all toxic coatings for a distance of at least 4 inches, in all directions, from the area of heat application prior to the initiation of such heat application. « Cal/EPA through the Division of Toxic Substance Control (DTSC) regulates disposal of lead hazardous waste (22 CCR Division 4, Chapter 30, Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes). DTSC has issued guidance indicating that architectural debris with intact lead paint is normally expected to be handled as general construction waste. However, waste stream segregation and analysis is still required for all paint or coating debris regardless of if the paint or coating is intact on a building component or not. The resulting wastes may be hazardous under California and federal RCRA standards for lead and therefore require proper handling, packaging, labeling, and transportation under a proper manifest to a permitted hazardous waste storage, treatment and disposal facility. * Cal DBS: The Department of Health Services (DHS) has specific requirements (Title 17 Sections 35001 thru 36100 et. al.) for hazard assessment and work in public or residential structures. These regulations require special certifications, work practices, and notification for such activities. * Senate Bill 460 (SB 460): An act to amend Section 1941.1 of the Civil Code, and to amend Sections 17961, 17980, and 124130 of, and to add Sections 17920.10, 105251, 105252, 105253, 105254, 105255, 105256, and 105257 to, the Health and Safety Code, relating to lead abatement. This bill allows for fines and criminal penalties to be levied on any person who is found to have Survey Report - Executive Summary June 29,2007 Pajama Drive Reservoir Page 3 CONSULTING ENGINEERS performed lead abatement without containment or created a measurable lead hazard based upon current DHS standards. The testing for this determination can be initiated by any local or state building inspector, health department inspector, or other designated state or local official. A determination of a lead hazard is not solely based upon the lead content of the paint or coating and can be the result of the disturbance of such materials with low concentrations of lead. Written notification to Cal/OSHA must be accomplished should LBP activities involve more than 100 square or 100 linear feet of removal in accordance with the requirements of 8 CCR 1532.1. Proper written notification to Cal/DHS may be required, depending upon the nature of the abatement activity. It is the contractor's responsibly to confirm the hazardous material quantities present prior to initiating renovation or demolition activities at the subject building. Should materials similar to those identified in this report, or other forms of suspect hazardous materials be present or identified, maintenance personnel/contractors should be instructed to immediately cease work activities which may initiate a fiber release episode, and notify the appropriate management personnel. Report prepare3Tor Cjtyof Carlsbad by: ve G. Pitts Environmental Field Engineer Certified Asbestos Consultant #05-3852 DHS Lead Inspector/Assessor #15644 Jerry R. gherman Hazardous Material Division Manager Certified Asbestos Consultant #97-2324 DHS Lead Inspector/Assessor #5809 Survey Report - Executive Summary Pajama Drive Reservoir June 29, 2007 Page 4 SECTION 2 MAIN BODY OF REPORT CONSULTING ENGINEERS CONSULTING ENGINEERS INTRODUCTION At the request of the City of Carlsbad, Winzler & Kelly Consulting Engineers (Winzler & Kelly) performed a Pre-demolition Asbestos Survey and Lead Testing Services of the Pajama Drive Reservoir located at the end of Pajama Drive in the City of Oceanside, County of San Diego, California (site). The survey and testing was conducted at the Control Building and the aboveground storage tank of the Pajama Drive Reservoir for the purposes of demolition. The survey was conducted to identify and sample suspect asbestos-containing materials (ACMs) and asbestos- containing construction materials (ACCMs) and to sample representative building components for the presence of lead-containing surface coatings, lead-based paints, and lead-bearing substances (LCSCs, LBPs, and LBSs). The survey and testing was conducted on June 13,2007, by Mr. Steve Pitts and Mr. Jerry Sherman. Mr. Jerry Sherman performed report preparation and Mr. Steve Reese performed report review. Mr. Sherman, Mr. Reese and Mr. Pitts, are California Occupational Safety and Health Administration (Cal/OSHA)-Cerrified Asbestos Consultants and California Department of Health Services (Cal/DHS)-Certified Lead-Related Inspector/Assessors. All members of the survey team are employees of Winzler & Kelly, and have received Hazardous Waste Operations and Emergency Response (HAZWOPER) training in accordance with Title 8 California Code of Regulations (CCR) 5194. Copies of certifications can be found in Appendix A of this document. Building Description The survey and testing was conducted at the Pajama Drive Reservoir located at the end of Pajama Drive in the City of Oceanside, California. The Pre-demolition Asbestos Survey and Lead Testing was conducted at the Control Building and the aboveground storage tank of the Pajama Drive Reservoir for purposes of demolition. Samples were collected from suspect materials that may be impacted during the demolition. METHODOLOGY Asbestos - Survey Methodology Suspect ACMs and ACCMs visual identification was performed by entering representative areas and assessing accessible structural, architectural, and mechanical components for the presence of suspect ACMs or ACCMs. Each suspect ACM or ACCM identified was sampled in accordance with sampling guidelines established by the United States Environmental Protection Agency (USEPA) and 8 CCR 1529. The following summarizes the sampling procedures utilized: 1. The location and total quantity of each ACM, ACCM, and presumed ACM (PACM) was tabulated. 2. These materials were then categorized into homogeneous materials. A homogeneous material is defined as being uniform in texture, color, and date of application. 3. A sampling scheme was developed based upon the location and quantity of the various homogeneous materials. Survey Report Section 2 June 29, 2007 Pajama Drive Reservoir Page 1 CONSULTING ENGINEERS 4. Bulk samples were collected by trained personnel using an appropriate sampling tool and a leak-tight container. 5. Decontamination of bulk sampling tools to prevent the spread of secondary contamination to subsequent bulk samples. 6. Each bulk sample was individually numbered and recorded on a Bulk Sample Log. 7. A Chain-of-Custody Record was maintained and submitted with the samples to the laboratory. A representative drawing showing asbestos sample locations can be found in Appendix B of this document. Asbestos - Analytical Methodology All bulk samples were analyzed by AmeriSci of Los Angeles, California. AmeriSci is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), the National Institute of Standards and Technology (MIST) and is a successful participant in the Proficiency Analytical Testing (PAT) Program. Polarized Light Microscopy (PLM) All bulk samples were analyzed by Polarized Light Microscopy (PLM) utilizing dispersion staining techniques in accordance with the USEPA Method: "Method for the Determination of Asbestos in Bulk Building Materials U.S. EPA/600/R-93/116" dated July 1993, and adopted by the NVLAP, NVLAP Test Method Code 18/A01, as affiliated with the NIST. Each sample was subjected to two microscopy examinations. The first examination was performed at 20X magnification using a stereo microscope equipped with an external illuminator. Each sample was examined for layering, homogeneity, and the presence of fibrous and non-fibrous materials. An estimate of the percentage for each sample component, relative to the entire sample volume, was made. When discrete strata are identified as a separate material, fibers are first identified and quantified by layer and then the results are combined to yield an estimate of total percent asbestos present. The second examination was performed at a range from of 100X to 400X magnification using a Polarized Light Microscope equipped with two polarizing filters to observe specific optical characteristics. The use of polarized light allows the determination of refractive indices along specific crystallographic axes. Morphology and color were also observed. A retardation plate was placed at a 45 degree angle between the cross polars to determine the sign of elongation using orthoscopic illumination. Orientation of the two filters such that their vibration planes were perpendicular allowed observation of the birefringence and extinction characteristics of anisotropic particles. Lead-Containing Surface Coatings. Lead-Based Paints, and Lead-Bearing Substances (LCSCs. LBPs. and LBSs) - Testing and Analytical Methodology Potential LCSCs, LBPs, and LBSs were identified via visual identification. The representative, suspect surface coatings were then measured on-site through the use of a NITON XL x-ray fluorescence (XRF) spectrum analyzer, in accordance with the requirements of the manufacturer's performance characteristics sheet (PCS) Survey Report - Section 2 June 29,2007 Pajama Drive Reservoir Page 2 CONSULTING ENGINEERS for this instrument. For purposes of this survey, and in accordance with Title 8 of the California Code of Regulations, Section 1532.1 (8 CCR 1532.1) and Title 17 of the California Code of Regulations, Section 35001 et. seq., the XRF measurement data results were interpreted as follows: 1. Positive results (LBPs/LBSs present) were determined when analytical results revealed a lead concentration of 1.00 milli grams per square centimeter (mg/cm2) or greater, equivalent to 5,000 parts per million (ppm) or greater. 2. Positive results (LCSCs present) were determined when analytical results revealed a lead concentration of 0.10 mg/cm2 or greater, up to 1.00 mg/cm2. 3. Negative results (LCSCs not present) were determined when analytical results revealed a lead concentration of less than 0.10 mg/cm2, which is below the analytical sensitivity of the XRF measurement methodology. RESULTS Pre-Demolition Asbestos Survey A total of 23 bulk samples for the determination of asbestos content were collected from the subject site on June 13, 2007. Based on the results of the pre-demolition asbestos survey of the subject property and laboratory analytical results, the following materials are considered to be ACMs, as defined by USEPA, and found to contain detectable concentrations ofl%OR GREA TER OF ASBESTOS (locations, conditions, and estimated total quantity of materials are found in the Executive Summary): Paiama Drive Reservoir 1. Joint Compound 2. Window Putty 3. Roof Mastic 4. Gaskets Based on the results of the limited asbestos survey of the subject building, the following materials are considered to be 'ACCMs, as defined by Cal/OSHA, and found to contain detectable concentrations of 0.1% OR GREATER, BUT LESS THAN 1% OF ASBESTOS (locations, conditions, and estimated total quantity of materials are found in the Executive Summary): Paiama Drive Reservoir 1. Concrete Seal The individual bulk sampling results and the materials suspected to be asbestos and determined not to contain detectable concentrations of asbestos can be found in the AmeriSci laboratory reports, which are located within Appendix C of this document. Survey Repon - Section 2 June 29, 2007 Pajama Drive Reservoir Page 3 CONSULTING ENGINEERS Lead Testing Services A total of 39 XRF measurements for the determination of lead content were collected from the subject site on June 13, 2007. The analytical results for this testing indicate that the components and respective surface coatings did have lead concentrations defining them as LBPs. in accordance with Title 17 of the California Code of Regulations, Section 35001 et. Seq (locations, conditions, and estimated total quantity of materials are found in the Executive Summary): Paiama Drive Reservoir 1. Green/Wood Doors 2. Green/Wood Door Jambs 3. Green/Wood Door Frames 4. Green/Metal Tank Exterior 5. Green/Metal Doors of Chlorine Mclcr 6. Green/Metal Overflow Pipe A lead testing orientation map can be found in Appendix B of this document. Individual XRF measurement results and LCSCs can be found in Appendix D of this document. CONCLUS1ONS/RECOMMENDAT1 ONS Pre-Demolition Asbestos Survey The results of the pre-demolition asbestos survey indicate that ACMs and ACCMs are present at the Pajama Drive Reservoir, which may be impacted by the impending demolition activities. At no time should the identified ACMs or ACCMs be drilled, cut, sanded, scraped or otherwise disturbed by untrained personnel. These materials should be removed prior to any activities which will impact these materials. Asbestos disturbance and/or removal operations must be conducted by a Cal/OSHA-registered and State licensed asbestos removal contractor. Disturbance and/or abatement operations should be performed under the direct observation of a California Certified Asbestos Consultant or Certified Site Surveillance Technician. Construction activities involving the potential for impacting ACMs should be conducted in accordance with the requirements of Title 8 of the California Code of Regulations, Section 1529 (8 CCR 1529). For abatement activities which will involve the removal of at least 1 60 square feet, 260 linear feet, or 35 cubic feet of identified friable ACMs and/or regulated ACMs, notification must be made to the San Diego Air Pollution Control District (SDAPCD). Notification to the SDAPCD must be accomplished ten working days prior to the initiation of such activities. For abatement activities which will involve asbestos-related work of at least 100 square or linear feet, written notification must be made to the Cal/OSHA. Notification to the Cal/OSHA must be accomplished 24 hours prior to the initiation of such activities. Survey Report - Section 2 June 29,2007 ^_ Pajama Drive Reservoir Page 4 ? CONSULTING ENGINEERS Notification to employees and contractors working within the building should be made in accordance with the California Health and Safety Code, Section 25915 etseq. and Proposition 65. It is the contractor's responsibly to confirm the ACM and ACCM quantities present prior to initiating renovation or demolition activities at the subject building. Should materials similar to those identified in this report, or other forms of suspect ACMs or ACCMs be present or identified, maintenance personnel/contractors should be instructed to immediately cease work activities which may initiate a fiber release episode, and notify the appropriate management personnel. Lead Testing Services The lead testing services revealed that building components with coatings defining them as LBPs zn&LCSCs are present at the Pajama Drive Reservoir, which may be impacted by the impending demolition activities. At present there is no state or federal regulation requiring mandatory lead removal or abatement prior to disturbance or demolition of structures with identified lead materials. However, there are applicable Cal/OSHA worker protection and training requirements; Cal/EPA waste disposal requirements, Cal/DHS requirements for public and residential buildings, and SB 460 lead hazard regulations that apply to lead-related construction activities, abatement activities and their associated wastes. The following is a brief discussion and summary of applicable regulatory requirements: * Cal/OSHA: Title 8, California Code of Regulation (CCR), Section 1532.1 (8CCR 1532.1)govems occupational exposure to lead. This regulation requires that prior to initiation of certain activities, referred to as "trigger tasks", workers must be trained, medically evaluated, and properly fitted with respiratory protection, and protective clothing until statistically reliable personal eight-hour time weighted average (TWA) results indicate lead exposure levels below the Personal Exposure Limit (PEL) for each unique task which disturbs lead-based and lead-containing coatings. This process is known as a Negative Exposure Assessment or NEA. If the result of the exposure assessment is above the Action Level (AL) additional monitoring is required and if the result is above the PEL additional exposure monitoring, worker protection (including respirator protection and PPE), training and medical requirements apply. However even where the NEA criteria is met, certain hazard communication training and work practice controls still apply where lead is disturbed. "Trigger tasks" are tasks that are assumed to exceed the PEL pending an exposure assessment and they encompass the majority of construction activities that disturb surface coatings. Examples of "trigger" tasks range from manual paint scraping as a lower expected exposure up to hot work and abrasive blasting as the highest expected exposures, and include any non-listed task that the employer determines may potentially expose employees to lead levels above the AL. NOTE - "OSHA does not consider any method that relies solely on the analysis of bulk materials or surface content of lead (or other toxic material) to be acceptable for safely predicting employee exposure to airborne contaminates. Without air monitoring results or without the benefit of historical or objective data (including air sampling which clearly demonstrates that the employee can not be exposed above the action level during any process, operation, or activity) the analysis of bulk or surface samples can not be used to determine employee exposure." OSHA Standard Interpretation 5/8/2000. Survey Report - Section 2 June 29, 2007 Pajama Drive Reservoir Page 5 CONSULTING ENGINEERS Furthermore, OSHA states that these rules apply to "any detectable concentration of lead" without a specified detection level. Due to the Consumer Product Safety Commission currently allowing paint to contain up to 600 parts per million (ppm) of lead, the variation of lead content due to aging and weathering, and the variation of detection limits associated with both paint chip and XRF analysis, it is recommended that all painted or coated surfaces be treated as potentially containing lead. Clearly, positive analytical results by either method can be used to indicate that detectable lead is present but negative results cannot be interpreted as conclusively demonstrating the absence of lead. Analytical data of bulk paint/coating materials or surface content (by XRF) of lead can be helpful in evaluation of lead-related environmental risks in general but cannot be used to calculate worker exposures and are not a substitute for employee exposure monitoring. As a result of the above, any employee that works around potential lead-based or lead-containing coatings must have HAZCOM training and personal exposure air monitoring is additionally required for employees that disturb such coatings. Significant additional certification, notification, and work practices are required for materials found to be "lead-based". * Any welding, cutting or heating of metal surfaces containing surface coatings should be conducted in accordance with 29 CFR 1926.354 and 8 CCR 1537. These regulations require surfaces covered with toxic preservatives, and in enclosed areas, be stripped of all toxic coatings for a distance of at least 4 inches, in all directions, from the area of heat application prior to the initiation of such heat application. * Cal/EPA through the Division of Toxic Substance Control (DTSC) regulates disposal of lead hazardous waste (22 CCR Division 4, Chapter 30, Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes). DTSC has issued guidance indicating that architectural debris with intact lead paint is normally expected to be handled as general construction waste. However, waste stream segregation and analysis is sti 11 required for all paint or coating debris regardless of if the paint or coating is intact on a building component or not. The resulting wastes may be hazardous under California and federal RCRA standards for lead and therefore require proper handling, packaging, labeling, and transportation under a proper manifest to a permitted hazardous waste storage, treatment and disposal facility. * Cal DBS: The Department of Health Services (DHS) has specific requirements (Title 17 Sections 35001 thru 36100 et. al.) for hazard assessment and work in public or residential structures. These regulations require special certifications, work practices, and notification for such activities. * Senate BUI 460 (SB 460): An act to amend Section 1941.1 of the Civil Code, and to amend Sections 17961, 17980, and 124130 of, and to add Sections 17920.10, 105251, 105252, 105253, 105254, 105255,105256, and 105257 to, the Health and Safety Code, relating to lead abatement. This bill allows for fines and criminal penalties to be levied on any person who is found to have performed lead abatement without containment or created a measurable lead hazard based upon current DHS standards. The testing for this determination can be initiated by any local or state building inspector, health department inspector, or other designated state or local official. A determination of a lead hazard is not solely based upon the lead content of the paint or coating and can be the result of the disturbance of such materials with low concentrations of lead. Survey Report - Section 2 June 29,2007 ^_ Pajama Drive Reservoir Page 6 > CONSULTING ENGINEERS Written notification to Cal/OSHA must be accomplished should LBP activities involve more than 100 square or 100 linear feet of removal in accordance with the requirements of 8 CCR 1532.1. Proper written notification to Cal/DHS may be required, depending upon the nature of the abatement activity It is the contractor's responsibly to confirm the hazardous material quantities present prior to initiating renovation or demolition activities at the subject building. Should materials similar to those identified in this report, or other forms of suspect hazardous materials be present or identified, maintenance personnel/contractors should be instructed to immediately cease work activities which may initiate a fiber release episode, and notify the appropriate management personnel. Survey Report - Section 2 June 29, 2007 Pajama Drive Reservoir Page 7 APPENDIX A CERTIFICATIONS CONSULTING ENGINEERS State of California Division of Occupational Safety and Health Certified Asbestos Consultant Jerry Robert Sherman Certification No.. 97~2324 02/06/08 Expires on OrxafOenl SeMy airi Hcdh «tutoHml by SsdkTC 7180 e(seq,d»«aa«ss and State of California Department of Health Services Lead-Related Construction Certificate ctrtHterte LffiS STATE OF CALIFORNIA Arnold Schwarzenegger, Governor DEPARTMENT OF INDUSTRIAL RELATIONS "DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ^ASBESTOS CONSULTANT and TRAINER APPROVAL UNIT 2211 Park Towns Circle, Sufte 1 Sacramento, CA 95025 Tel: {916} 574-2993 Fax: (916) 483-0572 508173852C Steve G Pitts 1131 Moana Dr San Diego 282 July 31, 2006 CA 92107 Dear Certified Asbestos Consultant or Technician: Enclosed is your certification card. To maintain your certification, please abide by the rules printed on the back of the certification card. Your certification is vaiid for a period of one year. If you wish to renew your certification, you must apply for renewal at least 60 days before the expiration date shown on your card. [8 CCR 341.15(h)(1)]. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. Please inform our office at the above address, fax number or actu@dir.ca.gov of any changes in your contact/mailing information within 15 days of the change. Jeff Ferrell Senior Industrial Hygienist JF/ms Attachment: Certification Card cc: File (Renewal - Card Attached Revised !V1 V05) State of California Division of Occupational Safety and Health Certified Asbestos Consultant Steve G Pitts Name TKt certfcafcn MS issuKi 6y w avtoi d Safes riJO et SB? of DM BIMKS mi PwtetaotisCode o State of California Department of Health Services Lead-Related Certificate Etpirjtion Construction TVP« Bils Certificate Inspector/Assessor 05/12/2008 STATE OF CALIFORNIA Arnold Schwarzenegger, Governor DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ASBESTOS CONSULTANT and TRAINER APPROVAL UNIT 2211 Park Towne Circle, Suite 1 : Sacramento, CA 95825 Tel: (916} 574-2993 Fax: (916) 483-0572 508173853C Stephen S Reese 4123 Twilight Ridge San Diego 282 July 31,2006 CA 92130 Dear Certified Asbestos Consultant or Technician: Enclosed is your certification card. To maintain your certification, please abide by the rules printed on the back of the certification card. Your certification is valid for a period of one year. If you wish to renew your certification, you must apply for renewal at least 60 days before the expiration date shown on your card. [8 CCR 341.15(h)(1)]. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. Please inform our office at the above address, fax number or actu@ dir.ca.gov of any changes in your contact/mailing information within 15 days of the change. Sincerely, Jeff Ferrell Senior Industrial Hygienist JF/ms Attachment: Certification Card cc: File (Renewal - card ARzched Revised W/I3/OS) State of California Division of Occupational Safety and Health Certified Asbestos Consultant Stephen S Reese Name Certification No. Expires on 05-3853 09/22/07 Sa«»s7tM!elseq. oU*Bnsh»Ml Professions Cafe Mr. Stephen S. Reese Winzler & Kelly Consulting Engineers 4180RuffmRoad,#115 San Diego, California 92123 State of California Department of Health Services Lead-Related Certificate cxcu jiion Construction Type Daiq Certificate Inspector/Assessor 11/25/2007 Project Monitor 11/25/200? o iDf 13938 APPENDIX B ASBESTOS SAMPLE LOCATION/LEAD TESTING ORIENTATION MAP CONSULTING ENGINEER WDST7I CONSULT! NG ENGI NEERS BY: PITTS/SHERMAN REPORT DATE: 06/29/07 CLIENT: CITY OF CARLSBAD 4180 RUFFIN ROAD SUITE 115 SAN DIEGO, CALIFORNIA 92123 PH (858) 244-0440 FAX (858) 244-0441 SUBJECT: ASBESTOS SAMPLE LOCATION / LEAD TESTING ORIENTATION MAP LOCATION: PAJAMA DRIVE RESERVOIR JOB No. 1Q38207006.77010 SHEET No. 1 of 1 SIDE A. m LU AND OKCnONS ARE APPROJOMATE LOCATION OF ASBESTOS ROOF SAMPLE • - APPROMUAIE LOCATION OT SAMPLE ANALYZED FOR ASBESTOS sot A- tmaxwat LOCAINN OF SAMPLE AHAUZED FOR ASBESTOS A-12 A-6 SIDE C APPENDIX C ASBESTOS ANALYTICAL DATA (LABORATORY REPORT) CONSULTING ENGINEERS AmeriSci Los Angeles yi r\ 24416 SOUTH MAIN STREET • SUITE 308 r\MERI OC/ CARSON, CA 90745 TEL: (310) 834-4868 • FAX (310) 834-4772 June 20.2007 Winder & Kelly Consulting Engineers / San Di Attn: Steve Reese 4180Ruffin Road Suite 115 San Diego. CA 92123 RE: Winzler & Kelly Consulting Engineers / San Oi Job Number 907061365 P.O.* 1038207006.77010 1038207006.77010; City Carlsbad; Pajama Dr. Reservoir (Report Amended 6/20/2007) Dear Steve Reese: Enclosed are the results for polarized light microscopy analysis (PLM) of the following Winzler & Kelly Consulting Engineers / San Di samples received at AmeriSci on Thursday, June 14,2007, for a 24 hour turnaround: A-1, A-2. A-3, A-4. A-5, A-6. A-7, A-8, A-9, A-10, A-11, A-12, A-13, A-14. A-15, A-16, A-17, A-18. A-19, A-20, A-21, A-22, A-23 The 23 samples contained in Ziplock Bags were shipped to AmeriSci via Federal Express. These samples were prepared and analyzed according to the EPA Interim Method (EPA 600/M4-82-020 per 40 CFR 763, subpt F, App. A). The samples were evaluated tor homogeneity by low power stereomicroscopy. Asbestos fibers were identified by PLM and dispersion staining through the determination of the required optical properties including: morphology, color, pleochroism. refractive indices, birefringence, extinction and sign of elongation. The required analytical information, analysis results, analyst signature and laboratory identification is contained in the Analysts Report. This report relates ONLY to the sample analysis expressed as percent asbestos. The CV for this analysis is expected to range from 0.3 to 12, depending on the quantity of analyte present. AmeriSci assumes no responsibility for customer supplied data such as "sample type", "location", or'area sampled". This report must not be used to claim product endorsement by AmeriSci, NVLAP or any agency of the U. S. Government. The National Institute of Standards and Technology Accreditation requirements mandate that this report must not be reproduced, except in full without the written approval of the laboratory. Thus report may contain specific data not covered by NVLAP or ELAP accreditations respectively, if so identified in relevant footnotes. AmeriSci appreciates this opportunity to serve your organization. Please contact us for any further assistance or with any questions. Client Services Manager Boston • Lot Aigel«» • New York • Richmond AMERlSd AmeriSci Los Angeles 24416 S. Main Street. Ste 308 Carson. California 90745 TEL: (310) 834-4888 • FAX: (310) 834-4772 PLM Bulk Asbestos Report Winzler & Kelly Consulting Engineers / San Di Attn: Steve Reese 4180 Ruffin Road Suite 115 San Diego. CA 92123 Date Received 06/14/07 Date Examined 06/15/07 AmeriSci Job No. 907061365 P.O.# 1038207006.77010 Page 1 of 5 RE 1038207006.77010; City Carlsbad; Pajama Dr. Reservoir (Report Amended 6/20/2007) Client No. / HGA A-1 A Lab No. Asbestos Present 907061365-01.1 No Location: Control Bldg. (Debris) / Drywall / Joint Compound / White Description: White/Brown, Heterogeneous, Fibrous. Drywall / Tape Asbestos Types: Other Material: Cellulose 15 %, Non-fibrous 85 % Total % Asbestos NAD (by CVES) by Olga K. Kalsuk on 06/15/07 A-1 A 907061365-01.2 Yes Location: Control Bldg. (Debris) / Drywall / Joint Compound / White Description: Beige, Heterogeneous, Fibrous, Joint Compound Asbestos Types: Chrysotile 6.0 % Other Material: Non-fibrous 94 % 6% (by CVES) byOlgaK. Katsuk on 06/15/07 A-2 A 907061365-02.1 Location: Control Bldg. (Debris) J Drywall / Joint Compound /White Description: White/Brown, Heterogeneous, Fibrous, Drywall / Tape Asbestos Types: Other Material: Cellulose 20 %, Non-fibrous 80 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-2 A 907061365-02.2 Location: Control Bldg. (Debris) / Drywall / Joint Compound /White Description: Beige, Heterogeneous, Fibrous, Joint Compound Asbestos Types: Chrysotile 6.0 % Other Material: Non-fibrous 94 % 6% (by CVES) by Olga K. Katsuk on 06/15/07 A-3 A 907061365-03.1 No Location: Control Bldg. (Ceiling) / Drywall / Joint Compound / White Description: White/Brown, Heterogeneous, Fibrous, Drywall / Tape Asbestos Types: Other Material: Cellulose 10 %, Non-fibrous 90 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 See Reporting notes on last page AmerlSciJob*: 907061365 Client Name: Winzler & Kelly Consulting Engineers / San Di Page 2 of PLM Bulk Asbestos Report 1038207006.77010; City Carlsbad; PajamaDr. Reservoir (Report Amended 6/20/2007) Client No. /HGA A-3 A Lab No. Asbestos Present 907061365-03.2 Ves Location: Control BWg. (Ceiling) / Drywall / Joint Compound / White Description: Beige, Heterogeneous, Fibrous, Joint Compound Asbestos Types: Chrysotile 5.0 % Other Material; Non-fibrous 95 % Total % Asbestos 5% (byCVES) by CHga K. Katsuk on 06/16/07 A-4 B 907061365-04 Yes Location: Control Bldg. Window / Window Putty /Gray Description: Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysotile 2.0 % Other Material: Non-fibrous 98 % A-5 B 907061365-05 Yes Location: Control Bldg. Window I Window Putty /Gray Description: Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysotile 2.0 % Other Material: Non-fibrous 98 % A-6 B 907061365-06 Ves Location: Control Bldg. Window/ Window Putty / Gray Description: Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysotile 2.0 % Other Material: Non-fibrous 98 % A-7 C 907061365-07 Location: Control Bldg. Scale / Silver Paint / Silver Description: Silver, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % 2% (by CVES) by Olga K. Katsuk on 06/15/07 2% (by CVES) by Olga K. Katsuk on 06/15/07 2% (by CVES) by Olga K. Katsuk on OB/15/07 NAD (by CVES) .by Olga K. Katsuk on 06/15707 A-8 C 907061365-08 No Location: Control Bldg. Valve / Silver Paint / Silver Description: Silver/Grey, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 See Reporting notes on last page AmeriSci Job#: 907061365 Client Name: Winzler & Kelly Consulting Engineers / San Di Page 3 of PLM Bulk Asbestos Report 1038207006.77010; City Carlsbad; PajamaDr. Reservoir (Report Amended 6/20/2007) Client No./HGA A-9 C Lab No. Asbestos Present 907061365-09 Wo Location: Control Bldg. Scale / Silver Paint / Silver Description: Silver, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % Total % Asbestos NAD (byCVES) by Olga K. Katsuk on 06/15/07 A-10 D 907061365-10 Wo Location: Control Bldg. Roof / Built Up Roof Mat'l / Blk Description: Black, Heterogeneous, Fibrous, Bulk Material Asbestos Types: Other Material: Cellulose 10 %, Non-fibrous 90 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-11 D 907061365-11 Wo Location: Control Bldg. Roof / Built Up Roof MafI / Blk Description: Black, Heterogeneous, Fibrous, Bulk Material Asbestos Types: Other Material: Cellulose 10 %, Non-fibrous 90 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-12 D 907061365-12 Wo Location: Control Bldg, Roof/ Built Up Roof Mat'l / Blk Description: Black, Heterogeneous, Fibrous, Bulk Material Asbestos Types: Other Material: Cellulose 15 %, Non-fibrous 85 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-13 E 907061365-13 Location: Control Bldg. Roof/ Roofing Mastic/ Gray Description: Grey, Heterogeneous, Fibrous, Bulk Material Asbestos Types; Chrysotile 6.0 % Other Material: Non-fibrous 94 % 6% (by CVES) by Olga K. Katsuk on 06/15/07 A-14 F 907061365-14 Location: Tank Inside /Tank Lining / Blk Description: Black, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 See Reporting notes on last page AmeriSciJob*; 907061365 Client Name: Winzler & Kelly Consulting Engineers / San Di of PLM Bulk Asbestos Report 1038207006.77010; City Carlsbad; Pajama Dr. Reservoir (Report Amended 6/20/2007) Client No. / HGA A-15 F Lab No. Asbestos Present 907061365-15 No Location: Tank Inside /Tank Lining / Blk Description: Black, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % Total % Asbestos NAD (byCVES) byOlgaK. Katsuk on 06/15/07 A-16 F 907061365-16 Location: Tank Inside I Tank Lining / Blk Description: Black. Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-17 G 907061365-17 Location: Base Of Tank / Tank Gasket / Bm Wo Description: Brown, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-18 G 907061365-18 Location: Base Of Tank / Tank Gasket / Bm Description: Brown, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100 % NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-19 G 907061365-19 Location: Base Of Tank / Tank Gasket / Brn Description: Brown, Homogeneous, Non-Fibrous, Bulk Material Asbestos Types: Other Material: Non-fibrous 100% NAD (by CVES) by Olga K. Katsuk on 06/15/07 A-20 H 907061365-20 Location: Tank Piping I Range Gasket / Gray Yes Description: Blue, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysotile 40.0 % Other Material: Non-fibrous 60 % 40% (by CVES) by Olga K. Katsuk on 06/15/07 See Reporting notes on test page AmerlSdJobft 907061365 Client Name: Winzter & Kelly Consulting Engineers / San Di Page 5 of PLM Bulk Asbestos Report 1038207006.77010; City Carlsbad; PajamaDr. Reservoir (Report Amended 6/20/2007) Client No. / HGA Lab No. Asbestos Present A-21 907061365-21 Yes I Location: Tank Inlet Pipe/Concrete Seal/Gray Description: Beige/Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysolite <1.% Other Material: Non-fibrous 100 % A-22 907061365-22 Location: Tank Outlet Pipe / Concrete Ves Description: Beige/Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysolite <1. % Other Material: Non-fibrous 100% A-23 I 907061365-23 Location: Tank Over Flow Pipe / Concrete Seal / Gray Description: Beige/Grey, Heterogeneous, Non-Fibrous, Cementitious, Bulk Material Asbestos Types: Chrysolite <1. % Other Material: Non-fibrous 100 % Reporting Notes: Analyzed By: Olga K. Katsuk *NAD * no asbestos detected; not analyzed; NA/PS = not anal1 600/M4-82-020 per 40 CFR 763 asbestos in floor coverings and simil material can be considered or treatet 146,38970.8/1/94). NIST approval of the laboratory. Reviewed By: ; Date Analyzed: 6/15/2007 Total % Asbestos Trace (<1 %) (byCVES) by Oiga K. Katsuk on 08/15/07 Trace (<1 %) (by CVES) by Olga K. Katsuk on 06/15/07 Trace (<1 %) (by CVES) by Olga K. Katsuk on 06/15/07 Limit <1%; Reporting Limits: CVES = 1%, 40O Pt Ct» 0.25%. 1000 Pt Ct = 0.1%; NA = / positive stop; PLM (polarized light microscopy) Bulk Asbestos Analysis by EPA P Lab #200346-0, CA ELAP lab #2322); Note: PLM is not consistently reliable In detecting if NOB materia|fc-xTEM is currently the only method that can be used to determine if this non-asbeitos^containing in New York State (also see EPA Advisory for floor tile, FR 59, requirement&4nandate that this report must not be reproduced except in full with the tatWjaNLY to the items tested. Asbestbs Bulk Sample Log WINZLER&. KELLY CONSULTING ENGINEERS 4l8QRvffw Road, Suite 115 San Diego, CA 92123 Phone: (8St) 244-0440 Fax: (850 2444441 Client:.Date: PIT' to? (V0 I ' project Number.77^ /f a Jffi*J QffWMtJi vMk- A- Analytical Method: /^ PLM T Turnaround Time: SameJDay (Wn) 3 day ^^*»- _^^ ^**—*Sample Receiver: WinzlersTCBIyConsulting Engineers - 4180 Ruffin Rd.t #f 15, San Diego, CA 92123 CHAIN OF itle Inclusive Dates Signature Title elusive deles 3. Signature Title Inclusive Dales Pa« ' of Asbestos Bulk Sample Log 007081365 WINZLER& KELLY CONSULTING ENGINEERS 4180 Ruffw. Road, Suite 115 San Diezo. CA 92123 Phone: (858)244-0440 Fax: (858)244-0441 Client.Date: n: fiy Pr. Collected T*r. Project Number: or SST No; A-tf Control yify. fW'f •; l Ji J_ \/ WK. Analytical Method: (PLM^X Tnniaround Time: Same Day /24kr? 3 day VHM* Sample Receiver. Winzler & Kelly Consulting Engineers -41 BO RufTm Rd., #115, San Diego, CA 92123 CHAIN QJB^OJSTOBY: <g fa/Pi Title M'> Inclusive Dates 3. Signature Title Inclusive Dates of Asbestos Bulk Sample Log WINZLER& KELLY CONSULTING ENGINEERS 4180 Ruffin Road, Suite 115 San Diego. CA 92121 Phone.-(858) 244-0440 Fax: (858)244-0441 Collected Bv; Date: Project Number:, Analytical Method: C^^y Turnaround Time: Same Day ( TAty? 3 day Sample Receiver: Wnzler & Kelly Consulting Engineers - 4180 Ruffin Ret., #115, San Diego, CA 92123 CHAIN OF CUSTODY: ffitte Intltevt Dates Title Inclusive Dates Signature Title Inclusive Dates Page of. APPENDIX D XRF LEAD DATA TABLE CONSULTING ENGINEERS WINZUER AND KELLY CONSULTING ENGINEERS XRF LEAD DATA TABLE CITY OF CARLSBAD - PAJAMA DRIVE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Notes: SHUTTER CAL CALIBRATE CALIBRATE WALL DOOR DOOR DOORFRAME DOOR JAMB WINDOW WINDOW WALL valve chlorine meter chlorine meter chart recorder turf meter PIPE FLOOR WALL WALL WALL water tank water tank water tank water tank water tank water tank water tank water tank OVERFLOW PIPE ladder PIPE PIPE PIPE TRIM UPPER TRIM UPPER TRIM UPPER TRIM UPPER CONCRETE WOOD WOOD WOOD WOOD METAL METAL CONCRETE METAL METAL METAL METAL METAL METAL CONCRETE CONCRETE CONCRETE CONCRETE METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL METAL INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT POOR INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT INTACT CALIBRATE A A A A A B B B c A A A B C A A C C D B B B D CALIBRATE CALIBRATE CALIBRATE WHITE GREEN GREEN GREEN GREEN GRAY GRAY WHITE SILVER GREEN GREEN GRAY GREEN WHITE GREEN WHITE WHITE WHITE GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN GREEN control bldg. control bldg. control bMg. control Mag. control btdg. control bldg. control bldg. control bldg. control bldg. control bkle. control bldg. control bldg. control bldg. control bldg. control bldg. control bldg. control bldg. control bldg. reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir reservoir control bldg control bldg control bldg control bldg east east ext east •ast east cntr cntr cntr cntr cntr east east east east ext. ext. ext. inside lid outside ad top roof top roof taproot sides sides sides sides sides sides sides sides 1 1 1 1 1 1 1 1 1 1 1 Positive Positive Positive Negative LBP LBP LBP LBP Negative LCSC Negative Negative LCSC LBP LCSC LCSC Negative LCSC Negative Negative LCSC Negative LBP LBP LBP LBP LBP LCSC LCSC LBP LCSC LCSC LCSC LCSC LCSC Positive Positive Positive 6 1.2 1.2 1.1 0.02 2.2 2.6 3.4 3 0.06 0.15 0.01 0 0.17 7 0.15 0.19 0.03 0.16 0.08 0.05 0.1 0.02 2.6 1.1 1.1 1.5 1 0.9 0.8 1 01 0.26 0.4 0.3 0.4 1.1 1.1 1.1 XRF - X-ray fluorescence spectrum analyzer mg/cm2 •milligrams per square centimeter LCSC - Lead-Containing Surface Coating (8 CCR 1532.1) lead present from 0.10 to 0.99 mg/cm2 LBP - Lead-Based Paint (1 7 CCR 35001 et. seq.), lead is present at 1 .00 mg/cm2or greater APPENDIX "C" CALIFORNIA STORMWATER BMP HANDBOOK CONTRUCTION DETAILS FOR SILT FENCE (SE-1) AND HYDRAULIC MULCH (EC-3) Silt Fence SE-1 Description and Purpose A silt fence is made of a filter fabric tibat has been entrenched, attached to supporting poles, and sometimes backed by a plastic or wire mesh for support. The silt fence detains sediment-laden water, promoting sedimentation behind the fence. Suitable Applications Silt fences are suitable for perimeter control, placed below areas where sheet flows discharge from the site. They should also be used as interior controls below disturbed areas where runoff may occur in the form of sheet and rill erosion. Silt fences are generally ineffective in locations where the flow is concentrated and are only applicable for sheet or overland flows. Silt fences are most effective when used in combination with erosion controls. Suitable applications include: • Along the perimeter of a proj ect. • Below the toe or down slope of exposed and erodible slopes. • Along streams and channels. • Around temporary spoil areas and stockpiles. • Below other small cleared areas. Limitations • Do not use in streams, channels, drain inlets, or anywhere flow is concentrated. Objectives EC Erosion Control SE Sediment Control TR Tracking Control WE Wind Erosion Control Non-StormwaterNSManagement Control „_. Waste Management and WM Materials Pollution Control Legend: 0 Primary Objective S Secondary Objective Targeted Constituents Sediment [ Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives SE-5 Fiber Rolls SE-6 Gravel Bag Berm SE-8 Sandbag Barrier SE-9 Straw Bale Barrier c\!.:-OR-1.-, January 2003 California Stormwater BMP Handbook Construction www.cabmphandbooks.com 1 of 8 -1 Silt Fence • Do not use in locations where ponded water may cause flooding. • Do not place fence on a slope, or across any contour line. If not installed at the same elevation throughout; silt fences will create erosion. • Filter fences will create a temporary sedimentation pond on the upstream side of the fence and may cause temporary flooding. Fences not constructed on a level contour will be overtopped by concentrated flow resulting in failure of the filter fence. • I mproperly installed fences are subj ect to failure from undercutting, overlapping, or collapsing. Not effective unless trenched and keyed in. Not intended for use as mid-slope protection on slopes greater than 4: i (H:V). D o not allow water depth to exceed i .5 ft at any point. Implementation General A silt fence is a temporary sediment barrier consisting of filter fabric stretched across and attached to supporting posts, entrenched, and, depending upon the strength of fabric used, supported with plastic or wire mesh fence. Silt fences trap sediment by intercepting and detaining small amounts of sediment-laden runoff from disturbed areas in order to promote sedimentation behind the fence. Silt fences are preferable to straw bale barriers in many cases. Laboratory work at the Virginia Highway and Transportation Research Council has shown that silt fences can trap a much higher percentage of suspended sediments than can straw bales. While the failure rate of silt fences is lower than that of straw bale barriers, there are many instances where silt fences have been improperly installed. The following layout and installation guidance can improve performance and should be followed • Use principally in areas where sheet flow occurs. • Don't use in streams, channels, or anywhere flow is concentrated. Don't use silt fences to divert flow. • Don't use below slopes subject to creep, slumping, or landslides. • Select filter fabric that retains 85% of soil by weight, based on sieve analysis, but that is not finer than an equivalent opening size of 70. • Install along a level contour, so water does not pond more than 1.5 ft at any point along the silt fence. • The maximum length of slope draining to any point along the silt fence should be 200 ft or less. • The maximum slope perpendicular to the fence line should be i: i. 2 of 8 California Stormwater BMP Handbook January 2003 Construction ww w. cabmphandbooks. com Silt Fence SE-1 • Provide sufficient room for runoff to pond behind the fence and to allow sediment removal equipment to pass between the silt fence and toes of slopes or other obstructions. About 1200 ft2 of ponding area should be provided for every acre draining to the fence. • Turn the ends of the filter fence uphill to prevent stormwater from flowing around the fence. • Leave an undisturbed or stabilized area immediately down slope from the fence where feasible. • Silt fences should remain in place until the disturbed area is permanently stabilized. Design and Lay out Selection of a filter fabric is based on soil conditions at the construction site (which affect the equivalent opening size (EOS) fabric specification) and characteristics of the support fence (which affect the choice of tensile strength). The designer should specify a filter fabric that retains the soil found on the construction site yet that it has openings large enough to permit drainage and prevent clogging. The following criteria is recommended for selection of the equivalent opening size: 1. If 50 percent or less of the soil, by weight, will pass the U.S. Standard Sieve No. 200, select the EOS to retain 85% of the soil. The EOS should not be finer than EOS 70. 2. For all other soil types, the EOS should be no larger than the openings in the U.S. Standard Sieve No. 70 except where direct discharge to a stream, lake, or wetland will occur, then the EOS should be no larger than Standard Sieve No. 100. To reduce the chance of clogging, it is preferable to specify a fabric with openings as large as allowed by the criteria. No fabric should be specified with an EOS smaller than U.S. Standard Sieve No. 100. If 85% or more of a soil, by weight, passes through the openings in a No. 200 sieve, filter fabric should not be used. Most of the particles in such a soil would not be retained if the EOS was too large and they would clog the fabric quickly if the EOS were small enough to capture the soil. The fence should be supported by a plastic or wire mesh if the fabric selected does not have sufficient strength and bursting strength characteristics for the planned application (as recommended by the fabric manufacturer). Filter fabric material should contain ultraviolet inhibitors and stabilizers to provide a minimum of six months of expected usable construction life at a temperature range of o °F to 120 °F. • Layout in accordance with attached figures. • For slopes steeper than 2: i (H: V) and that contain a high number of rocks or large dirt clods that tend to dislodge, it may be necessary to install additional protection immediately adjacent to the bottom of the slope, prior to installing silt fence. Additional protection may be a chain link fence or a cable fence. • For slopes adjacent to sensitive receiving waters or Environmentally Sensitive Areas (ESAs), silt fence should be used in conjunction with erosion control BMPs. January 2003 California Stormwater BMP Handbook 3 of 8 Construction www. cabmphanobooks. com SE-1 Silt Fence Materials m Silt fence fabric should be woven polypropylene with a minimum width of 36 in. and a minimum tensile strength of 100 Ib force. The fabric should conform to the requirements in ASTM designation 04632 and should have an integral reinforcement layer. The reinforcement layer should be a polypropylene, or equivalent, net provided by the manufacturer. The permittivity of the fabric should be between o.i sec1 and 0.15 sec1 in conformance with the requirements in ASTM designation 04491. • Wood stakes should be commercial quality lumber of the size and shape shown on the plans. Each stake should be free from decay, splits or cracks longer than the thickness of the stake or other defects that would weaken the stakes and cause the stakes to be structurally unsuitable. • Staples used to fasten the fence fabric to the stakes should be not less than 1.75 in. long and should be fabricated from 15 gauge or heavier wire. The wire used to fasten the tops of the stakes together when joining two sections offence should be 9 gauge or heavier wire. Galvanizing of the fastening wire will not be required. • There are new products that may use prefabricated plastic holders for the silt fence and use bar reinforcement instead of wood stakes. If bar reinforcement is used in lieu of wood stakes, use number four or greater bar. Provide end protection for any exposed bar reinforcement Installation Guidelines Silt fences are to be constructed on a level contour. Sufficient area should exist behind the fence for ponding to occur without flooding or overtopping the fence. • A trench should be excavated approximately 6 in. wide and 6 in. deep along the line the proposed silt fence. • Bottom of the silt fence should be keyed-in a minimum of 12 in. • Posts should be spaced a maximum of 6 ft apart and driven securely into the ground a minimum of 18 in. or 12 in. below the bottom of the trench. • When standard strength filter fabric is used, a plastic or wire mesh support fence should be fastened securely to the upslope side of posts using heavy-duty wire staples at least i in. long. The mesh should extend into the trench. When extra-strength filter fabric and closer post spacing are used, the mesh support fence may be eliminated. Filter fabric should be purchased in a long roll, then cut to the length of the barrier. When joints are necessary, filter cloth should be spliced together only at a support post, with a minimum 6 in. overlap and both ends securely fastened to the post • The trench should be backfilled with compacted native material. • Construct silt fences with a setback of at least 3 ft from the toe of a slope. Where a silt fence is determined to be not practicable due to specific site conditions, the silt fence may be constructed at the toe of the slope, but should be constructed as far from the toe of the slope as practicable. Silt fences close to the toe of the slope will be less effective and difficult to maintain. 4 of 8 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com Silt Fence SE-1 • Construct the length of each reach so that the change in base elevation along the reach does not exceed 1/3 the height of the barrier; in no case should the reach exceed 500 ft. Costs • Average annual cost for installation and maintenance (assumes 6 month useful life): $7 per lineal foot ($850 per drainage acre). Range of cost is $3 .50 - $9.10 per lineal foot. Inspection and Maintenance • Inspect BM Ps prior to forecast rain, daily during extended rain events, after rain events, weekly during the rainy season, and at two-week intervals during the non-rainy season. • Repair undercut silt fences. • Repair or replace split, torn, slumping, or weathered fabric. The lifespan of silt fence fabric is generally 5 to 8 months. • Silt fences that are damaged and become unsuitable for the intended purpose should b e removed from the site of work, disposed of, and replaced with new silt fence barriers. • Sediment that accumulates in the BMP must be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height. Sediment removed during maintenance may be incorporated into earthwork on the site or disposed at an appropriate location. • Silt fences should be left in place until the upstream area is permanently stabilized. Until then, the silt fence must be inspected and maintained. • Holes, depressions, or other ground disturbance caused by the removal of the silt fences should be backfilled and repaired. References Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area Governments, May 1995. National Management Measures to Control Nonpoint Source Pollution from Urban Areas, United States Environmental Protection Agency, 2002. Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, Work Group- Working Paper, USEPA, April 1992. Sedimentation and Erosion Control Practices, and Inventory of Current Practices (Draft), UESPA, 1990. Southeastern Wisconsin Regional Planning Commission (SWRPC). Costs of Urban Nonpoint Source Water Pollution Control Measures. Technical Report No. 31. Southeastern Wisconsin Regional Planning Commission, Waukesha, WI. 1991 Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. January 2003 California Stormwater BMP Handbook 5 of 8 Construction www.cabmphandbooks.com SE-1 Silt Fence Stormwater Management Manual for The Puget Sound Basin, Washington State Department of Ecology, Public Review Draft, 1991. U.S. Environmental Protection Agency (USEPA). Stonnwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. U.S. Environmental Protection Agency, Office of Water, Washington, DC, 1992. Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of Management Practices, Tahoe Regional Planning Agency, November 1988. 6 of 8 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com Silt Fence SE-1 _ s oIo g o OTJ SJjj •5~5-j 5 £ -isU r- m •58" S i°« 5 u CQ !o -g T3 5 3 «I"gJ! =0° E so •• o w m § o >», I en-« c ™ E SSal- »-l^?-§ s . s g|°rj^^j JC =w o E£ S 5 "85jj; <a 58.[0 0) o *~" oi r*3 January 2003 California Stormwater BMP Handbook Construction www. cabmphanobooks.com 7 of 8 -1 Silt Fence S. =!2 < —535JS 8 of 8 California Stormwater BMP Handbook Construction www.cabmphandbooks.com January 2003 Hydraulic Mulch EC-3 Description and Purpose Hydraulic mulch consists of applying a mixture of shredded wood fiber or a hydraulic matrix, and a stabilizing emulsion or tackifier with hydro-mulching equipment, which temporarily protects exposed soil from erosion by raindrop impact or wind Suitable Applications Hydraulic mulch is suitable for soil disturbed areas requiring temporary protection until permanent stabilization is established, and disturbed areas that will be re-disturbed following an extended period of inactivity. Limitations Wood fiber hydraulic mulches are generally short lived and need 24 hours to dry before rainfall occurs to be effective. May require a second application in order to remain effective for an entire rainy season. Implementation • Prior to application, roughen embankment and fill areas by rolling with a crimping or punching type roller or by track walking. Track walking shall only be used where other methods are impractical. • To be effective, hydraulic matrices require 24 hours to dry before rainfall occurs. • Avoid mulch over spray onto roads, sidewalks, drainage channels, existing vegetation, etc. Objectives EC SE TR WE NS WM Erosion Control Sediment Control Tracking Control Wind Erosion Control Non-Stormwater Management Control Waste Management and Materials Pollution Control m Legend: EJ Primary Objective H Secondary Objective Targeted Constituents Sediment E Nutrients Trash Metals Bacteria Oil and Grease Organic s Potential Alternatives EC-4 Hydroseeding EC-5 Soil Binders EC-6 Straw Mulch EC-7 Geotextiles and Mats EC-8 Wood Mulching January 2003 California Stormwater BMP Handbook Construction www. cabmphandbooks.com 1 of 3 EC-3 Hydraulic Mulch • P aper b ased hydraulic mulches alone shall not be used for erosion control. Hydraulic Mulches Wood fiber mulch can be applied alone or as a component of hydraulic matrices. Wood fiber applied alone is typically applied at the rate of 2,000 to 4,000 Ib/acre. Wood fiber mulch is manufactured from wood or wood waste from lumber mills or from urban sources. Hydraulic Matrices Hydraulic matrices include a mixture of wood fiber and acrylic polymer or other tackifier as binder. Apply as a liquid slurry using a hydraulic application machine (i.e., hydro seeder) at the following minimum rates, or as specified by the manufacturer to achieve complete coverage of the target area: 2,000 to 4,000 Ib/acre wood fiber mulch, and 5 to 10% (by weight) of tackifier (acrylic copolymer, guar, psyllium, etc.) Bonded Fiber Matrix Bonded fiber matrix (BFM) is a hydraulically applied system of fibers and adhesives that upon drying forms an erosion resistant blanket that promotes vegetation, and prevents soil erosion. BFMs are typically applied at rates from 3,000 Ib/acre to 4,000 Ib/acre based on the manufacturer's recommendation. A biodegradable BFM is composed of materials that are 100% biodegradable. The binder in the BFM should also be biodegradable and should not dissolve or disperse upon re-wetting. Typically, biodegradable BFMs should not be applied immediately before, during or immediately after rainfall if the soil is saturated. Depending on the product, BFMs typically require 12 to 24 hours to dry and become effective. Costs Average cost for installation of wood fiber mulch is $9OO/acre. Average cost for installation of BFM is $5,5OO/acre. Inspection and Maintenance • Inspect BMPs prior to forecast rain, daily during extended rain events, after rain events, weekly during the rainy season, and at two-week intervals during the non-rainy season. • Areas where erosion is evident shall be repaired and BMPs re-applied as soon as possible. Care should be exercised to minimize the damage to protected areas while making repairs, as any area damaged will require re-application of BMPs. • Maintain an unbroken, temporary mulched ground cover throughout the period of construction when the soils are not being reworked. References Controlling Erosion of Construction Sites Agricultural Information #347, U.S. Department of Agriculture (US DA), Natural Resources Conservation Service (NRCS) (formerly Soil Conservation Service - SCS). Guides for Erosion and Sediment Control in California, USDA Soils Conservation Service, January 1991. Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area Governments, May 1995. 2 of 3 California Stormwater BMP Handbook January 2003 Construction www.cabmphandbooks.com Hydraulic Mulch EC-3 Sedimentation and Erosion Control, An Inventory of Current Practices Draft, US EPA, April 1990. Soil Erosion by Water, Agriculture Information Bulletin #513, U.S. Department of Agriculture, Soil Conservation Service. Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Guidance Document: Soil Stabilization for Temporary Slopes, State of California Department of Transportation (Caltrans), November 1999 Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75, Washington State Department of Ecology, February 1992. Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of Management Practices, Tahoe Regional Planning Agency, November 1988. January 2003 California Stormwater BMP Handbook 3 of 3 Construction www.cabmphandbooks.com APPENDIX "D" CATEGORICAL EXEMPTION FROM PLANNING DEPARTMENT RECEIVED Jill 06 200? ENGINEERING DEPARTMENT TO: ASSOCIATE ENGINEER SHERRI HOWARD FROM: ASSOCIATE PLANNER RAM DREW f? DATE: JULYS, 2007 SUBJECT: EA 07-07 - REVIEW OF THE REMOVAL OF THE PAJAMA DRIVE FACILITY The Planning Department has reviewed the above Early Consultation proposal to remove the existing surge tank, control building and ancillary structures on the city's property located at 3955 Pajama Drive, in the City of Oceanside. This project is exempt from environmental review per CEQA Guidelines Section 15268 - Ministerial Projects. However, even though this project does not need a demolition permit from the City of Oceanside, the contractor still needs to comply with all local, state and federal laws requiring the safe removal of material(s) that is considered hazardous. In this case, it has been determined by testing the material that there is asbestos and lead-based paint on the structures. Section 19827.5 of California Health and Safety Code (attached) requires the applicant/contractor to notify the United States Environmental Protection Agency (EPA), or another designated state agency, or both, that the structure(s) that will be demolished contains asbestos. Please make a copy of all correspondence you send or receive from the EPA, or any other agency, and forward it to me so I can include it in the file. For your information, prior to selling the property the city must comply with California Government Code Section 65402(b) (attached), which requires the City of Oceanside to make a finding of General Plan Consistency. If you have any questions, please contact me at 602-4644. Pam Drew PD:bd c: Don Neu Chris DeCerbo File Attachments