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HomeMy WebLinkAboutTB Penick & Sons Inc; 2004-06-15;1 ;ia RECORDING REQUESTED BY A CITY OF CARLSBAD 2/8/05 AB 17,968 Item No. 1 When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. i Carlsbad. CA 92008 DOC # 2005-01 57655 ! llllllll ill 111ll lllll IIIII 11111 11111 111ll Ill11 11111 Ill11 11111 1111 1111 FEB 25,2005 3:07 PM O FFlClAL RE CORDS GREGORY J SMITH, COUNTY RECORDER FEES 0 00 VAG E S 1 '54N DlEGO COUNTY RECORDER'S OFFICE I 11111 Ill11 Hlll MI11 11111 Rlll Ill1 Ill11 11111 1111 11111 Illll Ill11 1111 111 1111 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 City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on September 9, 2004. 6. The name of the contractor for such work of improvement is TB Penick & Sons. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Jefferson Street Sidewalk Project, Project No. 3883. CITY OF CARLSBAD v GLENN PRUlM Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, ,2005, accepted the California, 92008. The City Council of said City on February 8 above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 9 , 2005, at Carlsbad, California. CITY OF CARLSBAD LORRAINE M. City Clerk CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR SIDEWALK IMPROVEMENT PROJECT ON JEFFERSON STREET PWS04-22ENG CONTRACT NO. 3883-1 @ Revised: 10/08/03 Contract No. 3883-1 Page 1 of 106 Pages . . TABLE OF CONTENTS Item Paae Notice Inviting Bids .......................................................................................................................... 7 . Contractor‘s Proposal ................................................................................................................... 11 Bid Security Form .......................................................................................................................... 25 Bidder’s Bond to Accompany Proposal ........................................................................................ 26 Guidelines for Completing The “Designation Of Subcontractors” Form ...................................... 28 Designation Of Subcontractors & Amount Of Subcontractor’s Bid Items .................................... 30 Bidder’s Statement Of Financial Responsibility ............................................................................ 31 Bidder’s Statement Of Technical Ability And Experience ............................................................. 32 Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability Automotive Liability And Workers’ Compensation ........................................................................................... 33 Bidder’s Statement Of Re-Debarment ........................................................................................... Bidder’s Disclosure Of Discipline Record ..................................................................................... 35 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 37 Contract Public Works ............... 1 .................................................................................................. 38 Labor And Materials Bond ............................................................................................................ 44 Faithful PerformanceMlarranty Bond ........................................................................................... 46 Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .................................... 48 Revised: 10/08/03 Contract No . 3883-1 Page 2 of 106 Pages SUPPLEMENTAL PROVISIONS . Part 1 Section 1 1-1 1 -2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-3 3-4 3-5 Section 4 4- 1 4-2 Section 5 5- 1 5-4 5-6 Section 6 6- 1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9- 1 9-3 General Provisions Terms Definitions. Abbreviations And Symbols Terms .................................................................................................................... 51 Definitions ............................................................................................................. 51 Abbreviations ........................................................................................................ 52 Scope And Control Of The Work Subcontracts ......................................................................................................... 53 Contract Bonds ..................................................................................................... 53 Plans And Specifications ...................................................................................... 54 S u rve yi n g .............................................................................................................. 57 Authority Of Engineer ............................................................................................ 60 Changes In Work Extra Work ............................................................................................................ 61 Changed Conditions ............................................................................................. 61 Disputed Work ...................................................................................................... 62 Control Of Materials Materials And Workmanship ................................................................................. 64 Materials Transportation, Handling And Storage ................................................. 65 .. Utilities ................................................................................................................... 66 Location ................................................................................................................. 66 Relocation ............................................................................................................. 66 Cooperation ........................................................................................................... 66 Prosecution. Progress And Acceptance Of The Work ......................................... 66 Construction Schedule And Commencement Of Work ........................................ 66 Prosecution Of Work ............................................................................................. 67 Delays And Extensions Of Time ........................................................................... 68 Completion And Acceptance ................................................................................ 69 Liquidated Damages ............................................................................................. 69 Time of Completion ............................................................................................... 68 Responsibilities Of The Contractor ....................................................................... 69 Liability Insurance ................................................................................................. 69 Workers’ Compensation Insurance ...................................................................... 69 Permits .................................................................................................................. 69 Cooperation and Collateral Work ......................................................................... 70 Public Convenience And Safety ........................................................................... 70 Laws To Be Observed .......................................................................................... 74 Project Site Maintenance ...................................................................................... 70 Measurement & Payment Measurement Of Quantities For Unit Price Work ................................................. 75 Payment ................................................................................................................ 75 a Revised: 10/08/03 Contract No . 3883-1 Page 3 of 106 Pages Part 2 Construction Materials Section 200 Rock Materials 200-2 ,- Untreated Base Materials .................................................. . ................. ...... ........... 77 Section 201 201 -1 Concrete, Mortar And Related Materials .............................................................. 78 Portland Cement Concrete ................................................................................... 78 Section 203 Bituminous Materials 203-6 Asphalt Concrete .................................................................................................. 78 Section 204 204-1 Lumber And Treatment With Preservatives Lumber And Plywood ............................................................................................ 79 Section 206 Miscellaneous Metal Items 206-7 206-8 206-9 Traffic Signs ........... ..... ..... .............. ............. ............... ............ . ..... ... ... .. ..... . ...... . .... 80 Light Gage Steel Tubing And Connectors ............................................................ 82 Portable Changeable Message Sign .................................................................... 83 Section 209 209-1 General ................................................................................................................... 84 Signals, Lighting And Electrical Systems Section 21 0 210-1 Paint ...................................................................................................................... 84 Paint And Protective Coatings I Section 21 2 Landscape and Irrigation Materials 21 2-1 Landscape Materials ........ ............ ................ ... . .. ... ... .. .. ........... .. ... .. .... ... .. .. ............ 84 Section 21 3 Engineering Fabrics 21 3-3 Erosion Control Specialties ...... . ..... . . . ... .. . ........... .... .. .... . .......... .... ........... ... . .......... .84 Section 21 4 Pavement Markers 21 4-5 Reflective Pavement Markers ............................................................................... 85 a Revised: 10/08/03 Contract No. 3883-1 Page 4 of 106 Pages Part 3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing ......................................................................................... 86 300-2 Unclassified Excavation ........................................................................................ 87 300-4 Unclassified Fill ..................................................................................................... 88 300-1 2 Storm Water Pollution Prevention Plan ................................................................ 88 .- Section 301 301 -1 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation ........................................................................................... 91 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ..................................................................... . ........... 92 Section 303 Concrete and Masonry Construction 303-1 Concrete Structures .............................................................................................. 93 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ............................................................................ 93 Section 304 304-3 Metal Fabrication And Construction Chain Link Fence .................................................................................................. 94 Section 306 Underground Conduit Construction 306-1 306-5 Open Trench Operations ......... . ............................................................................. 94 Abandonment Of Conduits And Structures .......................................................... 97 Revised: 10/08/03 Contract No. 3883-1 Page 5 of 106 Pages Section 31 0 31 0-5 31 0-7 c Section 312 31 2-1 Section 31 3 31 3-1 31 3-2 31 3-3 Painting Painting Various Surfaces .................................................................................... 97 Permanent Signing ............................................................................................... 98 Pavement Marker Placement And Removal Placement ............................................................................................................. 99 Temporary Traffic Control Devices Temporary Traffic Pavement Markers .................................................................. 99 Temporary Traffic Signing .................................................................................. 100 Temporary Railing (Type K) and Crash Cushions .............................................. 100 APPENDICES A. Resident Notification Example (in English and Spanish) B. Storm Water Pollution Prevention Plan C. Coastal Development Permit, CDP 02-1 1 D. Underground Utility Requirements - E. Pavement Recommendations (Ninyo and Moore, July 17,2002) INFORMATION FOR CONTRACTOR A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST PHONE (760) 602-2460 B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS SUBMIT VIA FAX TO: ASSOCIATE ENGINEER, SHERRI HOWARD FAX NO. (760) 602-8562 Revised: 10/08/03 Contract No. 3883-1 Page 6 of 106 Pages CITY OF CARLSBAD NOTICE INVITING BIDS Sealed bids shall be deposited in the Bid Box located in the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:OO p.m. on the 24’h day of March, 2004, at which time they will be opened and read, for performing the work as follows: Construction of concrete curb, gutter, sidewalk, driveways, pedestrian ramps, asphalt concrete pavement and related work and undergrounding of overhead crossings to perform road widening and construct sidewalks and replace driveways on the west side of Jefferson Street between Carol Place and Magnolia Avenue. The project includes traffic control and the preparation, implementation, and maintenance of a storm water pollution and prevention plan (SWPPP). SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction 12003 Edition and sumlements thereto), all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. - The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. @ Revised 10/08/03 Contract No. 3881-1 Page 7 of 106 Pages ,- The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability and 8. Acknowledgment of Addendum@) Responsibility Experience 9. 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. 10.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 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 $336,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall - be invalidated by the failure to the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases, the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non- refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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 neither addition to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad nor may any bidder rely directions given by any agent, employee of contractor of the City of Carlsbad except as hereinbefore specified. Revised 10/08/03 Contract No. 3881-1 Page 8 of 106 Pages /- 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 City'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. The project includes a traffic control plan for Jefferson Street North. The Contractor is responsible for preparing and obtaining City approval of a traffic control plan for Jefferson Street South. The project includes undergrounding of overhead utilities between Carol Place and Magnolia. The project includes construction of a cross-gutter. Construction of the cross-gutter shall occur on a Saturday when traffic volumes are lower. All palm trees north of Tamarack Avenue may be removed prior to start of work for the project. Should palm trees be removed prior to start of work, contract will be revised through Addendum or Change Order to remove Bid Item 1-2a. 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. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,000. 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). ($1 0,000,000. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be \ accompanied by the following documents: Revised 10108103 e Contract No. 3881-1 Page 9 of 106 Pages 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. r The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. Bidders inquiries are to be faxed to Sherri Howard at (760) 602-8562. Written responses will be provided to all bidders by addendum. Bidders inquiries will be accepted until Friday, March 19, 2004 at 4:OO p.m. Approved by the City Council of the City of Carlsbad, California, the Resolution No. 2004-028 adopted on the 20th day of January, 2004. A ISABELLE PAULSEN, Deputy City Clerk PUBLISH: February 5, 2004 - a Revised 10/08/03 Contract No. 3881-1 Page 10 of 106 Pages I City of Carlsbad February 23,2004 ADDENDUM NO. 1 RE: SIDEWALK IMPROVEMENTS ON JEFFERSON STREET, CONTRACT NO. 30034 Please include the attached addendum in the Notice to BidderiRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:dli Attach men t I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I Biddewgnature c> 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 - FAX (760) 602-8553 www.ci.carlsbad.ca.us Business License (760) 602-2495 Utility Billing (760) 602-2420 - < Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 7606028663 FINANCE DEPT CITY OF CARLSBAD 01:54:01 p.m. 03-23-2004 1 12 - City of, Carlsbad March 18,2004 ADDENDUM NO. 2 RE: SIDEWALK IMPROVEMENTS ON JEFFERSON STREET, CONTRACT NO. 3883-1 Please include the attached addendum in the Notice to Bidder/Request for Bid$ you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. ----- .a KEVIN DAVIS Buyer KD:dli Attachment *. I ACKNOWLEDQE RECEIPT OF ADDENDUM NO. 2 .--- ...--- 1635 Faraday Avenue Carlsbad. CA 92008-731 4 - (760) 602-2430 - FAX (760) 602-8553 www.ci.carlsbad.ca.us - f3usiness License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 CITY OF CARLSBAD I SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1635 Faraday Avenue Carisbad, California 92008-731 4 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3883-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE 1 - STREET IMPROVEMENTS JEFFERSON STREET Item - No. Approximate Quantity and - Unit . Unit 7 Price - Total UtL I2u - 1-1 Mobilization at 1 LS %!,\% 1-2 Demolition/Clearing and Grubbing 1 LS (including, but not limited to, AC driveways and sidewalks, PCC driveways, sidewalks, pedestrian ramps and cross gutters, wood fences, AC berm and pavement (includes sawcut), unsuitable subgrade removal if necessary, shrubs, wood headers, and vegetation, and remove and salvage chainlink fence and gates and traffic signs) at e,alt& M4rh.rC.E SPnm I LALd s;+k dc& Dollars (Lump Sum) ' Revised: 10/08/03 Contract No. 3883-1 Page 11 of 106 Pages .. c Ec ,- - No. 1 -2a 1-3 1-4 1-5 1-6 1-7 1-8 Approximate DescriDtion Quantity and - Unit Removal and'disposal of palm trees at 1 LS Unit ' - Price Total LL Dollars (Lump Sum) Construct Curb and Gutter per SDRSD G-2 at 505 LF z0.5z p,3bt @ bQmL dJ..s ccu( GS-L La I1 c*Y,a Dollars per Linear Foot q.sJ \q,z\t .os Construct PCC Sidewalk per SDRSD G-7 3,118 SF (includes transitional grading) at 1.w Ail6 4 GtL \a Cswk Dollars per Square Foot $j55.d* Construct Ped Ramp (per SDRSD G-27 Type 1 EA B modified per plans) at $55-00 luwltd 61" &it &I\- Dollars Each 0%': \ os5 Construct Ped Ramp (per detail C sheet 2) at 1 EA \. I I Construct PCC Driveway Apron per SDRSD 2,509 SF G14-A (ramp slopes vary, includes ramp, side wings, drive to PL and curb and gutter) at LJ d 0th -4 .ckGtV P cc v\ ks Dollars per Square Foot Construct PCC Driveway (private driveway 930 SF behind ROW at 371 5 and 3725 Jefferson) (5-112 inch thick) at c3,m +s Dollars per Square Foot 91 e Revised: 10/08/03 ' Contract No. 3883-1 Page 12 of 106 Pages R I' bi P, a It F E: I rc t t t i f I F 1- f f Approximate No. DescriDtion Quantity and Unit - Unit - Price 1-9 Construct PCG Cross-gutter per SDRSD 518 SF 6-12 modified by City of Carlsbad, (7-1/2 inch thick) smooth trowel flow line. Concrete shall be high-early strength and attain a 6-hour compressive strength of 2,500 psi at si3 4dk QJ 444 - Total Jwcr Cwk Dollars per Square Foot 1-10 Construct Class It Aggregate Base (6") at 442 Ton 3% 4 * n , G3S.p &<i \Y\- &\\M CI-J biwk C.c-k Dollars per'Ton 1-1 1 Construct AC Pavement (4") at 5i~k-4 dull- M4-W cur\ fs Dollars pei Ton 1-1 2 Traffic Control at 1 LS t\ ,w \\ ,w 4u-t- Lv b"& &\L&. Dollars (lump sum) 1-13 Signing and Striping at 1 LS z ,a5 2.p &4aA kcc, &a do\lw5 Dollars (lump sum) 22.S" < 5\zt.q~ 1-14 Replace Salvaged Chainlink Fences along 233 LF Wc~by two ddl& Qq,G ROW at -r ci4 h Dollars per Linear Foot 1-15 Install Wood Fences along ROW at 54 LF 51 20 3 OI~,O~ I cA.J hVCV- Dollars per Linear Foot (0 oqi, VG I 1-16 Sod within ROW at 4405 SF 2.M 4lm Ad\\o.I Luz*A-ty Sh4.L c 4.4 Dollar$ per Square Foot @ Revised: 10/08/03 Contract No. 3883-1 Page 13 of 106 Paaes @ I- i t K E c I[ t E I I Ip I' I It I '- I a c Item _. No. 1-17 1-18 1-19 1-20 1-21 1-22 1-23 1-24 Approximate DescriDtion Quantity and Install in-kind vegetation at 1 <w!4n . %d Lw Ldd km abk Dollars (lump sum) Grading and landscaping at 371 5 Jefferson St 1 at si+ *O&~,J L LvvuLrA <Q.U hA dallovs Dollars (lum'p sum) Grading and landscaping at 3725 Jefferson St 1 at %-#+ %-dwlJ 44 L"JJ 5 P J cvl kl Ad (I ~3 Dollars (lumd sum) Preparation, implementation and maintenance 1 of SWPPP for Jefferson Street North and South at hu4eeh LA &P LWdd la/I44 Dollars (lump sum) Install Sewer cleanouts at 11 tL-4 b- Dollars (each) Erosion control as required by the Engineer for Jefferson Street North and South per Section 3-3 of the SSPWC at five thousand dollars Five thousand Dollars (lump sum) 1 - unit LS LS LS LS EA LS Install temporary orange safety fence 326 LF alon right-of-way at +Lete dol/- a-4 4," 47 u (vmk Dollars per Linear Foot Install temporary green mesh inside 146 LF relocat d chain link fence at &f(Y si$ CCh 4.5 Dollars per Lineal Foot Revised: 1008/03 Contract No. 3883-1 Unit - Price - Total q.3Ys.0° $5,000 .OO $5,000.00 3.CCL Page 14 of 106 Pages .- 'tern 7 No. DescriDtion .Approximate Quantity and Unit Unit - Price %s- \%.6% 1-25 Install temporary chain link fence with 43 LF k$4* - 5- r+ ~euzfS Dollars per Lineal Foot Total amount of bid for Schedule 1 in words: -I@ hct~d e@lcr rk Fh" TbkW XJO \lUdn4 7vpTh aqe dOrrr2 Ilrlnrcl Tu/ a rc/r{-5 Total amount of bid for Schedule 1 in numbers: $ ?-?I ;23\ -qL Price(s) given above are firm for 90 days after date of bid opening and do comprise the Contract Unit Prices for the Work. @ Revised: 10/08/03 Contract No. 3883-1. Page 15 of 106 Pages Item 7 No. 2-1 2-2 2-3 SCHEDULE 2 -WATER IMPROVEMENTS JEFFERSON STREET Approximate bescrbtion Quantity and Remove existing Fire Hydrant and Install New Fire Hydrant and lateral at 1 &"c, -LU * 4 u,* Lurkad JsvVk4-u kllM Dollars (lump sum) ' Relocate Fire Hydrant and extend lateral at SSJ* hi Vnc I a\dd ti4hC4 Bol(tys Dollars (lump sum') Raise water valve cans to grade 4 dcuo A"JJ qi4hh/ dd i( wcs Dollars Each I - unit LS LS EA Unit - Price i1.970 7,980 Total amount of bid for Schedule 2 in words: +Wedl r **e %4hJ h:NL , o'lok Total amount of bid for Schedule 2 in numbers: $t Price@) given above are firm for 90 days after date of bid opening and do comprise the Contract Unit Prices for the Work. It- i - @ Revised: 10/08/03 Contract No. 3883-1 Page 16 of 106 Pages .- Item No. 3-1 3-2 3-3 3-4 3-5 3-6 SCHEDULE 3 - ELECTRIC, CABLE AND TELEPHONE IMPROVEMENTS JEFFERSON STREET Descrbtion Approximate Quantity and - Unit Unit - Price Demolition/Clearing and Grubbing for Joint Utility Trench outside of ROW (including but not limited to, removal and disposal of sidewalk, wood fence, shrubs and vegetation and removal and salvage of chainlink fence) at 1 ?\n. .c Q 4UbJ v\3iLc z ----- Dollars (lump sum) ' Remove and dispose of poles and 11 pedestals at TL~TW-A TWO 4~rd Q~G~G A w-3 Dollars Each Joint trench and conduit (including, and not limited to, all trenching sawcut, remove and dispose AC, excavation, backfill, furnish and install conduit, mandrelling, installing pull ropes, traffic control, remove and dispose of asphalt, concrete, vegetation, spoils, subsurface preparation) at .pkwyc8fi T~AJ gnu wbed 1 Dollars (Lump Sum) Replace sidewalk (removed for utility trenching) at 66 CQ *h Dollars per Square Foot Replace salvaged chainlink fence 40 (removed for utility trenching) at .c*h I Lfo &\m4 a4 e~\i b t v rscnh Dollars per Lidar Fdot Install wood fence (removed for utility trenching) at 40 w\ Jevcc &\\Q~s Dollars per Linear Foot LS LF 2.236 @ Revised: 10/08/03 Contract No. 3883-1 Page 17 of I06 Pages I_ . - E t e I I, I t t I f 1 r I- ! t I tern - No. 3-7 3-8 DescnDtion Approximate Quantity and - Unit Unit ' - Prim Install in-kind vegetation at 1 LS Z,%W 4-w~ L5-d hd 6% d ell* Dollars'(lump sum) Trench Resurfacing (9-inch asphaltic 92 LF concrefe on native) in roadway at $.eu c&e eh dol\LVs Id tent( Dollars per linear foot Total amount of bid for Schedule 3 in words: fin! F04r 7hdW-d Fh'e h&cd qpPrh 5ev-P &\t(rs 5;''/f@ cpA75 Total amount of bid for Schedule 3 in numbers: $ '5 ; 537 - Revised: 10/08/03 Contract No. 3883-1 Page 18 of 106 Pages SCHEDULE 4 - STREET IMPROVEMENTS JEFFERSON STREET SOUTH Item Approximate Unit No. ' Descriotion Quantity and price - Unit 4-1 Mobilization at 1 LS 11 ,w 'T-~tj TWQ ULd Q jqcr t-k+rCJ Dollars (lump sum) 4-2 Demolition/Clearing and Grubbing (including, but not limited to, removal and disposal of driveways and sidewalks, pedestrian ramps and cross gutters, wood fences, unsuitable subgrade removal if necessary, and vegetation, traffic signs and other items required to construct the proposed improvements) at rQW 7- 44 ~lrrce ~(lrdrrd ;Gt,rt, Dollars (lump sum) 1 LS M ,3w 4-3 Construct Curb and Gutter per SDRSD G-2 at 400 LF zo -52. 7-kleAn, 68 0lb5 FfprG T Jd Le175 Dollars per Linear Foot 4-4 Construct PCC Sidewalk per SDRSD 'G-7 (includes transitional grading) at 1,790 SF q .5b $ ,\ GZ -q0 'Yr & llW% FiFfC, $;% Ct%;? Dollars per Square Foot 4-5 Construct Ped Ramp (per detail B sheet 2) ,at a Revised: 10/08/03 Contract No. 3883-1 Pane 19 of 106 Panes Item No. 4-6 4-7 4-8 4-9 4-1 0 4-1 1 4-1 2 DeSCriDtiOn Approximate Quantity and g!&t Construct PCC Driveway Apron per SDRSD G14-A (ramp slopes vary, includes ramp, side wings, drive to PL and curb and gutter) at l4- 5 330 fie. )4cA.4rd tvmeeo ,I DO^ Dollars per Square Foot Construct PCC Driveway (private driveway) 5-1/2 inch thick at 440 Give ~oilo\pL; T h ifiy4tq CQA T 5 Dollars per Square Foot Dollars per Ton Dollars per Ton Traffic Control at 1 SF SF Ton Ton LS Dollars (Lump Sum) Signing and Striping at 1 LS Pi4 h'J' 4tn)zec\ SN4 F:;CQ br I 4/\5 Dollars (Lump Sum) Install In-Kind Vegetation and Relocate 1 LS Trees at OhC T(IC9QCd +\lee r\bd.ed Vq Dorq Dollars (Lump Sum) Unit - Price 5.c 3 z ,257 :zo e Revised: 10/08/03 Contract No. 3883-1 Page 20 of 106 Pages Item Approximate Unit - No. DescriDtion Quantity and - Unit - Price 4-14 Relocate Existing Water Meter at 5 EA q\t,oo 4,5bo. Dollars Each Dollars Each 4-1 6 Relocate' Palm Tree at Dollars Each Total amount of bid for Schedule 4 in words: OW ha .$ KmL 3 4% 5t44m +L~,keln doll- 4-4 5 i& cevlk. Total amount of bid for Schedule 4 in numbers: $ \ Oq, 76' bo Total amount of bid for Schedules 1 I 2,3, and 4 in words: &KM b*)ld %kky *b fn.t L"Jm.4 SZA !4 +Lv, dJl% c\h cl Cwe\ve ctw c1 Total amount of bid for Schedules 1 , 2,3, and 4 in numbers: $ %b ! 5% = 11 The basis of award will be the sum of Schedule "1 ", Schedule "2", Schedule "3", and Schedule "4". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). \ proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. hadhave been received and idare included in this OPENED, WITNESSED AND RECORDED: a Revised: 10/08/03 Contract No. 3883-1 3iilA* DATE ' SIGNATURE Page 21 of 106 Pages I The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number ' \ B538 \ , classification R .C%.LZl h\l$"hhich expires on an affidah. ' 5/31 I 04 , and that this statement is true a%cdrre&t aid has the legal effect of A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 101 64. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer, agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted hidher 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. Cashier's Check) for ten percent (1 0%) of the amount bid. Accompanying this proposal is q3,05? (Cash, Certified Check, 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: 10/08/03 Contract No. 3883-1 Page 22 of 106 Pages License Detail California Home Page 1 of 3 Thursdav. March 25.2004 License Detail Contractor License # 185381 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&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071 .I 7, only construction related civil judgments known 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: 03/25/2004 * * * Business Information * * * T B PENICK & SONS INC 9747 OLSON DR SAN DIEGO, CA 92121 Business Phone Number: (858) 558-1 800 Entity: Corporation Issue Date: 07/28/1959 Expire Date: 05/31/2004 * * * License Status * * * I This license is current and active. All information below should be reviewed. * * * Classifications * * * 3/25/2004 License Detail IA I IC-81 Page 2 of 3 GENERAL ENGINEERING CONTRACTOR CONCRETE ilclasslr ~ Descriotion II PI; - ___ IliGENERAL BUILDING CONTRACTOR il Description mltASBESTOS - (for bidding purposes only) 11~27 LANDSCAPING * * * Certifications * * * * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 1221717 in the amount of $10,000 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 01/01/2004 Contractor's Bondincl History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) MARC EDWARD PENICK certified that he/she owns 10 percent or more of the voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 02/09/2000 BQl's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: WC7165818 Effective Date: 09/01/2003 Expire Date: 09/01/2004 Workers Compensation History - Personnel listed on this license (current or disassociated) are listed http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 3/25/2004 /- License Detail on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Reauest Salesoerson Name Re Salesperson Request Q 2003 State of California. Conditions of Use Privacy Policy http://www2 .cslb.c a.gov/CSLB-LIBRARY/License+Detail. asp Page 3 of 3 3/25/2004 Personnel List Page 1 of 1 Personnel List Contractor License # 185381 Click on the person's nam Name THOMAS MICHAEL SAMMONS MARC EDWARD PENICK THOMAS LLOYD PENICK TIMOTHY JOHN PENICK WAYNE RONALD MYERS LLOYD T DECEASED PENICK JOHN THOMAS BOYD to see CALIFORNIA CONTRACTORS STATE LICENSE BOARD more detailed page of information on that person. Association Date Title 05/08/1990 VICE PRESIDENT RMO/E 11/01/1983 RMO/P 07/28/1959 OFFICER 05/08/1990 07/28/1959 VICE PRESIDENT CH/E 07/28/1959 OFFICER 05/28/2003 Disassociation More Date 'lass Class 04/08/2002 B More 02/09/2000 C-8 More 04/08/2002 05/17/1979 Contractor Name Personnel Name License Number Request Request Request Salesuerson Name Salesperson Request Re Q 2003 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum= 18538 1 3/25/2004 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 (Street and Number) (4) Zip Code Telephone No. 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 (Street and Number) City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted % ?ew\Lk \ 5D v6 91Yl obt\ Q v. ‘&VI CA qZ\tl Impress Corporate Seal here a Revised: 10/08/03 Contract No. 3883-1 Page 23 of 106 Pages s- 6 t*-m VL- ;3) incorporated under the laws of the State of clx\ (4) Ptace of Business O\b* P Y. City and State 5 v1 b<\PrnO . Lh q7,\t1 (5) zip Code Q2\ I( Telephone No. (-8%) -1 so0 (Street and Number) NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Contract No. 3883-1 Page 24 of 106 Pages BID SECURITY FORM SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) 1 I Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF D CARLSBAD, in the sum of LI+Y AL w by (we *r dd Il6A dollars ($ qx 053 >I this amount being ten percent (10%) of the total amount of the bid. The proceeds df this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. *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: 10/08/03 Contract No. 3883-1 Page 25 of 106 Pages ~ ~~~~ .I BIDDER'S BOND TO ACCOMPANY PROPOSAL SIDEWALK IMPROVEMENT8 ON JEFFERSON STREET' CONTRACT NO, 3883-1 KNOW ALL PERSONS BY THESE PR€SE:NfS: as Surety are held and firmly bound unto the dity of Carlsbad, California, in an amount as follow: (must be at least ten peroent (10%) of the bid arnount)lo% OF for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, Jointly and severatly, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 8883.1 Thatwe,T.B. Pmm & SONS, INc. Principal, and LIBERTY INSWCE PMPAl?Y AMXJNT *ID In the City of Carlsbad, is accepted by the City Counoil, and If the Principal shall duly enter Into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the Cii 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 sald City. A .... .... ... t .... .... .... ,... .... .... .... 6 'Revised: 10108/03 Contract No. 3883-1 ~ ~ -~ Pap 28 of 106 Pages In tho event Principal executed thk bond as an individual, it is agreed that the death of Principal shall not exonerate the Sum from Its Wigation8 under this bond. Exmuted by PRINCIPAL this ~. , .22nd day Executed by SURETY this 22nd day of of MARCH ,209k. MARCH J 20 04 __. PRINCIPAL: SURETY. LIBERTY MUTUAL INSURANCE T.B. PENICR & SON$, INC. (me of Surety) 505 S. EIBIN STREET, SUITE 830 ORBNGE, CA 92868 (address of Surety) By: JQQ q&!QZ (714) 542-9479 (print name here) AMERICA SAN MARTIN, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (A+ch oorporat0 resolution showing currefit power of attorney.) I (title arid organlzation of signatory) (Proper notarial acknowledge of execution by PRlNClPAL and SURElY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant seoretary under corporate sed empowering that officer to bind the corporation,) (If signed by an individual partner, the partnership must attach a statement of partnership authorizlnd the partner to execute this Instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By; Peputy City Attorney \ Revisad: 10/08/03 Contraot No. 3883-1 Page 27 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -I } ss. State of California County of SAN DIEGO On 3-22-04 before me, MARIA v. DRIPPS. NOTARY PUBLIC , personally appeared AMERICA SAN MARTIN Date Name and Vtle of Officer (e.g.. “Jane Doe. Notary Public”) Name@) of Signer(s) B personally known to me 0 proved to me on the basis of satisfactory evidence to be the person($ whose name@ is/= subscribed to the within instrument and acknowledged to me thatmshem executed the same in lWher/i€EE authorized capacity(ies), and that by XEilherDtElf signatureo on the instrument the person($, or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. 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@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(@: 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatworth. CA 91313-2402 - w.nationalnotaiy.org Prod. No. 5907 Reordet: Call Toll-Free 1-800-8764827 1427552 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY POWER OF ATTORNEY zc BOSTON, MASSACHUSETTS KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the %ompany"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BART B. STEWART, DAVID L. WALKER, JACK T. WARNOCK, VALERIE M. PEARCE, LmCIA SAN MARTIN, JAMES BALDASSARE, JR., LAWRENCE F. MCMAHON, AMEFHCA SAN MARTIN, CHRISTINE A. PATERSON, ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA ................................................................................................................... , each individuallv if there be more than one named, its true and lawful attornev-in-fact to make, execute, seal, acknowledae and deliver. for and on its behalf as sure and as its act and deed, any and all undertakings, bonds, recognizances and other surety obli f!22s in tie penal sum not exceeding FIW MILLI~N AND oonoo***************** ) each, and the DOLLARS ($ ~,MH),o~~.o8 execution of such undertakings, bonds, recognizances and other surety Company as if they had been duly signed by the president and attested by t That this power is made and executed pursuant to and by au ns, in pursuance of these presents, shall be as binding upon the tary of the Company in their own proper persons. I of the following By-law and Autho ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. & 8 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: sal q Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby +" L authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. .- m 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of Ea 61 9 2004. 5 Januarv LIBERTY MUTUAL INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY 22 , 2004 , before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknowledged that he is an Assistant Secreta;?f Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above rate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. CERTIFICATE I, the undersigned, As is a full, true and correct copy, is in full force and effect on the date of thts certificate; and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wheraver appearing irpon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and bmclifig upm the company with the same force and effect as though manually affixed. day of rc 'IN T-Y WHEREO5&e hereunto subscribed my name and affixed the corporate seal of the said company, this 22nd A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - } SS. State of California County of before me, Name and Title of Mficer (e g , ”Jane Doe, Notaly PubW On personally appeared Hersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name(k$is/a\ subscribed to the within instrumen and acknowledged to me that he/shq/tlhy executed the sa e in his/Hay/tt&r authorized capacity(% and that by his/hq/tt?8i.r signaturewon the instrument the personwor the entity upon behalf of which the person% acted, executed the instrument. WITNE- hand and official seal. Signature of Notary Public k .I Signature of Notary Public W 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 Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 3 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: - Prod No 5907 Reorder: Call Toll-Free 1-600-876-6827 0 1999 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 - Chalsworth, CA91313-2402 * w.nationalnotary.org MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF T.B. PENICK & SONS, INC. A CALIFORNIA CORPORATION AUTHORIZATION OF JOE VALDEZ AS A BINDING CORPORATE SIGNATUREi A Special Meeting of the Board of Directors of T. B: PENICK & SONS, INC., was held at the Corporate Offices, San Diego, California, on July 3 1,2003 for the limited purpose of authorization by the Board of Directors of Joe Valdez as a corporate signer on all bid documents and contract documents. The following directors were present: MARC E. PENICK TIMOTHY J, PENICK WHEREAS, Joe Valdez, as the Senior Estimator and Project Manager, has primary J responsibility for the bidding, procuring, and performance of projects; NOW, THEREFORE, be it RESOLVED that Joe Valdez, is hereby given the authority and is authorized to sign and documents required for bidding, procuring, or performing a project, including but not limited to pre-qualification statements, bid documents, WP’ s, contracts, change orders, bonds, and the like, on behalf of T. B. Penick & Sons, Jnc., and so bind the corporation with his signature. APPROVED. Upon motion duly made and seconded and unanimously carried the resolution was There being no further busine :ss&jiorpdEibythe n Dirrthe meeting (seal) was adjourned. I Company Profile Page 1 of 2 a. ." <- e Company Profile In LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST BOSTON, MA 021 16 800-262-8238 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 #: 23043 California Company ID #: 1022-3 NAIC Group #: 0111 Date authorized in California: August 30,1929 UNLIMITED- NORMAL License Status: Company Type: Property & Casualty State of Domicile: MASSACHUSETTS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY Company Profile Page 2 of 2 -. BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY 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 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - February 18,2004 03: 13 PM Copyright 8 California Department of Insurance Disc1 aimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=3O ... 3/25/2004 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental Provisions to this Contract, especially, “Bid, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor‘s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(@ and location@) 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 comDlete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder . proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the txovisions of the contract documents and the ’ . Supplemental Provisions. The decision of the City Council shall be final. r * @ Revised: 10/08/03 Contract No. 3883-1 Page 28 of 106 Pages I- 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. 1 @ Revised: 10/08/03 Contract No. 3883-1 Page 29 of 106 Pages I 1 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor's License No.* [%538\ Page 1 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: 10/08/03 Contract No. 3883-1 Page 30 of 106 Pages BIDDER'S STATEMENT OF FINANCIAL (To Accompany Proposal) SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 Copies of the latest' Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised: 10/08/03 Contract No. 3883-1 Page 31 of 106 Pages CERTIFICATE OF ACCOUNTANT FOR AN AUDIT OF A FINANCIAL STATEMENT STATE OF CALIFORNIA de have audited the balance sheet of T.B. Penick & Sons, Inc. as of December 31 , 2002, and the ?elated statements of income, retained earnings, and cash flows for the year then ended. These financial statements are the responsibility of the Company’s management. Our responsibility is to 2xpress an opinion on those financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above (included on pages __to -, inclusive) present fairly, in all material respects, the financial position of T.B. Penick & Sons, Inc. as of December 31 , 2002, and the results of its operations and its cash flow n conformity with accounting principles generally accepted in the United States McGladrey & Pullen, LLP (Print Name of Firm) 619.516.1142 72743 (Telephone No.) (License No.) The above Certificate of Accountant shall not be made by any individual who is in the regular employ of the individual, partnership, corporation or firm submitting the statement, nor by any individual who is a member of the firm with more than a IO percent financial interest. ATTACH CONTRACTOR’S MOST RECENT FINANCIAL STATEMENT OR COMPLETE THE ATTACHED FORM OF FINANCIAL STATEMENT Financial Report December 31,2002 .- McGladrey & Pullen, LLP Is an independent member firm of RSM International, an affiliation of independent accounting and msullng Inns. CONTENTS INDEPENDENT AUDITORS REPORT ON THE FINANCIAL STATEMENTS 1 - ~~~ FINANCIAL STATEMENTS Balance sheet Statement of income Statement of retained earnings Statement of cash flows Notes to financial statements 2 3 4 5 6-15 INDEPENDENT AUDITORS REPORT ON THE SUPPLEMENTARY INFORMATION 16 SUPPLEMENTARY INFORMATION Earnings from contracts Completed contracts Contracts in progress 17 18 19 2 INDEPENDENT AUDITOR'S REPORT ON THE FINANCIAL STATEMENTS To the Board of Directors T.B. Penick & Sons, Inc. San Diego, California We have audited the accompanying balance sheet of T.B. Penick & Sons, Inc. as of December 31, 2002, and the . related statements of income, retained earnings, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on those financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of T.B. Penick & Sons, Inc. as of December 31,2002, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. San Diego, California March 28,2003 McGladrey 8, Pullen, LLP is an Independent member firm of RSM International, an affiliation of independent accountlng and consulting firms. 1 T.B. PENICK & SONS, INC. Balance Sheet December 31,2002 ASSETS (Notes 6 and 7) Currentksets Cash and cash equivalents $ 4 1,502 Contract receivables (Notes 2 and 3) 13,697,321 Retentions receivable 5,322,985 Costs and estimated earnings in excess of billings on uncompleted contracts (Note 4) 3,093,952 Aftiliate receivable (Note 5) 44,209 Prepaid expenses and other current assets 604,860 Total current assets 22,804,829 Cash surrender value of life insurance policies (Note 8) 304,235 Property and Equipment, net (Note 2) 999,081 $ 24,108,145 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Line of credit (Note 7) 2,500,000 Current portion of long-term debt (Notes 6) 367,496 Accounts payable (Note 5) 6,882,102 Retentions payable 2,821,099 Billings in excess of costs and estimated earnings on uncompleted contracts (Note 4) 4,867,905 Accrued expenses 52 1,357 Total current liabilities 17,959,959 Long-term debt, less current maturities (Note 6) Related party notes payable (Note 5) Deferred compensation (Note 8) 622,404 950,000 378,545 1,950,949 Commitments and Contingencies (Notes 8 and 9) Stockholders' Equity Common stock, $1 0 par value; authorized 20,000 shares; issued and outstanding 4,500 shares Additional paid-in capital Retained earnings 45,000 22,543 4,129,694 4,197,237 $ 24,108,145 See Notes to Financial Statements. 2 T.B. PENICK & SONS, INC. - Statement of Income For the Year Ended December 31,2002 Contract revmue earned (Notes 3 and 5) Cost of contract revenue (Note 5) Gross profit Selling, general and administrative expenses (Note 5) Operating income Other income (expense) Other income Interest (expense) (Note 5) $ 72,347,671 66,401,539 5,946,132 4,431,045 131 5,087 133,616 (251,400) (1 1 7,784) Income before income taxes State income tax expense 1,397,303 20,100 Net income F ~ ~~ $ 1,377,203 See Notes to 'FinancialStatements. 3 T.B. PENICK & SONS, INC. Statement of Retained Earnings For the Year Ended December 31,2002 Balance, December 31,2001 $ 2,827,491 Net income 1,377,203 Distributions (75,000) Balance, December 31,2002 $ 4,129,694 See Notes to Financial Statements. 4 /-- T.B. PENICK & SONS, INC. Statement of Cash Flows For the Year Ended June 30,2002 Cash Flows from Operating Activities Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation Gain on sale of property and equipment Deferred compensation Decrease in cash value of life insurance (Increase) decrease in: Contracts and retentions receivable Contracts in progress Affiliate receivable Prepaid expenses and other current assets Accounts and retentions payable Accrued expenses Changes in working capital components: Increases in: Net cash provided by operating activities - Cash Flows from Investing Activities Proceeds from sale of property and equipment Purchases of property and equipment Benefits paid under deferred compensation plan Net cash (used in) investing activities Cash Flows from Financing Activities Net payments on line of credit Net proceeds from the issuance of related party notes payable Payments on long-term debt Distributions Net cash (used in) financing activities Net decrease in cash and cash equivalents Cash and Cash Equivalents: Beginning Ending Cash payments for: Supplemental Cash Flow Information Interest Income taxes See Notes to Financial Statements. $ 1,377,203 304,027 (12,081) 69,275 77,621 (7,100,540) 1,742,763 272,947 (366,744) 3,744,438 263,178 372,087 14,750 (214,102) (14,532) (21 3,884) (150,000) 25,000 (1 79,287) (75,000) (37 9,287) (22 1,084) 262,586 fi 41,502 $ 252,856 $ 51 -500 5 T.B. PENICK & SONS, INC. Notes to Financial Statements r Note 1. Nature of business Nature of Business and Significant Accounting Policies T.B. Penick and Sons, Inc. (the "Company") is a general contractor and concrete subcontractor engaged in the construction of commercial and institutional buildings in all areas of private and public works primarily in Southern California. The work is performed under fixed-price and modified fixed-price contracts. In connection with its normal construction activities, the Company may be required to acquire performance, bid, andlor payment bonds. The surety issuing the bonds has recourse against certain of the Company's assets in the event the surety is required to honor the bonds. The length of the Company's contracts varies but typically ranges from six months to two years. Billings are submitted as work progresses and the balance and retainages are due in accordance with the terms of the contract. The Company does not require that contracts receivable be collateralized, but in most cases can apply for a mechanic's lien against the property constructed or terminate the contract if a material default occurs. A summary of the Company's significant accounting policies follows: Use of estimates The preparation of financial statements requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ fro'm those estimates. ,- Revenue and cost recognition Revenues from construction contracts are recognized on the percentage-of-completion method, measured by the percentage of actual costs incurred to date to estimated total costs for each contract ("cost-to-cost" method). This method is used because management considers expended actual costs to be the best available measure of progress on these contracts. Contract costs include all direct material and labor and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs and depreciation. Selling, general and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Profit incentives are included in revenue when their realization is reasonably assured. An amount attributable to claims is included in revenue when realization is probable and the amount can be reliably estimated. The asset "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenue recognized in excess of amounts billed. The liability "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenue recognized. 6 T.B. PENICK & SONS, INC. Notes to Financial Statements /" Note 1. Nature of Business and Significant Accounting Policies (Continued) Cash and cash equivalents The Company maintains its bank accounts with a commercial bank in Walnut Creek, California. Accounts at this institution are insured by the Federal Deposit Insurance Corporation (FDIC) up to $100,000. At times, the Company holds aggregate bank balances in excess of FDIC insured limits. The Company has not experienced any losses in such accounts. For the purposes of reporting cash flows, the Company considers all highly liquid investments purchased with a maturity of three months or less at the date acquired to be cash equivalents. Property and equipment Property and equipment is stated at cost. Depreciation is computed by the straight-line method over the estimated service lives of the related assets as follows: Vehicles Construction equipment Office furniture and equipment 3-7 5-10 5-7 Leasehold improvements are depreciated over the shorter of the term of the lease or their estimated useful lives. Long-Lived Assets Long-lived assets to be held and used are reviewed for impairment whenever events or changes in circumstances indicate that the related carrying amount may not be recoverable. When required, impairment losses on assets to be held and used are recognized based on the excess of the asset's carrying amount over the fair value of the asset. Long-lived assets to be disposed of are reported at the lower of carrying amount or fair value less cost to sell. Income taxes The Company, with the consent of its stockholders, has elected to be taxed under sections of federal and state income tax law, which provide that, in lieu of corporation income taxes, the stockholders separately account for their pro rata shares of the Company's items of income, deductions, losses and credits. Therefore, these statements include provision for corporation income taxes only to the extent that the Company is subject to California tax under provisions which require a 1.5% income tax on this type of entity. J Advertising costs The Company expenses advertising and promotion costs as incurred. Advertising and promotion expenses totaled $243,131 for the year ended December 31 , 2002. Deferred compensation The estimated cost of deferred compensation is accrued by a charge to compensation expense ratably over the period to which the employees will be eligible for the benefits. .- 7 T.B. PENICK & SONS, INC. cl Notes to Financial Statements Note 1. Organization and Summary of Significant Accounting Policies (Continued) New Accounting Pronouncements In December 2002, the Financial Accounting Standards Board issued Interpretation No. 45, Guarantor‘s Accounting and Disclosure Requirements for Guarantees, Including Guarantees of Indebtedness of Ofhers, which requires that a guarantor recognize a liability for the fair value of an obligation undertaken in issuing certain guarantees. As described in Note 12, the Company entered into an agreement subsequent December 31, 2002 to guarantee the debt of an affiliate. The Company will be subject to that interpretation’s disclosure requirements. In January 2003, the Financial Accounting Standards Board issued Interpretation No. 46, Consolidation of Variable lnferest Entities (“FIN 46”). FIN 46 establishes standards for identifying a variable interest entity and for determining under what circumstances a variable interest entity should be consolidated with its primary beneficiary. The requirements of FIN 46 apply to the Company for its year ending December 31,2004. Management does not expect that adoption of this standard will have a material impact on the Company’s financial statements. Note 2. Balance Sheet Information Contract receivables Contract receivables consist of the following. at December 31, 2002: I Contracts receivable Corn pleted contracts Contracts in progress $ 79,952 13,617,369 $ 13,697,321 Property and equipment Property and equipment consist of the following at December 31,2002: Vehicles Construction equipment . Office furniture and equipment Leasehold improvements Less accumulated depreciation $ 1,345,260 855,4 0 1 301,418 233,326 2,7 35,405 1,736,324 !$ 999.081 8 T.B. PENICK & SONS, INC. Notes to Financial Statements I Note 3. Major Customer As of and for the year ended December 31, 2002, the Company had one major customer with a contract receivable balance of approximately $6,031,000 and total revenues of approximately $1 4,578,000. Note 4. Uncompleted Contracts Information regarding uncompleted contracts as of December 31,2002 is as follows: Total amount of contracts in progress Cost incurred on uncompleted contracts Estimated earnings Less billings to date $ 184,487,947 $ 108,401,670 8,862,669 (1 19,038,292) $ (1,773,953) Included in the accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 3,093,952 (4,867,905) $ (1,773,953) Backlog The following schedule shows a reconciliation of backlog representing signed contracts at December 31,2002: Balance of signed but unperformed work at beginning of year New contracts and change orders during the year Less: Contract revenue earned during the year Balance, end of year $ 48,065,634 91,505,644 139,571,278 (72,347,671) $ 67.223.607 9 T.B. PENICK & SONS, INC. rc Notes to Financial Statements Note 5. Transactions With Related Parties Affiliate receivable and transactions with affiliate The Company provides management and administrative services to an affiliate which is 50% owned by the two Company stockholders. The Company bills the affiliate 6% of the affiliate’s monthly revenue and accounts for the revenue and services cost as a separate contract in their financial statements. Total revenue earned for services was approximately $21,400 for the year ended December 31, 2002, included in contract revenues. Gross profit on this contract was approximately $12,700 for the year ended December 31, 2002. There were no amounts receivable from the affiliate for management services as of December 31,2002. In performing administrative services to the affiliate, the Company processes all payroll and vendor transactions through its own records. The amount reimbursable to the Company for these transactions is recorded as an affiliate receivable and was $44,209 at December 31,2002. The Company utilizes the services of the affiliate to perform concrete cleaning and sealing services on projects. Included in accounts payable at December 31, 2002 is approximately $3,100 due to the affiliate. Total expense for these services was $38,664 for the year ended December 31,2002, included in cost of revenues. Related party notes payable The Company has issued the following unsecured notes payable to stockholders and other related parties at December 31,2002: rc Note payable to affiliated LLC, principal due on December 20,2006, plus monthly interest installments of 7% annually Note payable to related party, principal due on December 20,2006, plus monthly interest installments of 7% annually $ 350,000 200,000 Note payable to stockholder, principal due on November 20,2006, plus monthly interest installments of 7% annually 200,000 Notes payable to stockholders, principal due on December 23,2006, plus monthly interest installments of prime (currently4.25%) + 1% annually 200,000 $ 950,000 Interest expense included in the accompanying income statement related to related party notes payable amounted to approximately $61,200 for the year ended December 31, 2002. The related party notes are subordinated to all bank debt (Notes 6 and 7). 10 T.B. PENICK & SONS, INC. Notes to Financial Statements /I Note 5. Transactions With Related Parties (Continued) Lease commitments The Company leases its corporate and administrative office facilities from an entity owned by the Company’s stockholders, under a long-term, non-cancelable operating lease agreement expiring August 2009. The initial term of the lease was from June 1997 through June 2002. It was renewed in July of 2002, with an extended term through July 2009. The agreement requires the payment of utilities, real estate taxes, insurance, and repairs, and monthly payments of approximately $21,000, which are subject to yearly increases. The following is a schedule by years of future minimum rental payments required under the operating lease agreement: Year Ending December 31 , 2003 $ 253,400 2004 261,500 2005 269,900 2007 283,200 - Thereafter 472,000 2006 278,300 Total future minimum rental payments $ 1,818,300 Rent expensed and paid to the entity for the year ended December 31,2002, was approximately $250,000. 11 T.B. PENICK & SONS, INC. Notes to Financial Statements c Note 6. Long-term Debt Long-term Debt consists of the following at December 31,2002: Note payable to bank, due in monthlyinstallments of approximately$6,700, plus interest at 0.75% above the bank's base rate (4.25% at December 31 , 2002). Due December 1,2006, collateralized by substantially all the Companys assets. $ 320,000 Note payable to bank, due in monthlyinstallments of$6,250, plus interest of 0.75% above the bank's prime rate (4.25% at December 31,2002). Due November 29,2005, collateralized by substantially all the Com pany's assets. Note payable to bank, due in monthlyinstallments of approximately$l3,900, plus interest at 0.75% above the bank's prime rate (4.25% at December 31 , 2002). Due November 29,2003, collateralized by substantially all the Company's assets. Note payable to bank, due in monthlyinstallments of approximately$4,200, plus interest at 0.75% above the bank's prime rate (4.25% at December 31,2002). Due May29,2005, collateralized by substantially all the Company's assets. Note payable to finance com pany, principal and interest due in monthly installments of approximately$l,447. The note bears interest at 8.5% through January26,2021. Collateralized by a Company vehicle. Note payable to finance company, due in monthlyinstallments of approximately $967, no interest, through December 31 I 2004. Collateralized bya Companyvehicle. Less current portion Long-term debt, net of current portion 218,750 146,993 120,833 160,127 23,197 989,900 367,496 $ 622,404 12 T.B. PENICK & SONS, INC. Notes to Financial Statements /I Note 6. Notes Payable (Continued) Aggregate maturities of long-term debt at December 31,2002 are as follows: Year Ending December 31, 2003 $ 367,496 2004 220,847 2005 174,207 2006 85,033 2007 5,478 Thereafter 136,839 $ 989.900 Note 7. Line of Credit The Company has a $7,500,000 line of credit with a commercial bank that is guaranteed by certain stockholders of the Company and collateralized by substantially all the Company's assets. The line bears interest at the bank's base rate (4.25% as of December 31, 2002) plus 0.5% or LIBOR (1.73% as of December 31, 2002) plus 3% at the discretion of the Company. Borrowings on the line cannot exceed 50% of eligible receivables. As of December 31, 2002, $2,500,000 was outstanding and approximately $5,000,000 was available for future borrowings. I The Bank requires the maintenance of certain financial covenants of which the Company was not in compliance at December 31,2002. The bank issued waivers for non-compliance through February 28,2003. , T.B. PENJCK & SONS, INC. Notes to Financial Statements ,- Note 8. Employee Benefit Plans 401(k) plan The Company has an employee benefit plan established under the provisions of Internal Revenue Code Section 401(k). All employees who have completed one month of service and are nineteen years of age or employees who have completed three consecutive full calendar months of employment are eligible to participate. Employees may contribute up to the annual permissible dollar limit in effect for the plan year, subject to certain federal income tax limitations. Employee contributions are 100% vested. The Company may make matching contributions of a uniform percentage as determined by the Company’s Board of Directors annually. The Company made no contributions during the year ended December 31,2002. Pension benefit plan The Company maintains a defined contribution pension benefit plan covering all full-time prevailing wage base employees. Contributions are made by the Company and are not to exceed 10% of the employee’s eligible compensation, based upon the prevailing wage requirements for each employee group and with respect to each job or contract. The plan is subject to the minimum funding standard requirements of ERISA and the Internal Revenue Service. Plan valuation dates are made at the end of each calendar year. Plan contributions charged to operations for the year ended December 31,2002, were approximately $391,000. - Deferred compensation and cash surrender value of life insurance policies The Company has agreed to make payments to certain key employees of the Company upon termination, death, or retirement. The payments are based upon predetermined amounts set in the agreements. The Company is recognizing its obligation under these agreements over the period that the services are rendered by the employees discounted to the net present value. Accordingly, approximately $379,000 is shown as long-term liabilities as of December 31, 2002. Expense recognized relating to these agreements was approximately $69,300 for the year ended December 31,2002. Benefits paid totaled approximately $14,500 for the year ended. December 31,2002. The Company has purchased life insurance policies on the lives of the employees to assist in funding the Company’s obligation under these agreements. At December 31, 2002, there were no loans outstanding under these policies. Expense representing the decline in market value of the policies was approximately $77,000. 14 .- T.B. PENICK & SONS, INC. Notes to Financial Statements rc Note 9. Contingencies Litigation Certain claims, suits and complaints arising in the ordinary course of business may have been filed or may be pending against the Company. In the opinion of management and its legal counsel, all such matters are reflected in the financial statements, are adequately covered by insurance, or if not so covered, are without merit or are of such kind, or involve such amounts, as would not have a significant effect on the financial position or results of operations of the Company if disposed of unfavorably. Contracts Overhead costs charged to U.S. Government contracts are subject to periodic audits by government agencies. It is management‘s opinion, based on historical experience, that the results of these audits will not have any material effect on the Company’s financial position or results of operations. Related party guarantees In March 2003, the Company entered into an agreement with a bank to guarantee the performance of a bank note and LOC payable by Penick 11, LLC (“Penick It”), which is owned and controlled by the Company’s shareholders. The guaranty requires the Company to pay any principal amounts due under the note if Penick II does not make the payments, as well as to remedy non-performance of other provisions in the agreement. The guaranty was signed in conjunction with Penick 11’s refinancing of its mortgage debt for two office facilities, and was issued without any consideration, The term of the guarantee is equal to the term of the related debt, which is due in monthly installments through March 2008. The maximum potential amount of future payments the Company could be required to make under its guarantees at date of signing is $1,700,000. Penick II has pledged the office facilities, in which the Company is a lessee, as collateral to the bank. 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An attachment can be used. Revised: 10/08/03 Contract No. 3883-1 Page 32 of 106 Pages I T.B. Penick & Sons, Inc. Reference #I District or Entity: Phone #: Address: Names of Contact: SCHOOL WORK '*' San Diego Unified School Districf 61 9.725.7425 41 00 Normal Street San Diego, CA 921 03-2682 Steve Bovee Scope of Work & Amount: Upgrade and Modernization/ $6,002,565.00 Job Name: Bell/ Montgomery Technology Upgrade/ Modernization Reference #2 I' '> - ~~ District or Entity: Phone #: 760.729.461 2 Add ress: Names of Contact: Rob Todd Scope of Work & Amount: Addition to School/ $5,513,346.00 Job Name: Carlsbad Unified School District 801 Pine Ave Carlsbad, CA 92008 Aviara Oaks Middle School Portion I1 Reference #3 District or Entity: Phone #: Address: Names of Contact: Chula Vista Elementary School District 61 9.425.9600 84 East J Street, PO Box 904 Chula Vista, 6A 91910 Lowell Billings Scope of Work 8 Amount: Modernization and Upgrade/ $4,153,819.00 Job Name: Chula Vista Schools Cluster 1 Reference #4 District or Entity: San Diego Unified School District Phone #: Address: 61 9.725.7425 4100 Normal Street San Diego, CA 92103-2682 Names of Contact: Steve Bovee Scope of Work & Amount: Addition and Modernization/ $4,962,000.00 Job Name: Hamilton Elementary School Addition & Modernization .. Reference #5 District or Entity: San Diego Unified School District Phone #: 619.725.7425 Address: - 41 00 Normal Street San Diego, CA 921 03-2682 Names of Contact: Martin Frey Scope of Work & Amount: Modernization/ $4,832,949.00 Job Name: Taw Pershing Middle Schools Modernization 4 Reference% District or Entity: Engineer/ Architect Ruhnau Ruhnau Clarke Deserts Sands Unified School District Phone #: 760-342-7626 Address: 47-950 Dune Palms Road La Quinta, CA 92253 Names of Contact: Bill McCabe Scope of Work & Amount: Job Name: lndio School- Concrete, fencing, playground equip., etc.- $1,758,000 lndio Elementary School No.3 Reference #7 District or Entity: C.M. /Architect: Columbo Construction Kern Community College District Phone #: Address: 1661) 316-0100 3000 College Height Blvd Ridgecrest, CA 93,555 Names of Contact: Jason Sitton Scope of Work & Amount: structural concrete, rebar & termite cantrol- $697,000 Job Name: Cerro Cos0 College BP #033 T.B. Penick & Sons, lnc. Page #I Reference #I District or Entity: Phone #: Address: Names of Contact: I 1 ENGINEERING WORK San Diego State University 61 9-594-8076 ~ ~ 5500 Campanile Drive San Diego, CA 921 82 Michael Woomer Scope of Work & Amount: Field Turf Improvments- $562,239.00 Job Name: SDSU Fields 610 & 620- Field Turf Reference #2 District or Entity: Metropolitan Transit Development Board Phone #: 61 9-235-2632 Address: Names of Contact: Brad Helgason Scope of Work & Amount: Trolley Station & Bridge Improvements- $2,600,000 Job Name: 1255 Imperial Ave, Ste 1000 San Diego, CA 92101 Sorrento Valley Coaster Station Reference #3 District or Entity: California Department of Transportation Phone #: 858-467-4084 Address: 7177 Opportunity Road San Diego, CA 92121 Names of Contact: Ray Arinduque Scope of Work & Amount: Main Street Road and Planting Improvements- $459,065 Job Name: Ramona Hwy Planting and Road Improvements Contract #I 1-079504 i Reference #4 District or Entity: CalPeak Power LLC Phone #: 503-224-6040 Address: Names of Contact: Mike Walsh Scope of Work & Amount: Concrete, Rebar, Fencing, Grading, Structural Steel- $3,000,000 Job Name: CalPeak 7365 Mission Gorge Road, Ste C San Diego, CA 92120 ~ ~ Reference #5 District or Entity: Deserts Sands Unified School District Phone #: 760-342-7626 1 Address: 47-950 Dune Palms Road La Quinta, CA 92253 Names of Contact: Bill McCabe ,- I Scope of Work & Amount: lndio School- Concrete, fencing, playground equip., etc.- $1,758,000 Job Name: lndio Elementary School No.3 I T.B. Penick & Sons, Inc. Project Experience Project Name: Mira Costa College Location: San Diego, CA Project Description Construction of a new library; modernization and technology upgrade Client Name: Mira Costa Community College District - Don Skelton (760)795-6691 Owner Name: Same as above Architect Name: L.R. Design - Larry Rutsch (760)941-4647 Project Size: 1 acre Original Completion Date: Sep-00 Actual Completion Date: Sep-00 Original Value: $ 4,232,000.00 Final Value: $ 4,442,583.00 Increase in contract value due to Owner requested changes - I Project Name: St. Gregory the Great Catholic Church and Parish Facility Construction of Mixed Use Facility and site work Catholic Diocese of San Diego Hyndman & Hyndman - Shelly Hyndman (760)634-2595 Location: Scripps Ranch, CA Project Description Client Name: Owner Name: Same Architect Name: Project Size: 6 acres Original Completion Date: Mar-00 Actual Completion Date: Mar-00 Original Value: $ 7,500,000.00 Final Value: $ 7,500,000.00 Project Name: Medical/Dental Clinic Location: Miramar, San Diego, CA Project Description Client Name: Owner Name: Architect Name: N/A Construction of Medical Clinic; Modernization and Tech. Upgrade Department of the Navy - Lance Smith (619)532-1195 Department of the Navy Project Size: 1.5 acres Original Completion Date: Feb-02 Actual Completion Date: Feb-02 Original Value: $ 7,457,881 .OO Final Value: $ 9,034,886.00 Increase in contract value due to Owner requested changes Project Name: CalPeak Location: El Cajon, CA Project Description Peaker Power Plant Client Name: Owner Name: Project Size: 1 acre , Original Completion Date: . May02 ' Actual Completion Date: May-02 Original Value: . $ 1,963,261 .OO Final Value: $ 3,048,900.00 Increase in contract value due to Owner requested changes IDC - Mike Walsh (503)224-6040 CalPeak Power LLC - JJ Fair (619)229-3770 Architect Name: IDC - Mike Walsh (503)224-6040. . 1. .. - .. Project Name: Location: Project Description Client Name: Owner Name: Architect Name: Project Size: 2 acres Original Value: $ 3,058,755.00 Final Value: $ . 3,798,727.00 increase in contract value due to Owner requested changes Sorrento South Corporate Center 9276 Scranton Road San Diego, CA Office Towers; Design-Build Parking Structure Swinerton & Walberg - Bob Robinson (858)622-4040 WCB Thirty-One Limited Partnership Carrier-Johnson - Gary Mangham (61 9)239-2353 Original Completion Date: Nov-00 Actual Completion Date: NOV-00 I T.B. Penick & Sons, Inc. Synthetic Turf field Project References District or Entity: Phone #: Address: Names of Contact: Scope of Work Job Name: - San Diego State University 61 9-594-8076 5500 Campanile Drive San Diego, CA 92182 Michael Woomer & Amount: Field Turf Improvments- $562,239.00 a. ' SDSU Fields 61 0 & 620- Field Turf BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. I 1 i I Contract No. 3883-1 Page 33 of 106 Pages CEKTfffCAlE HOLDER CANCELLAtKlN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlLLXX~~~x~ CITY OF CARLSBAD, PURCHASING DEPT. MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ? LEFT, ~~~~X~fi~#~~~~~~~~~~~~~~~ Lx!KmmXK~Px~mmx~m~~ n AUTHORIZED REPRESENTATIVE 1635 FARADAY AVE. CARLSBAD CA 92008-7314 ACORO2&8(IIw1 ISSUE DATE (MM/DDPIY) I AdHDRBm CERTIFICATE OF INSURANCE PEN50475 No 10912q 05/13/04 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND LLC - CA L i c 0 C 0 3 9 5 0 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAG E PRODUCER Barney & Barney, 0. Box 85638 & Barney, Inc-CA LicOC24310 POL~C~ESBELOW. -- _- I >an Diego, CA 92186-5638 1 iCOMPANYA i- ST PAUL-ST PAUL FIRE AND MARINE INSURANCE CO -- __- LETTER (858) 457-3414 Mst#: 4544 4COMPANY B AMERICAN STATES INSURANCE CO I LETTER INSURED T.B. PENICK & SONS, INC. /COMPANY j LElTER 6800 - GULF UNDERWRITERS INS. CO . I c ...... ._ ____ COMPANY AIG-NATIONAL UNION FIRE INS CO OF PITTSBURGH PA LElTER ... .- ......... ... .-. . ........ .. -. ... .............................. ..- ._ 9747 OLSON DRIVE SAN DIEGO CA 92121 I NO COVERAGE ON THIS DOCUMENT I COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LII lllllll.ll ........ .ll_lll_-l____l-_ .... __I_ ... S SHOWN MAY HAVE BEEN REDUCE - -- __ LIMITS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDPIY) DATE (MWDDPIY) POLICY NUMBER 1 KC06100101 CONTRACTUAJi 1 AUTOMOBILE LIABILITY ANY AUTO SCHEDULED AUTOS NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY I ............................... (Per person) $*********I 0 9 / 0 1 / 0 31 0 9 / 0 1 / 04 BODILY INJURY i (Per accident) ._ -. $*********I I ................................ ... .... 0 1 - CE - 8 14 9 2 6 - 4 I PROPERTY DAMAGE $*********I $ *9 , aaLa nl EACH OCCURRENCE 0 9 / 0 1 / 0 31 I 0 9 / 0 1 / 0 4 AGGREGATE-_ I__ --.$*~&-Q..Q. EXCESS LIABILITY ci-x.4 UMBRELLA FORM i i OTHER THAN UMBRELLA FORM GU2 86786 1 1 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY WC7165818 NO COVERAGE HICLES'SPECIALITEMS *EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT I GENERAL LIABILITY - ADDITIONAL INSURED I I ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS GENERAL LIABILITY - INCLUDING COMPLETED WORK The endorsement changes your Contractors Commercial General Liability Protection How Coverage is Changed There are two changes that are described below. 1. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional Protected Person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: Architect, engineer, or surveyor professional services includes: the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; and services. * supervisory, inspection, or engineering 2. The following is added to the Other Primary Insurance section. This change broadens coverage. We will consider this insurance to be primary to and non-contributory with the insurance issued directly to additional protected persons listed below, if: your work for that person or organization; your completed work for that person or organization if your contract or agreement requires such coverage; * your contract specifically requires that we I- premises you own, rent, or lease from that person or organization; or your maintenance, operation, or use of equipment leased from that person or organization. non-contributory insurance. We explain what we mean by your work and consider this insurance to be primary or primary and non-contributory; or you request before a loss that we consider this insurance to be primary or primary and 0 Other Terms your completed work in the Products and completed work total limit section. All other terms of your policy remain the same. If the additional protected person is an architect, engineer, or surveyor, we will not cover injury or damage arising out of the performance or failure to perform architect, engineer, or surveyor professional services. Person or Organization: CITY OF CARLSBAD. PURCHASING DEPT. Name of Insured Policy Number T. B. Penick & Sons, Inc. KC06100101 GO322 Rev. 12-97 Printed in U.S.A. OSt. Paul Fire and Marine Insurance Co. 1997 I Effective Date: 09/01 /03 Processing Date: 05/13/04 Endorsement All Rights Reserved Authorized Representative X:\My Documents\T. B. PENICK\GL ADDITIONAL INSURED.doc **’* REPRINTED FROM THE FORMS LIBRARY **** Endorsement effective 09/01 /03 Named Insured THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CA 71 35 12 93 Policy# 01 -CE-814926-4 Effective: 09/01/03 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Countersigned by T.B. PENICK & SONS, INC. (Authorized Representative) Schedule Name of Person or Organization: CITY OF CARLSBAD, PURCHASING DEPT. Address: 1635 FARADAY AVE., CARLSBAD, CA 92008-7314 I Premium: $ I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an “insured” the person(s) or organizations(s) shown in the Schedule, but only with respect to “bodily injury” or “property damage” resulting from the acts or omissions of: 1. You: 2. Any of your employees or agents; 3. Any person, except the additional insured or any employee or agent of the additional insured, operating a covered “auto” with the permission of any of the above. B. The insurance afforded by the endorsement does not apply: 1. To “bodily injury” or “property damage” arising out of the sole negligence of the person(s) or organization@) shown in the Schedule. X \My Docurnents\T B PENICK\AUTO ADDITIONAL INSURED, CA 71 35 12 93.doc Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 1) Have you or any.of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency I period of debarment period of debarment BY CONTRACTOR: T%. 9a\ Lk \ SA& (name of Contractor) By: SL. Es kwb (print namehitle) Page 1 of \ pages of this Re Debarment form 1 Revised: 10/08/03 Contract No. 3883-1 Page 34 of 106 Pages - g r= .- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Has the suspension or revocation of your contractors license ever been stayed? 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? I( Yes no 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? % If the answer to either of 1. or 3. above is yes fully identify’ in each and every case, the party . disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of. the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page of \ pages of this Disclosure of Discipline form e Revised: 10/08/03 Contract No. 3883-1 Page 35 of 106 Pages I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: TR- Pw\\ck h Lb\ 1 (name of Contractor) By: (sign her Ace \s\hPL v. Gkh&v 1 :- (print nameltile) Page \ of \ pages of this Disclosure of Discipline form I 1 a Revised: 10/08/03 Contract No. 3883-1 Page 36 of 106 Pages i I - I E E NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 i i I f State of California 1 ) ss. County of 1 I Joe \JQ\CkX , being first duly sworn, deposes (Name of Bidder) and says that he or she is sv. €GAib*b V (Title) of T&Pevl\ck k Sci r‘B (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any L undisclosed person, partnership, company, association, organization, or corporation; that the bid is i t 1 I I I-- I a genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoin s true and correct and that this affidavit was executed on the ‘23 Lo\ day of ,2od . a!++ Signature of Bidd Subscribed and sworn to before me on the L3 dayof N6b.rlh , 20 D+. @ Revised: 10/08/03 Contract No. 3883-1 Page 37 of 106 Pages CONTRACT PUBLIC WORKS This agreement is made this /.<4k day of between the City of Carlsbad, California, a municipal corpor&n, (hereinafter called "City"). , 20 O(t. , by and and T B PENICK & SONS INC whose principal place of business is 9747 OLSON DRIVE. SAN DIEGO, CA 92121 (hereinafter ca I I ed "Contractor" ) . City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 (hereinafter called 'lproject") 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, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. c Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition and the supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. - Revised: 10/08/03 Contract No. 3883-1 Page 38 of 106 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 City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. indicated. Differing Conditions. Subsurface or latent physical conditions at the site differing from those C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. .- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. 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. *- a Revised: 10/08/03 Contract No. 3883-1 Page 39 of 106 Pages - 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City of Carlsbad against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City 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's policy for insurance as stated in Resolution No. 91 -403. - (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City, or its agents, officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: a. The City of Carlsbad, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability and employers' liability. -- Revised: 10/08/03 Contract No. 3883-1 Page 40 of 106 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's I iabi lity. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - Revised: 10/08/03 Contract No. 3883-1 . . __-- - - __ Page 41 of 106 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If .the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. I 12. Maintenance of Records. Contractor shall maintain and make City, upon request, records in accordance with sections 1776 and 181 2 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 City by certified letter accompanying the return of this Contract. Contractor shall notify the City 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 City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. - @ Revised: 10/08/03 Contract No. 3883-1 Page 42 of 106 Pages I 16. "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. Additional Provisions. Any additional provisions of this agreement are set forth in the NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: ATTEST: - President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL City Attorney Depdty City Attorne). Revised: 10/08/03 Contract No. 3883-1 Page 43 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. State of California Countyof L DifV u Name and Title of ORlcer (e g “Jane Doe, Notary Public’) On personally appeared Name@) d Signer@) hersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person($ whose name(sh is/ar;e subscribed to the within instrument and acknowledged to me that AelsfWth~executed the same in his/hW?eq authorized capacity&), and that by hislhkfthq sinnature(Y on the instrument the person(q, or the entity upon behalf of which the person(q acted, executed the instrument. 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 Signer’s Name: 0 Individual 0 Corporate Officer - Ttle(s): 0 Partner - 0 Limited C General 0 Attorney-in-Fact 0 Trustee U Guardian or Conservator 0 Other: Signer Is Representing: u 0 1999 National Notary Association 0 9350 De Soto Ave., P.0 BOX 2402 - ChatswoIth, CA 91313-2402 - w.nabonalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. S&~Al&Z. I\j'o-ftcy\\ ?ubi Ji, Name and Title of Officer ($ g , 'Jane Doe. Nota On before me, personally appeared Name($ of Signer(s) &ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the personk whose name(kJ. is&e subscribed to the within instrument and acknowledged to me that he/&/thqy executed the same in his/h@hr authorized capacity@%), and that by his/h th 'r signaturem on the instrument the perso&% the entity upon behalf of which the person(& acted, executed the instrument. 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 reaftachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Corporate Officer - Title(s): 0 Partner - 0 Limited C General cl Attorney-in-Fact 0 Trustee C Guardian or Conservator Other: Signer Is Representing: 0 1999 National Notary Association * 9350 De Soto Ane.. P.O. Box 2402 - Chatswotth, CA 91313-2402 www.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BOND NO- 94W34-221 PREMIUM: INCLUDED LABOR AND MATERIALS WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004- - 147, adopted May 4,2004, has awarded to (hereinafter designated as the "Principal"), a Contract for: T B PENICK & SONS INC SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, , as Principal, (hereinafter designated as the "Contractof), and LIBERTY MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOUR HUNDRED THIRTY THOUSAND. FIVE HUNDRED NINETY AND 31/100 Dollars ($ 430.590.31), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. T B PENICK & SONS INC THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractars 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 thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. e= 6$ Revised 10/08/03 Contract No. 3883-1 Page 44 of 106 Pages Executed by SURETY this 13th - day of MAY ,20&. - Executed by CONTRACTOR this day of (print name here) SURETY: LIBERTY MUTUAL INSURANCE COMPm (name of Surety) 505 S- MAIN STREET, SUITE 830 (address of Surety) ORANGE, CA 92868 AMERICA SAN MARTIN, AITON!~-IN-PACI (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY & CEO (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) - (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL ts Revised 10/08/03 Contract No. 3883-1 Page 45 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared nally known to me 0 proved to me on the basis of satisfactory evidence to be the personh whose namew is- subscribed to the within instrument and acknowledged to me that he/-& executed the same in his7hqImeir authorized capacity(w and that by hisWthq signaturew on the instrument the persow or the entity upon behalf of which the persow acted, executed the instrument. 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 Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited [7 General 0 Attorney-in-Fact 0 Trustee [? Guardian or Conservator 0 Other: Signer Is Representing: 399 National Notary Association * 9350 De Soto Ane.. PO. Box 2402 - Chatsworth. CA 91313-2402 w.natlonalnotary.org Prod No. 5907 Reorder Call Toll-Free 1-800-876-6827 I c- CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT } SS. Countyof Name and ltle of Officer (e.g , "Jane Doe. Notary Public') On personally appeared Name@) of Signer(s) srsonally known to me 0 proved to me on the basis of satisfactory evidence to be the personkwhose name(s>sh subscribed to the within instrument and acknowledged to me that helsmexecuted the same in his/hw$t authorized capacity(ih and that by hislhb signature(\on the instrument the personfc), or the entity upon behalf of which the persow acted, executed the instrument. WITNES 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 reaftachment 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 Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: - 0 1999 National Notary Association * 9350 De Soto Ave.. P.O. BOX 2402 * Chatsworih. CA 91313-2402 - w.natwnalnotaplorg Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 . THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1427597 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BART B. STEWART, DAVD L. WALKER, JACK T. WARNOCK, VALERIE MI. PEARCE, LETlClA SAN MARTIN, JAMES BALDASSARE, JR., LAWRENCE F, MCMAW, AMERICA SAN MARTIN, CHRISTlNE A. PATERSON, ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA ........................... . .......... ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of Januarv 2004. LIBERTY MUTUAL INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 7th day of Januarv , 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixmoporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY W first above written. nto suhscri bed my name and affixed my n CERTIFICATE I, the undersigned, Assi is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company F with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 1 qth day of MAY . 2'004 . .b -- FAITH F U L BOND NO. 24-004-221 PEUZKIUM: $4,650.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price PERFORMANCEWARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004 - - 147, adopted Mav 4.2004, has awarded to , (hereinafter designated as the "Principal"), a Contract for: T B PENICK & SONS INC SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, , as Principal, (hereinafter designated as the "Contractor"), and LIBWTP MUTUAL INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of HUNDRED THIRTY THOUSAND, FIVE HUNDRED NINETY AND 31/100 Dollars ($ 430.590.31), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. T B PENICK & SONS INC FOUR - THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. e= &# Revised 10/08/03 Contract No. 3883-1 Page 46 of 106 Pages I- In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 2\+ 20q. CONTRACTOR: (Hnt name here) PRES I DENT (Title and Organization of Signatory) (print name here) Executed by SURETY this 13th day of MAY ,2004 SURETY: LIBERTY MUTUAL INSURANCE COMPANY (name of Surety) 505 S. MAIN STREET, SUITE 830 ORANGE, CA9 2868 (address of Surety) (714) 542-9479 AMERICA SAN MARTIN, ATTORN'EY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) SECRETARY & CEO (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney %# Revised 10/08/03 Contract No. 3883-1 Page 47 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } SS. On d)’b$te ,’ before me, c %&\J&\hr.NhqQb\\i Name acd Title of Officer (e g , ”Jane &e., Notary Public”) \& --mdhA \\* Name(s) Qfn of Signer@) personally appeared W flersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@j.whose name($) is/- subscribed to the within instrument and acknowledged to me that he/sRe/twexecuted the same in his/her/their authorized capacity(v, and that by hislwh- signatureRon the instrument the person( the entity upon behalf of which the persx acted, executed the instrument. WITNESS- and official seal. 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@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer -Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 * Chatsworlh, CA 913132402 * w.nationalnotarl.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California County of San Diego } SS. On , before me, Benny E. Kelley, Notary ____ Public -- 5-13-04 9 Name and Title of Officer (e.g.. 'Jane Doe, Notary Public") Date personally appeared America San Martin Name(s) of Signer(s) =personally known to me 0 proved to me on the basis of satisfactory evidence to be the person($j whose name@ isB% subscribed to the within instrument and acknowledged to me that IWsheXIBJI executed the same in XiEXher/"KK authorized capacity(= and that by BL%/herl!WD€ signaturemon the instrument the person@), or the entity upon behalf of which the person- acted, executed the instrument. d&&E mv hand and offid seal. ? Place Notary Seal Above OP TI0 NA L 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner Signer's Name: ~ 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: u 0 1999 National Nolary Associalion * 9350 De Soto Ave , P.0 Box 2402 Chalsworth. CA 91313-2402 * nwwnallonalnotaryorg Prod No 5907 Reorder. Cali Toll-Free 1-800-876-6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1427598 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY r KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BART B. STEWART, JAMES BALDASSA L. WALKER, JACK T. WARNOCK, VALERIE M. PEARCE, LmCIA SAN MARTIN, LAWRENCE E MCMAHON, AMERGA SAN MARTtN, CHRISTINE A. PATERSON, ALL OF THE ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Y 8 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. g tr" L !is r-2004. Q) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 52 L p IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of @ - Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of Januarv LIBERTY MUTUAL INSURANCE COMPANY I tS2 I COMMONWEALTH OF PENNSYLVANIA ss IN TESTIMONY W to subscribed my name and affixed my notarial seal at PI eeting, Pennsylvania, on the day and year CERTIFICATE attorney of which the foregoing cer or official who executed the XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and bindin9 upon thk company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said company, this 1 *h day of P -,3.nnL. A .- May 13,2004 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: Kevin Davis Re: Sidewalk Improvements on Jefferson Street, Project #3883-1 Please accept this as our official request to open an Escrow Account in connection with the above referenced project. Please sign the enclosed Escrow Agreements where indicated and return one fully executed original to me at the address listed below, one to the Contractor and retain all remaining copies for your records. Please send all retention deposits to the following (be sure to reference the escrow number on your remittance): Comerica Bank Special Corporate Financial Services P.O. Box 9299 1 Inglewood, CA 90301 Mail Code: 4537 Escrow # 20035-005lRET If by wire - Comerica Bank Special Corporate Financial Services Escrow # 20035-0051RET T.B. Penick & Sons Clearing Account # 1892244979 Routing # 12 1137522 - If you have any questions, please do not hesitate to contact me at 800.309.3165. Comerica-Bank enclosures cc: T.B. Penick & Sons, Inc. 9747 Olson Drive San Diego, CA 92 12 1 Attention: Margie Stroud Escrow H20035-0051RET OPTlONAL ESCROW AGREEMENT FOR SECURtTY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Ci of Carisbad, a municipal corporation, whose address is 1200 Carlsbad Village Drive, Carlabad, CA 92008, hereinafter referred to as 'CW, and T.B. Penick & Sons, Inc. whose address is 9747 Olson Drive, San Diego, CA 92121-2802 hereinafter called "Contractof and Comerica Bank whose address is 9777 Wilshire Blvd., Suite 1004, Beverly Hills, CA 90212 - hereinafter called 'Escrow Agent.' For the consideration hereinafter set forth, the Cky, Contractor and Escrow Agent agree as foliows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to depostt securities with the Escrow Agent as a subetitute for retention earnings required to be withheld by the City pursuant to the Construction Conkact entered into between the City, and Contractor for SIDEWALK IMPROVEMENTS ON JEFFERSON STREET, CONTRACT NO. 888511 in the amount of $430,590-31 ,. dated May 11, 2004 (hereinafter referred to as the 'Contracf). Alternatively, on written request of the contractor, the Ci 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 shell notify the City within 10 days of the deposlt. 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 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 Ci and Contractor. Securities 6hall be held in the name of the Chy and shall designate the Contractor as the beneficial owner. - an amount not less than $100,000 per contract. The market value of the securities at the time of the 2, The City shall make progress payments to fie Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securides in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All tern and conditions of this agreement and the rights and responsibifities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly, 4. The contractor Shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terns shall be determined by the Ci, Contractor and Escrow Agent, 5. The interest earned on the securities or the money market accounts held In escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. I 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City tu the Escrow Agent that Cky consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Chy of the default, the Esorow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Clty. 8. Upon receipt of written notification from he City certifying that the Contract ib final and complete and that the Contractor has complied with all requirements qd procedures appliaable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escmw fees and charges of the Escrow Account. The escrow shall be dosed immediately upon disbursement of all moneys and securities on depostt and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (I) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's' release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give wtitten notices or to receive written notice on behalf of the City and on behaWof Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For Ci: Title FINANCE DIRFCTOR For Contractor: For Escrow Agent Address Address 9747 Olson Drive, San Diego, CA 92121 Tie Vice President Address- 7 7 7 Kidshire- . , SuEe 10% Beverly Hills, CA 90212 . .- At the time the €~WOW Account is opened, the City, and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement, IN WiTNESS WHEREOF, the parties have executed this Agreement by their date first set forth above. For Ci For Contractor: I For Escrow Agent Address 9747 Olson Drive, San Diego, CA 92121 Title Vice President \ Beverly Hills, CA 90212 Escrow #20035-005 lRET OPTIONAL ESCROW AGREEMENT FOR SECURtTY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad, a municipal corporation, whose address is 1200 Carlsbad Village Drive, Carlsbad, CA 92008, hereinafter referred to whose address is 9747 Olson Drive, San Diego, CA 92121-2802 hereinafter called "Contractor" and Comerica Bank whose address is 9777 Wilshire Blvd., Suite 1004, Beverly Hills, CA 90212 hereinafter called 'Escrow Agent.' 'CW, and T.B. Penick & Sons, Inc. For the consideration hereinafter set forth, the Ctty, Contractor and Escrow Agent agree as follows: 1. Pursuant to SWtiOns 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposlt securities with the Escrow Agent as a substiMe for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City, and Contractor for SIDEWALK IMPROVEMENTS ON JEFFERSON STREET, CONTRACT NO. 988511 in the amount of d$4307590.31 (hereinafter referred to as the 'Contra&). Atternatively, on written request of the contractor, the Ci shall make payments of the retention earnings directly to the Escrow Agent, When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit, The Escrow Agent shall maintain insurance to wver 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 Ci and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2, The City shall make progress payments to the Contractor for such funds which othenrvise 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. dated May 11, 2004 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into secrurities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Chy. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent, 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. "I 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice k Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon 8even days' written notice to the Escrow Agent from the Clty of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instmcted by the Clty. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and #at the Contractor has complied with all requirements and prooedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escmw fees and charges of the Escrow Account. The escrow shall be dosed immediately upan disbursement of all moneys and securities on deposk and payments of fees and charges. 8. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (t) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's' release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices of to receive written notice on behatf of the City and on behatf.of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follow: For City: Title 3 INANE DIRECTOR Name h% Signature For Contractor: For Escrow Agent: Name Signat Address 'iZG&Xire Z&&d tex04\ Beverly Hills, CA 90212 . At the time tfm Escrow Account is opened, the Ci, and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement, IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: - For Escrow Agent i -1 Signatu re Address 9747 Olson Drive, Sanhgo, CA 92121 Title Vice President Beverly Hills, CA 90212 SUPPLEMENTAL PROVISIONS FOR SIDEWALK IMPROVEMENTS ON JEFFERSON STREET CONTRACT NO. 3883-1 SUPPLEMENTAL PROVISIONS TO . STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 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. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be 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. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. Revised: 10/08/03 Contract No. 3883-1 Page 51 of 106 Pages City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer, Construction Management and Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Bldg CMWD CDP CSSD cfs Comm DR E G gal Gar GNV APb gPm IE LCWD MOD @ Revised: 10/08/03 Word or Words Apartment and Apartments Building and Buildings Carlsbad Municipal Water District Coastal Development Permit Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Dimension Ratio Electric Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Modified Contract No. 3883-1 Page 52 of 106 Pages MSL MTBM NCTD OHE OMWD ROW S SDNR SDRSD SFM SWPPP T UE W WVD Mean Sea Level (see Regional Standard Drawing M-12) Microtunneling Boring Machine North County Transit District Overhead Electric Olivenhain Municipal Water District Rig ht-of -W ay Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawings Sewer Force Main Storm Water Pollution Prevention Plan Telephone Underground Electric Water, Wider or Width, as applicable Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council 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 City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: is listed in the latest version of U.S. Department of Treasury Circular 570.” Delete “who Modify Paragraphs three and four to read: 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 the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000. 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. @ Revised: 10/08/03 Contract No. 3883-1 Page 53 of 106 Pages The faithful performancelwarranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to' the satisfaction of the Engineer. The bonds to secure payment of laborers and material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance 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 unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. 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. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition, and the supplements thereto, hereinafter designated "SSPWC", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of City of Carlsbad Drawing No. 401-7, Sheet 1 through 10, Drawing No. 401-7A Sheets 1 through 6, and San Diego Gas & Electric Undergrounding Plans, consisting of two sheets, Construction Order No. 2747231, Project No.145839-060. 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 Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approve revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. Revised: 10108103 Contract No. 3883-1 Page 54 of 106 Pages 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal has been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The form following this section shall be used. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals 6) Description of the contents of the submittals. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. By: Title: Date: Company Name: Revised: 10/08/03 Contract No. 3883-1 Page 55 of 106 Pages SUBMllTAL TRANSMITTAL FORM FROM: DATE: PROJECT NAME: Sidewalk Improvement Project on Phone: FAX: Jefferson Street TO: City of Carlsbad PROJECT NO. 3883-1 Inspection Department 5950 El Camino Real OWNER: City of Carlsbad ATTN: 1635 Faraday Avenue Project Inspector Carlsbad, CA 92008 THIS IS AN ORIGINAL THIS IS A REVISION SUBMIITAL NO.: SUBMITTAL OF SUBMITTAL NO.: SUBJECT OF SUBMITTAL: SPECIFICATION SECTION(S): PLAN SHEET NUMBER(S): CONTRACTOR'S CERTIFICATION: Check & Complete either (A) or (B) below: (A) We have reviewed in detail and certify that the material, equipment, or construction procedure(s) contained in this submittal meet all the reauirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans with no exceptions. (e) We have reviewed in detail and certify that the material, equipment, or construction procedure@) contained in this submittal meet all the requirements specified in or shown on the Contract Documents, Construction Specifications and Construction Plans except for the followinq deviations: CONTRACTOR'S AUTHORIZED SIGNATURE: e Revised: 10/08/03 Contract No. 3883-1 Page 56 of 106 Pages Add the following: 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 upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. ,.- ,- 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(@ as required by 59 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of pouring unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submlttal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field note,s, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8 /2)1 by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the Surveyor, the party chief, field crew members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with $5 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under 95 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record@) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. - Revised: 10/08/03 Contract No. 3883-1 Page 57 of 106 Pages Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking ,. 5 60 m (200') on tangents, I 15m (50') on Feature Staked & S7.6 m (25') Horizontal FUA 30 mm (0.1') Street Centerline zurves when RT 300m (1 000') & 7.5m (25') on curves when R< 300m (1000') I15m (50') Clearing Slope ( Constant Horizontal offset) N/A 30 mm (0.1') Vertical & Horizontal Fence plumbing), Skewed cut-off lines ' I 7.5m (25'), BC & EC, at %A, %A & %A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location 5 15 m (50) on tangents & curves when I% 300m (1000') & I 7.5m (25') on curves when Rough Grade Cuts or Fills L 10 m ( constant offset) 10 mm (?() Horizontal & 7 mm ( /4') Vertical as appropriate 10 rnm ('/<) Horizontal & 7 mm ( /4') Vertical as appropriate 10 mm ("/e") Horizontal 7 mrn ('/47 Vertical as appropriate 10 mm ("/E") Horizontal & when depth cannot (33') Final Grade (includes top of: Basement soil, subbaseand base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar FacilitiesO, 0 curb Traffic Signal 0 Signal Poles & Controller o Junction Box O Conduit 0 Stake Description Q SDRS M-10 Monument Lath in soil, painted line In PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- rop in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake a Revised: 10/08/03 Centerline or Parallel to Centerline Setting Tolerance Spacing@, Q (Within) s300m (1000'), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I 15m (50') on tangents & I 7.5m (25') on curves, Painted line - continuous on street centerline at clearing line 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein 0.3 m (1') Horizontal lntervisible and I15m (50') I Grade Breaks 130 rnm (0.1') Vertical & I 15 m (50') on tangents & curves when Rr 300m (1000') & I7.5m (25') on curves when R I 300m (1 000') I 7.5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & I7.5m (257, beginning and end BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (exceDt 16.7 m (22') edge of pavement, paving pass width, crown line & grade I breaks as appropriate 10 mm ('/() Horizontal & 7 mrn ( /4") Vertical 10 mm (?() Horizontal & 7 mm ( /4") Vertical 10 mm (?<) Horizontal & 7 mm ( /4") Vertical Contract No. 3883-1 Page 58 of 106 Pages Minor Structure d Abutment Fill Wall 0 Major Structure Q Footings, Bents Abutments & W ingwalls Superstructure$ Miscellaneous 0 Contour Gradinc 0 Utilities 0, 0 Channels, Dikes & Ditches 0 Signs 0 Subsurface Drains 0 Overside Drains 0 Markers 0 Railings & Barriers 0 AC Dikes 0 Box Culverts Pavement Markers0 - RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guarc Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP R I 300m (1000') or where grade I 0.30% for catch basins: at centerline of box, ends 0' box & wings & at each end of the local depression CD 5 15 m (50') & along end slopes & conic transitions I 15 m (50') and at beginning & end of each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation &wall height 3 m to 10 m (10 to 33') as required by the Engineer, BC & EC, transition points & at leginning & end. Elevation points on footing! - - at bottom of columns 5 m to 10 m (1 0' to 33') sufficient to use string lines, BC & EC, transition points & at leginning & end. Elevation points on footing! at bottom of columns I 15 m (50) I 15 m (50') on tangents & curves when Fk 300m (1000') & 5 7.5m (25') on curves when R I 300m (1000') or where grade I 0.30% intervisible & I 30 m (loo'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & I 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing I 15 m (50') on angents & curves when Fk 300m (1000') & 5 7.5m (25') on curves when R 5 300m (1000'). At beginning & end and I 15 m (50') on sngents & curves when R L 300m (1000') & I 7.5m (25') on curves when R I 300m (1 000') At beginning & end 3 m to 10 m (1 0' to 33') as required by the Engineer, BC & EC, transition points & at heginning & end. Elevation points on footings & at invert 50 m (200') on tangents, 15m (50') on curves when R 2 300m (1000') & 7.5177 (25') on curves when R 5 300m (1000') For PCC surfaced streets lane cold joints will suffice ad when adjacent marker stakes reference t as appropriate as appropriate as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate 4t beginning 8, end ~ At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) be measured from existing pavement 7 mm ( /47 Vertical 10 mm ("/() Horizontal & 7 mm ( /4") Vertical (when vertical data needed) 30 mm (0.17 Vertical & t-iorizontal 7 mm ('/4)0 Horizontal B 7 mm ('/4") Vertical 10 mm ("/e") Horizontal & 7 mm (l/~) Vertical 10 mm ('/() Horizontal & 7 mm ( /4") Vertical 30 mm (0.1') Vertical & Horizontal 10 mm (??") Horizontal & 7 mm ( /4") Vertical 30 mm (0.1') Horizontal & 7 mm ['/An\ Vertical 30 mm (0.1') Vertical & Horizontal 30 mm (0.1') Horizontal & 7 mm ('/c) Vertical 30 mm (0.1') Horizontal & 7 mm ( /4") Vertical 7 mm ('/4") Horizontal 1 10 mm ("/a") Horizontal & Vertical 30mm (0.1') . Horizontal & Vertical 10 mm ("/d Horizontal 7 mm ('/4n) Horizontal offset and elevation of those features 0 Staking for feature may be om and the accuracy requirements of the RP meet the requirements for the feature a Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table (3 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto @ Revised: 10/08/03 Contract No. 3883-1 Page 59 of 106 Pages (9 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ 1 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number @ The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) following the symbol. TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Clearing - Grading Vertical Control 1 Benchmarks I White/Orange Limits of clearing Yellow/Black Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow Structure Drainage, Sewer, Curb Right-of-way Miscellaneous grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, W W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. White Blue WhiteNellow Orange Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractor‘s performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to the contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all ,subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor‘s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised: 10/08/03 - Contract No. 3883-1 Page 60 of 106 Pages SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge &. Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor rates published therein are not a part of this contract. second paragraph, modify as follows: 3-3.2.3 Markup, replace with the following: (a) and shall constitute the markup for all overhead and profits: 2) Materials ............................. 15 4) Other Items and Expenditures .. 15 Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and Work by Contractor. The following percentages shall be added to the Contractor's costs 1) Labor ................................... 20 3) Equipment Rental ................... 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 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor, 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. - a Revised: 10/08/03 Contract No. 3883-1 Page 61 of 106 Pages The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of 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 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City‘s proposed final estimate in order for it to be further considered.” By: Title: Date: Company: 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. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management and Inspection 4. City Engineer 5. Public Works Director 6. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which Contractor may proceed under the provisions of the Public Contract Code. - Revised: 10/08/03 Contract No. 3883-1 Page 62 of 106 Pages The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) 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)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. - Revised: 10/08/03 Contract No. 3883-1 Page 63 of 106 Pages (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 nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 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 .lo) 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 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all part 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 of 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. a Revised: 10/08/03 Contract No. 3883-1 Page 64 of 106 Pages 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not 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. 4-1.6 Trade names or Equals, Add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quality and quality received, prepare storage area(s), store, handle, protect, move relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2 and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly' state the 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. a Revised: 10/08/03 Contract No. 3883-1 Page 65 of 106 Pages SECTION 5 -- UTILITIES Sempra SBC 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Pedestals conduit in joint trench connect to house * Power poles Remove poles and install Pull electric service lines and connect to house Phone lines Remove pedestals and install Pull telephone service lines Pedestal conduit in joint trench and connect to house conduit in joint trench 5-4 RELOCATION. Delete the first paragraph and substitute the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: Certain facilities owned by Sempra, SBC, and Adelphia Cable are currently located within the limits of work and will require relocation. Contractor shall coordinate with each of the utilities to commence with relocation of facilities during various phases of the work. The owner of the facility, the description of the facility, the required utility work and the anticipated phasing of work is defined in the table below. The facilities are located as follows: Jefferson Street. Contractor shall protect existing facilities during all phases of the contract. 1 AdelphiaCable I Cable lines I Remove pedestals and install rPuT cableservice lines and 1 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". Work shall be completed during the summer recess at Jefferson Elementary School between June 14 and September 1,2004. Add the following section: 6-1 .l 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. - Revised: 10/08/03 Contract No. 3883-1 Page 66 of 106 Pages Add the following section: 6-1.2 Bar Chart. Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. The bar chart shall include the date(s) of tree removal, posting notices of work required in 302-4.4 and SWPPP monitoring. 6-1.2.1 Engineer’s Review. The Engineer will review and return to the Contractor, with any comments, the Construction Schedule within 15 working days of submittal. The Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.1.1 “Accepted.” Notice to Proceed. The Contractor may proceed with the project work upon issuance of the Add the following section: 6-1.2.1.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments. Add the following section: 6-1.2.1.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last day of each week to agree upon each activity‘s schedule status and shall submit weekly updates of the Construction Schedule confirming the agreements no later than the second working day of the following week. The weekly update will be submitted on hard (paper) copy. Add the fQllowing section: 6-1 .l Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6.2.1 Phasing of the Work. The Work shall be phased so as to minimize disruption to both the nearby residents and the motoring public. The descriptions of Task I through V are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. 6.2.1.1 Task 1. Task I of the project shall consist of all mobilization, traffic control, utility relocation, clearing and grubbing, demolition of concrete and asphalt (except as required in Task Ill), removinghelocating chainlink fences, removing wood fences, vegetation removals, excavation and filling and installation of privacy fence to perform the work included in this project. Trenching and conduit installation for utility undergrounding shall be performed prior to concrete construction. The improvements on the east side of Jefferson Street North shall be constructed including, but not limited to, construction of concrete curb and gutter, driveway approaches, pedestrian ramps, sidewalks, asphalt road construction including base course and surface course, and sodding. Contractor shall maintain one travel lane open in each direction at all times, unless approved by the Engineer. . Revised: 10/08/03 Contract No. 3883-1 Page 67 of 106 Pages 6.2-1.2 Task 11. Task I1 of the project shall include all concrete construction on the west side of Jefferson Street North including, but not limited to, traffic control, curb and gutter, driveway approaches, pedestrian ramps, sidewalks, driveways, asphalt road construction including base course and surface course, and sodding. Contractor shall maintain one travel lane open in each direction at all times, unless otherwise approved by the Engineer. 6.2-1.3 Task 111. Task Ill shall include all concrete construction of the cross gutter at Magnolia and Jefferson Street, including traffic control, demolition of the existing cross gutter and asphalt, and asphalt road construction including base course and surface course. Contractor shall remove the existing and construct the cross gutter in the same day, requiring only one day of road closure, which shall be during the weekend, unless otherwise approved by the Engineer. 6.2.1.4 Task IV. Task IV of the project shall include all asphalt road construction including, but not limited to, traffic control, base course and surface course on Jefferson Street South. Contractor shall maintain one travel lane open per Section 7-1 0.3.2, unless otherwise approved by the Engineer. 6.2-1.5 Task V. Task V consists of performing the remainder of work not completed in the previous phases. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of 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) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within fifty seven (57) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. Work under traffic control shall be restricted to 8:30 a.m. to 3:30 p.m. as indicated on the traffic control plan. 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 hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The concrete cross-gutter shall be constructed on a Saturday when traffic volumes are down. Inspection costs for weekend or evening work associated with the cross-gutter shall be waived. @ Revised: 10/08/03 Contract No. 3883-1 Page 68 of 106 Pages The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the City Council. Upon such certification by the Engineer the City Council may accept the completed Work. Upon the City Council's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third, paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion'' and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred dollars ($900). Execution of the Contract shall constitute agreement by the Agency and Contractor that $900 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. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: 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 Sate Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. 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@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. - Revised: 10/08/03 Contract No. 3883-1 Page 69 of 106 Pages Add the following section: 7-5.1 Resource Agency Permits. ‘A’ of these special provisions. Resource agency permits pertaining to this project include: Resource agency permits for the Work are included in Appendix 1) City of Carlsbad Coastal Development permit number CDP 02-11 issued on June 19, 2002. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 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. Add the following: 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 hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. The Contractor shall obtain a construction meter for 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. Add the following: The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control, Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 2001 -01 , NPDES General Permit number CAS01 08758 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity“. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City‘s contracted waste disposal company, Coast Waste Management at 929-941 7. During paving operations, the Contractors schedule for paving shall be designated to provide residents and business owners whose streets are to be paved sufficient paved parking within an 800 foot distance from their homes or businesses. a Revised: 10/08/03 Contract No. 3883-1 Page 70 of 106 Pages Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the .work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval per Submittal Specs 2.5.3.3. 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 3-112 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" located at the end of Part 1. In addition to the notifications, the contractor shall post temporary no parking signs 48 hours in advance of the work being performed. The temporary 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 temporary no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the temporary no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5 working days prior to closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ...................................................................................... (760) 602-2780, x7301 3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 434-2980 5) Carlsbad Traffic Signals Operations .................................................. (760) 434-2937 6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1596 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, dwing 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 andor maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Revised: 10/08/03 Con tract N 0. 3883- 1 Page 71 of 106 Pages Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 21 4-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 21 4- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 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 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (67, nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6 m (2’) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one (1) paved traffic lane, not less than 3.6m (12’) wide, shall be open for use by public traffic in each direction of travel during non-working hours. During working hours, a minimum of one (1) lane of travel with appropriate traffic control may be approved by the Engineer in accordance with Section 7-1 0.3.3. Contractor is notified that the project site is along a student travel corridor. Safe passage for students to and from school must be maintained at all times. Revised: 10/08/03 Contract No. 3883-1 Page 72 of 106 Pages Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled 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. Add the following section: 7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has received the Engineer’s written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of - Revised: 10/08/03 Contract No. 3883-1 Page 73 of 106 Pages features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The Contractor may choose to modify, add to or supplement the TCP shown on sheet 8, 9, and 10 of Drawing 401 -7 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheet 8, 9, and 10 of Drawing 401-7. The level of detail, format, and graphics shall be of quality and size no less than shown on sheet 8, 9, and 10 of Drawing 401-7. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, Supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item for the cost of labor and material for portable concrete barriers, they will be paid as an incidental to the work being performed, and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapters 11.04 Streets and Sidewalks, 11.12 Trees and Shrubs and 15 Grading and Drainage. @ Revised: 10/08/03 Contract No. 3883-1 Page 74 of 106 Pages 91 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 91.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion". 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (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. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. -If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. a Revised: 10/08/03 Contract No. 3883-1 Page 75 of 106 Pages 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. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials., into the work will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporated Add the following section: 9-3.4.1 Mobilization and Preparatory Work., Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. # Revised: 10/08/03 Contract No. 3883-1 Page 76 of 106 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS 1 -1/2" 1" 314" No. 4 No. 30 No. 200 SECTION 200 - ROCK MATERIALS 90-1 00 --- 1 00 50-85 90-1 00 25-45 35-60 10-25 10-30 2-9 2-9 --- 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 1 -1/2 inch maximum or 314 inch maximum shall be used, except that once a grading is selected, it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing QUALITY REQUIREMENTS The aggregate shall not be treated with lime, cement, or other chemical material before the Durability index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range". Revised: 10/08103 Contract No. 3883-1 Page 77 of 106 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance", the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. apply. Type of Construction All Concrete Used Within the Right-of-way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS Concrete Maximum Class Slump mm (Inches) 330-C-23 (2) (560-C-3250) ('I (1 90-E-400) (560-C-3250) (590-C-3750) (520-(3-2500 P) 1 15-E-3 200 (8") 330-C-23 100 (4") 3504-27 100 (4") 31 0-C-17 per Table 300-1 1.3.1 201 -1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE SPECIAL PROVISIONS 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203- 1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-4000 for dikes and class E-AR-8000 ditches. Revised: 10/08/03 Contract No. 3883-1 Page 78 of 106 Pages 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 1 25. 100 mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2x4") When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: treated constmktion grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir 1. Asphalt Content and Gradation by Extraction using Calif. Test 382 or ASTM 21 72, and Calif. Test 202 2. Stability' using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. And 1 or 1. Stability will be waived provided the extracted asphalt content is within +\-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +64. 2. When using core sample analysis, the samples must be properly prepared to safeguard against influx of out side contaminates and so that the cut surfaces do not influence the test results. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +\- .5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation maybe considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES I GRADES Headers for bituminous pavement up to 50 mm x I Construction grade Redwood or preservative- . Revised: 10/08/03 Contract No. 3883-1 Page 79 of 106 Pages SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs. Permanent traffic signs shall consist of 1 0-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless othewise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993, Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993, except that the notation shall be “PROPERTY OF THE CITY OF CARLSBAD”. Add the following section: 206-7.1.3 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 1 0-gage or 1 2-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the ‘sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. a Revised: 10/08/03 Contract No. 3883-1 Page 80 of 106 Pages Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following’section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993, Sheets 1 through 5 that accompany ‘Specifications For Reflective Sheeting Signs, October 1993 of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign@) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on IO-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials tnd installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m (5 *)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1993”. - @ Revised: 10/08/03 Contract No. 3883-1 Page 81 of 106 Pages Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 1 0-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 1 0-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/16”) holes on 25 mm (1”) centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (4.01 l”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1116 in 3’). Tolerance for comer radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the comer. Using 1 0-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (10’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8” in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance for All Sides at Corners Revised: 10/08/03 Contract No. 3883-1 Page 82 of 106 Pages TABLE 206-8.2(B) Nominal Outside Dimension Squareness(’) mm (Inches) mm (Inches) 25 x 25 (1 XI) 0.1 5 0.006 32 x 32 (1 34 x 1 44) 0.1 8 0.007 38 x 38 (1 42 x 1 42) 0.20 0.009 44 x44 (1 -“4 x 1 -3/4) 0.25 0.01 0 51 x51 (2 x 2) 0.30 0.01 2 56 x 56 (2-3/16 x 2-3/16) 0.36 0.01 4 57 x 57 (z-’/~ x 2-1/4) 0.36 1.014 64 x 64 (242 x 24) 0.38 0.01 5 51 x76 (2 x 3) 0.46 0.01 8 Twist Permissible in 900 mm 3” mm(2) (Inches) 1.3 0.050 1.3 0.050 1.3 0.050 1.6 0.062 1.6 0.062 1.6 0.062 1.6 0.062 1.9 0.075 1.9 0.075 b, Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel “pull-through’’ electrogalvanized rivets with 9.5 mm (3/8“) diameter head, and a grip range of from 5 mm (0.200) to 0.90 mm (0.356“). ASTM 8-633, Type Ill Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN perforated tubing shall be steel shank, 22 mm (7/8”) diameter The fasteners shall conform to Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20QC (-4QF) to +70QC (158*F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7’) above the ground and the top no more than 4.4 m (14.5’) above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer’s recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. - Add the following section: 206-9.4 Measurement and Payment. PCMS shall be included in the lump sum price for traffic control and includes furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. a Revised: 10/08/03 Contract No. 3883-1 Page 83 of 106 Pages SECTION 209 - SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS Temporary Railing type (K) 209-1 GENERAL 209-1.01 Description. Signals, lighting and electrical systems work shall consist of furnishing and installing, modifying or removing one or more traffic signals, traffic signal master controller assemblies and interconnection facilities, flashing beacon systems, lighting systems, sign illumination systems, traffic monitoring stations, communication systems, electrical equipment in structures, falsework lighting, provisions for future systems, or combinations thereof, all as shown on the plans, and as specified in these special provisions. The locations of signals, beacons, standards, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract. Preparation Abrasive Blast Cleaning to a None Two coats white Acrylic Roughened, Textured Appearance Emulsion Paint ('I SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 21 0-1.5 Paint Systems. Add the following to Table 21 0-1 S(A) TABLE 210-1.5 (A) Surface to be Painted I Pre-Treatment / Surface I Primer I Finish Coats 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. 8010-91D-30. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 801 0-21 C-19. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 801 0-21 C-22 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 9581 9, telephone number (91 6) 227-7000. Add the following section. 21 0-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement Markings shall be Premark brand manufactured by Flint Trading Company 1 15 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 11 5 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 6071 4 or approved equal. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1.4.5 Sod. Modify as follows: Delete references to stolons and hybrid bent grass. Turf grass sod shall be fresh, clean living sections of Bermuda grass. Add the following section: 21 3-3 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 (3/411) crushed rock and securely tied closed. Plastic bags are not acceptable. Revised: 10/08/03 Contract No. 3883-1 Page 84 of 106 Pages SECTION 214 PAVEMENT MARKERS Type Stimsonite Chip Seanemporary Overlay Marker (Models 300 and 301) TFPM 214-5 REFLECTlVE PAVEMENT MARKERS Manufacturer of Distributor John C. Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251 -81 40. Add the following section: 21 4-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or equal thereto. Add the following section: 21 4-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 21 4-5.2(A), or equal thereto. Type Safe-Hit SH236MA Carsonite "Super Duck" SDF-436 Repo "The Replaceable Post" TABLE 214-5.2(A) 3EFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #11 Havward, CA 94545 Teiephone (41 5) 783-6550 Carsonite International CorDoration 2900LockheedWay Carson City, NV 89701 Telephone-(702) 883-51 04 Western Hiahwav Products P.O. Box 7" Stanton, CA 90680 Telephone (800) 422-4420 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. a Revised: 10/08/03 Contract No. 3883-1 Page 85 of 106 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS . SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor 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 either salvage or disposal of existing fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, concrete driveway, concrete cross gutter, existing gates, traffic signs, trees 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. Items to be removed and salvaged shall be stored until the improvements are complete and the Engineer approved the replacement of the items. Removal of utility poles and pedestals shall be paid as a separate bid item. 300-1.3.2 Requirements. add the following: Edge of existing A.C. Pavement shall be sawcut and removed to straight lines as shown on the plans. Sawcut existing A.C. pavement shall be considered as included in the contract unit price bid per linear foot for Sawcut Existing Pavement and no additional compensation will be allowed therefore. Payment for traffic control necessary for sawcutting and removals shall be included in the contract lump sum bid for traffic control. Payment for the removal of portions of A.C. pavement sawcut will be made at the lump sum bid for Clearing and Grubbing. Contractor shall not perform any removals of bituminous pavement without giving at least 48 hours notice to the Engineer. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. Revised: 10/08/03 Contract No. 3883-1 Page 86 of 106 Pages 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.5 Slopes. add the following: located within 75 mm (0.25') of the locations shown on the plans. The hinge points (the top and bottom) of slopes shall be 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: defined as any area steeper than three horizontal to one vertical. A slope shall be 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. a Revised: 10/08/03 Contract No. 3883-1 Page 87 of 106 Pages 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for clearing and grubbing and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of clearing and grubbing, and no additional payment will be made therefor. . When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for clearing and grubbing. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for clearing and grubbing and no additional compensation will be allowed therefor. Add the following section: 300-2.1 0 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, “Compaction”, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557. 300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m (3’) of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6) shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.9 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 unclassified excavation, and no additional payment will be made therefor. 300-12 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the “SWPPP,“. The SWPPP shall conform to the requirements of the Standard Specifications, the requirements in the California Storm Water Best Management Handbook (Handbook), the requirements of the Permit, the requirements in the plans and these special provisions. - Revised: 10/08/03 Contract No. 3883-1 Page 88 of 106 Pages 300-1 2.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. The SWPPP is attached as Appendix A. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SW PPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SW PPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. 2. 3. 4. 5. 6. 7. 8. 9. Source Identification; Erosion and Sediment Controls; Non-Storm Water Management; Waste Management and Disposal; Maintenance, Inspection and Repair; Training; List of Contractors and Subcontractors; Post-Construction Storm Water Management; Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. - Revised: 10/08/03 Contract No. 3883-1 Page 89 of 106 Pages The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-12-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-12.1.3 Payment. Preparation, implementation and management of SW PPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-12.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these special provisions, the Contractor's responsibility for SW PPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work," of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the Handbook and these special provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between November 16 and April 14. It is anticipated that the contract work will be conducted during the dry season. Should contract work occur in the winter season, amendment to the SWPPP is required and erosion control measures will be paid per Section 3-3 of the SSPWC. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SW PPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. - Add the following section: 300-12.1.5 To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. Maintenance. Revised: 10/08/03 Contract No. 3883-1 Page 90 of 106 Pages The construction site inspection checklist provided in the Handbook shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the fiveday rain probability forecast exceeds fohy percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every 2 weeks. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-4.4 Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9417. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters in English .and Spanish to all property addresses on which work shall occur. Obtaining the appropriate addresses shall be the contractor’s responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. Example letters are provided in Appendix “A”. Public Convenience and Traffic Control. During construction, the Contractors schedule shall be designed to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. a Revised: 10/08/03 Contract No. 3883-1 Page 91 of 106 Pages Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences andor 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 Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine may be connected to either number and checked daily and inquiries responded to within 24 hours. 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 shalt submit the contents of the notification to the Engineer, including the translation to Spanish, for approval. The Contractor shall submit three (3) copies of the notification, in accordance with Section 2-5.3.3 of the Special Provisions. 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 3-112 inches by 8-112 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown in the following example, with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. 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. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The surface course shall be 50 mm (2") thick. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. a Revised: 10/08/03 Contract No. 3883-1 Page 92 of 106 Pages SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.3 Driveway Entrances. add the following: Construct PCC Driveway (G-14, Type A) shall consist of constructing new PCC driveway per San Diego Area Regional Drawing G-14, Type A and as shown on the plans. Widths and centerline ' locations are as shown on the plans. Construct PCC driveway (private) shall consist of constructing a 5-1/2" thick PCC driveway apron in order to allow for a smooth transition to match existing driveways. Limits of aprons and typical section are as shown on the plans. Full compensation for conforming to the above requirements for Construct PCC driveway (private) and Construct PCC Driveway (G-14, Type A) shall include, but not be limited to, unclassified excavation and fill, removal of existing PCC driveway, Class 560 -C3250 PCC Concrete, as well as furnishing all labor, tools, materials and equipment necessary for doing the work and shall be included in the contract unit price bid per square foot and no additional compensation will be allowed therefore. 303-5.1.4 Access Ramp (Pedestrian Ramp) Construct Pedestrian Ramp shall include constructing ramps per appropriate San Diego Area Regional Drawings and details as shown on the plans. Construct Pedestrian Ramp shall include, but not be limited to, unclassified excavation and fill, sawcutting and removal of existing PCC sidewalk, reinforcing steel, anchor adhesive, Class 560 4- 3250 PCC Concrete, as well as furnishing all labor, tools, materials and equipment necessary for doing the work and shall be considered as included in the contract unit price bid per Square Foot and no additional compensation will be allowed therefor. 303-5.1.5 Construct PCC Cross Gutter Construct PCC Cross Gutter shall consist of removing existing PCC cross gutter and replacing per appropriate San Diego Area Regional Drawings (high early strength concrete) modified by City of Carlsbad standards to construct 7-112" thickness and smooth trowel flow line and as shown on the plans. Construct PCC Cross Gutter shall include: Full compensation for conforming to the requirements of Construct PCC Cross Gutter shall include, but not be limited to, sawcutting and removing existing cross gutter, unclassified excavation, Class 560 4-3250 PCC Concrete, and shall be considered as included in the contract unit price bid per Square Foot and no additional compensation will be allowed therefore. Work shall be completed on Saturday when traffic volumes low work associated with this item shall not be required to pay overtime or weekend inspection fees. Concrete shall be high early strength and attain a compressive strength of 2000 psi at 6 hours. Work shall be completed in one day. @ Revised: 10/08/03 Contract No. 3883-1 Page 93 of 106 Pages 303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2@) Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W S RW 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 304 - METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction. add the following: Chain-link fences within right-of-way as noted on the plans shall be removed, salvaged and replaced within the adjacent private property line. If fence cannot be salvaged, fence shall match height of existing chain link fence located at each property affected. Chain-link fence and the fence shall conform to SDRS drawings M-6 and M-20. 304-3.3 Installation of Gates. add the following: necessary to permit proper operation of gate. Gates shall be relocated and fence removed as SECTION 305 - TIMBER STRUCTURES 305-2.1 General. Delete the sentence and add the following: Wood fence shall match existing materials, design, height and color of the existing wood fence located at each property affected as noted on the plans. Contractor shall prepare and submit a detail for the wood fence for each of the properties affected prior to demolition and removal of the fence. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless othetwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. size of the proposed excavation. 3. Weather conditions. Revised: 10/08/03 Contract No. 3883-1 Page 94 of 106 Pages The following formula shall be used to score the permitted use of steel plate bridging: PS E [ ADT + EWL + DAYS + io X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED lkmh) + SLOPE X 1001 X LANES PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED lrnDh) + SLOPE X 1001 X LANES lo00 8 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE LANES plate score. average daily traffic as defined in the CALTRANS Traffic Manual. equivalent wheel loads as defined in the CALTRANS Traffic Manual. total number of 24 hour periods during which the plates will be utilized at the site being considered. total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibillty of rain exceeds 40 percent. the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50) up and downstream of the position of the proposed steel plate bridging. the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health qr safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of c) Steel plate bridging shall be installed to operate with minimum noise. sole discretion of the Engineer, it is approved as specified hereinbefore. the trench. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. @ Revised: 10/08/03 Contract No. 3883-1 Page 95 of 106 Pages Method 1 [For speeds more than 70 Kdhr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length.equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6) of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12” x W) steel bolts placed through the plate and driven into holes drilled 300 mm (12) into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. 0.3m (10) 0.6 m (23”) Add the following section: 306-1.1.7.4 Materials. Table 306-1.1.7.4(A) The minimal thickness of steel plate bridging shall be as shown in TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (’) I Minimum Plate Thickness . 13 mm (l/$) 19 mm 13/2) 0.8 m (31”) 1 .O m (41”) 1.6 m 163”) 22 mm (’/*”) 25 mm (1”) 32 mm I1 %in) I \. ’. I -- . . . . . . \-- I ... (1) For spans greater than 1.6 m (5’1, a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2i5.3. - - Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. Revised: 10/08/03 Contract No. 3883-1 Page 96 of 106 Pages 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1 S.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1 5.1, ‘Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for Sempra’s electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Adelphia Cable will supply and deliver conduits and fittings to be installed by the Contractor. Adelphia Cable will install enclosures. The Contractor will furnish and install 6.4 mm (W) nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless othetwise noted orl plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 310 - PAINTING 31 0-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (I/<) in 3 m (lo’) when measured parallel to the centerline of the street or more than 6 mm (’/;) in 3 m (IO’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. Revised: 10/08/03 Contract No. 3883-1 Page 97 of 106 Pages 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 1OOmm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 31 0-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. Add the following section: 31 0-5.6.1 1 Preformed Thermoplastic Pavement Markings. For asphalt concrete pavement the Contractor shall be apply preformed thermoplastic pavement markings using the propane torch method recommended by the manufacturer. The 'preformed thermoplastic pavement markings shall not be applied at ambient and road temperatures below 08 C (328 F). The Contractor shall clean, dry and remove all debris from the pavement before applying preformed thermoplastic pavement markings. Portland cement concrete pavement the Contractor shall use the same application procedure as described for asphalt concrete pavement. However, at the Contractor's option a compatible primer sealer may be applied before application to assure proper adhesion. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 31 0-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations shown on plans and as specified herein. Add the following 'section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and striping payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. @ Revised: 10/08/03 Contract No. 3883-1 Page 98 of 106 Pages SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: - .. 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer‘s instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 31 2 “Pavement Marker Placement and Removal”, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 31 2-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 31 3-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. . Revised: 10/08/03 Contract No. 3883-1 Page 99 of 106 Pages The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, ”Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 31 3-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 21 0-1.5 “Paint Systems” and 31 0 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201 -1, “Portland Cement Concrete” and 303-1 “Concrete Structures”.” Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/Bl)) thick plate welded on the upper end with a 5-mm (3/r$) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. . @ Revised: 10/08/03 Contract No. 3883-1 Page 100 of 106 Pages Add the following section. 31 3-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be .installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, ”Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 31 3-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be “Energite 111” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules’’ manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard DrawingsTl and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. ’ Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump- sum item for traffic control and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. - e Revised: 10/08/03 Contract No. 3883-1 Page 101 of 106 Pages ,--. . AP P EN D IX "A" RESIDENT NOTIFICATION a Revised: 10/08/03 Contract No. 3883-1 Page 102 of 106 Pages APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE i CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76U)XXXXXXX FIELD # (760) XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be widened, beginning in two or three weeks. This process requires partial closure of your street during the day starting at 7:OO a.m. and continuing until the Contractor removes the traffic control devices between 3:30 p.m. and 4:OO p.m. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 %“ x 8 %“ card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the new street or concrete paved areas until it has dried. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting for the improvements to dry. If you don’t plan to leave your home before 7:OO a.m. on the days your street will be under construction, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the new improvements or you will have black residue on the bottom of your shoes. The residue will damage some surfaces, will mark all surfaces that you track it on and will be very difficult to remove. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hours per day attended telephone number in the 760 area code) for any questions you may have about the project. Work will be phased to allow trash collection. If you have a moving company scheduled to come to your house within the next two months, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City’s Engineering Inspection Department at (760) 602- 2780, extension 7301. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated. @ Revised: 10/08/03 Contract No. 3883-1 Page 103 of 106 Pages (Name of Contractor) (Address of Contractor) (ContractoPs License Number) (Date) As a part of the City of Carisbad’s ongoing program to maintain its streets, your street will be sealed with a mixture of asphalt and sand, beginning in two or three weeks. This process requires that your street be closed for one day starting at 7:OO a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 ‘/2’ x 8 Y2’ card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the sealed street until it has dried. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting for the seal to dry. If you don’t plan to leave your home before 7:OO a.m. on the day your street will be sealed, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly sealed street or you will have black residue on the bottom of your shoes. The residue will damage some surfaces, will mark all surfaces that you track it on and will be very difficult to remove. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. Sealing of your street will not occur on the day your trash is collected. On the day the your street is sealed mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 ‘hn x 8 %in card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City’s Engineering Inspection Department at 438-1 161, extension 4323. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is ’greatly appreciated.” @ Revised: 10/08/03 Contract No. 3883-1 Page 104 of 106 Pages a Revised: 10/08/1 MUESTRA DE NOTFICACION AL RESIDENTE APENDICE “A” TRABAJO DE CAMINOS CIUDAD DE CARLSBAD CONSTRUCTORA ABC OFlClNA # (760) XXX-XXXX CAMPO # (760) XXX-XXXX Estimado Residente: Como parte del programa continuo para mantener las calles de la Ciudad de Carlsbad, se ampliard su calle comenzando en dos 6 tres semanas. Este proceso requiere cerrar su calle parcialmente durante el dia, ernpezando a las 7 a.m. y continuando hasta que el contratista remueva 10s aparatos de control de trdnsito entre 3:30 p.m. y 4:30 p.m. Se le notificard con 72 horas de anticipacion por medio que su calle sera cerrada por rnedio de una tarjeta de color brillante de 3 YZ por 8 YZ pulgadas pegada a la perilla de su puerta. Tarnbien notard anuncios temporales de ‘no estacionarse’ en su calle con la fecha especlfica de ‘no estacionarse’ escrita. Un programa de mantenimiento de calles exitoso depende de su cooperaci6n. Por favor no maneje, camine, juegue, patine 6 permita mascotas en la calle nueva 6 en las areas de concreto pavimentadas hasta que hayan secado. Ademas, no lave su auto 6 prenda el sistema de riego mientras espera a que las mejoras sequen. Si usted no planea salir de su casa antes de las 7:30 a.m. 10s dias en que su calle estard bajo construcci6n, y necesita usar su auto mas tarde durante el dia, por favor estacione su auto en una calle adyacente que no este marcada corno zona de ‘no estacionarse’. Cuando camine hacia y desde su auto, recuerde no caminar sobre las rnejoras 6 tendrd residuo negro en la suela de sus zapatos. El residuo daiiarh algunas superficies, marcara todas las superficies por donde camine y sera rnuy dificil de remover. (Nombre del Contratista) es el Contratista que Ilevard a cab0 las mejoras de asfalto para la ciudad y les puede llamar a1 (numero de tel6fono en el area 760 atendido las 24 horas del dia) para cualquier pregunta que usted tenga sobre este proyecto. El trabajo se hard en fases para perrnitir la recolecci6n de basura. Si usted tiene planes con alguna compaiiia de mudanzas para que vengan a su casa en 10s pr6ximos dos meses, por favor llame a1 contratista e inf6rrnele de la fecha. Si tiene alguna duda, que el Contratista no haya mencionado, por favor llame a1 Departamento de Ingenieria de la ciudad a1 (760) 602-2780, extension 7301. Le asistirdn en resolver sus dudas. La Ciudad de Carlsbad tiene algunas de las mejores calles en el condado debido a la preocupacion y cooperaci6n de ciudadanos como usted. Se le agradece infinitarnente su cooperacibn. Page 105 of 106 Pages (Nombre del Contratista) (Domicilio del Contratista) (Numero de Licencia del Contratista) (Fecha) Como parte del programa continuo para mantener las calles de la Ciudad de Carlsbad, se ampliari su calle comenzando en dos 6 tres semanas. Este proceso requiere cerrar su calle parcialmente durante el dial empezando a las 7 a.m. y continuando hasta que el contratista remueva 10s aparatos de control de transit0 entre 3:30 p.m. y 4:30 p.m. Se le notificara con 72 horas de anticipacion por medio que su calle sera cerrada por medio de una tarjeta de color brillante de 3 M por 8 M pulgadas pegada a la perilla de su puerta. Tambien notara anuncios temporales de ‘no estacionarse’ en su calle con la fecha especifica de ‘no estacionarse’ escrita. Un programa de mantenimiento de calles exitoso depende de su cooperacion. Por favor no maneje, camine, juegue, patine 6 permita mascotas en la calle nueva 6 en las areas de concreto pavimentadas hasta que hayan secado. Ademas, no lave su auto 6 prenda el sistema de riego mientras espera a que las mejoras sequen. Si usted no planea salir de su casa antes de las 7:30 a.m. 10s dias en que su calle estara bajo construccion, y necesita usar su auto mas tarde durante el dial por favor estacione su auto en una calle adyacente que no este marcada mmo zona de ‘no estacionarse’. Cuando camine hacia y desde su auto, recuerde no caminar sobre las mejoras 6 tendra residuo negro en la suela de sus zapatos. El residuo daiiara algunas superficies, marcara todas las superficies por donde camine y sera muy dificil de remover. (Nombre del Contratista) es el Contratista que Ilevara a cab0 las mejoras de asfalto para la ciudad y les puede llamar al (n6mero de telefono en el area 760 atendido las 24 horas del dia) para cualquier pregunta que usted tenga sobre este proyecto. El trabajo se hara en fases para permitir la recoleccion de basura. Si usted tiene planes con alguna compaiiia de mudanzas para que vengan a su casa en 10s proximos dos meses, por favor llame al contratista e informele de la fecha. Si tiene alguna duda, que el Contratista no haya mencionado, por favor llame al Departamento de Ingenieria de la ciudad al (760) 602-2780, extension 7301. Le asistiran en resolver sus dudas. La Ciudad de Carlsbad tiene algunas de las mejores calles en el condado debido a la preocupacion y cooperacion de ciudadanos como usted. Se le agradece infinitamente su cooperacion. APPENDIX IIB" STORM WATER POLLUTION PREVENTION PLAN .- STORM-WATER POLLUTION PREVENTION PLAN for - CONTRACT NO. 3883-1 Prepared for: City of Carlsbad Public Works 1635 Faraday Avenue Carlsbad, CA 92008 Submitted by: Project Site Address: Contractor's Water Pollution Con fro1 Manager: SWPP Prepared by: S WPPP Preparation Date: Contents Page Section I00 100.1 100.2 100.3 Section 200 200.1 200.2 Section 300 300.1 300.2 300.3 300.4 300.5 Section 400 Section 500 500.1 500.2 500.3 500.4 500.5 500.6 500.7 500.8 500.9 Section 600 600.1 600.2 600.3 SWPPP Certifications and Approval ............................................................... i Initial SWPPP Certification ................................................................................. 1 SWPPP Approval ............................................................................................... 2 SWPPP Amendments ...................................................................................... 4 Amendment Log ................................................................................................. 6 Annual Compliance Certification ........................................................................ 3 SWPPP Amendment Certification and Approval ................................................ 4 introduction and Project Description ............................................................. 7 Introduction and Project Description ................................................................... 7 Unique Site Features ....... : ................................................................................. 7 Construction Site Estimates ............................................................................... 7 Project ScheduleMlater Pollution Control Schedule ........................................... 7 Contact Information/List of Responsible Parties ................................................. 7 References ......................................................................................... ..: ............ 9 Body of SWPPP .............................................................................................. 10 Objectives ........................................................................................................ 10 Vicinity Map ...................................................................................................... 10 Pollutant Source Identification and BMP Selection ........................................... 11 500.3.1 Inventory of Materials and Activities that May Pollute Storm Water ......................................................................... 11 500.3.2 Existing (pre-construction) Control Measures ................................... 11 500.3.3 Nature of Fill Material and Existing Data Describing the Soil ............ 12 500.3.4. Soil Stabilization (Erosion Control) ................................................... 12 500.3.5 Sediment Control ............................................................................. 13 500.3.6 Tracking Control ............................................................................... 14 500.3.7 Wind Erosion Control ....................................................................... 14 500.3.8 Non-Storm Water Control ................................................................. 14 500.3.9 Waste Management and Materials Pollution Control ........................ 15 Water Pollution Control Drawings (WPCDs) ..................................................... 15 Construction BMP Maintenance, Inspection and Repair ................................... 15 Post-Construction Storm Water Management .................................................. 15 500.6.1 Post-Construction Control Practices ................................................. 15 500.6.2 OperationIMaintenance after Project Completion ............................. 16 Training ............................................................................................................ 16 List of Subcontractors ...................................................................................... 16 Other Plans/Permits ......................................................................................... 16 Monitoring Program and Reports ................................................................. 17 Site Inspections ................................................................................................ 17 Discharge Reporting ........................................................................................ 17 Record Keeping and Reports ........................................................................... 17 SWPPP Attachments Attachment A .................................................................................................. Vicinity Map Attachment B ................................................................. Water Pollution Control Drawings Attachment C ....................................................................... BMP Consideration Checklist Attachment D ............................................................................. Intentionally Not Included Attachment E ............................................................................. Intentionally Not Included Attachment F .............................................................................. Intentionally Not Included Attachment G . Program for Maintenance, Inspection, 81 Repair of Construction Site BMPs Attachment H ......................... Storm Water Quality Construction Site Inspection Checklist Attachment I .................................................................. Trained Contractor Personnel Log Attachment J ...................................................... Subcontractor Notification Letter and Log Attachment K ................................................ Notice of Discharge, Written Notice or Order Attachment L ................................................... SWPPP and Monitoring Program Checklist Attachment M ..................................................... Annual Certification of Compliance Form Attachment N ..................................................................................... Other Plans/Permits Storm Water Pollution Prevention Plan (SwpPp) Contract No. 3883-1 Section 100 SWPPP Certifications and Approval 100.1 Initial SWPPP Certification Project Name: JEFFERSON STREET City of Carlsbad Contract No. 3883-1 "I certify under a penalty of law that this document and all attachments were prepared under my direction or ,supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Contractor's Signature Date Contractor's Name and Title Telephone Number Stonn Water Pollution Prevention Plan (SWPPP) Contract No. 38834 100.2 SWPPP Approval For City of Carlsbad Use Only City Approval and Certification of the Storm Water. Pollution Prevention Plan ' Project Name: JEFFERSON STREET City of Carlsbad Contract No. 3883-1 "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Engineer's Signature Date Engineer's Name Engineer's Telephone Number Storm Water Pollution Prevention Plan (SWPPp) Contract No. 3883-1 100.3 Annual Compliance Certification By June 15 of each year, the contractor shall submit an Annual Certification of Compliance to the Engineer stating compliance with the terms and conditions of the Permits and the SWPPP. The Annual Certification of Compliance Form and Engineer Approval form are included in Attachment M. Completed Annual Certifications of Compliance and Approvals can be found in the following pages. Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 -- Section 200 SWPPP Amendments 200.1 SWPPP Amendment Certification and Approval This SWPPP shall be amended: e Whenever there is a change in construction or operations which may affect the discharge of pollutants to surface waters, groundwater(s), or a municipal separate storm sewer system (MS4); or If any condition of the Permits is violated or the general objective of reducing or eliminating pollutants in storm water discharges has not been achieved. If the RWQCB determines that a Permit violation has occurred, the SWPPP shall be amended and implemented within 14 calendar days after notification by the RWQCB; 0 0 Annually, prior to the defined rainy season, when required by the project's Special Provisions; and 0 When deemed necessary by the Engineer. The amendments for this' SWPPP, along with the Contractor's Certification and the Engineer's approval, can be found in the following pages. Amendments are listed in the Amendment Log in section 200.2 Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 SWPPP Amendment No. Project Name: JEFFERSON STREET City of Carlsbad Contract No. 3883-1 To be Completed by Contractor "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Contractor's Signature Date Contractor's Name and Title Telephone Number For Cify of Carlsbad Use Only Engineer's Approval and Certification of the Storm Water Pollution Prevention Plan Amendment "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Engineer's Signature Date Engineer's Name Engineer's Telephone Number Storm Water Pollution Prevention Plan (SWPPP) Contract No. 38834 1 200.2 Amendment Log Project Name: JEFFERSON STREET City of Carlsbad Contract No. 3883-1 I I I Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 Section 300 Introduction and Project Description 300.1 Introduction and Project Description The project is the construction of new sidewalks, reconstruction of existing sidewalks, removal of diseased palm trees and road widening on Jefferson Street between Chinquapin and Magnolia 300.2 Unique Site Features The project is the widening of an existing roadway. There are not any unique features. 300.3 Construction Site Estimates The project is within the existing right-of-way. This project will not increase run-off and no further hydrologic or hydraulic analysis is requested. Estimated areas of construction, including utility trenching, pavement removal and sidewalk removal, are: North of Tamarack Av, east side: North of Tamarack Av, west side: South of Tamarack Av, east side: 21,269 SF 2,851 SF 6,495 SF 300.4 Project ScheduleMlater Pollution Control Schedule Estimated Construction Start: Estimated Construction Finish : Mobilization of Equipment: Clear and Grub: Implement BMP's: Installation of underground utilities: Implementation of saw-cutting BMP's: Sawcutting: Subgrade preparation: Install temporary concrete washout: Construct concrete structures: Remove temporary concrete washout and restore area: Storm Water Pollution Prevention Plan (SWPPP) Contract NO. 388s; Construct paving: 1- Landscape for Erosion Control: - 300.5 Contact Information/List of Responsible Parties The Water Pollution Control Manager (WPCM) assigned to this project is: Storm Water Pollution Prevention Plan (SWPPP) Contract NO. 3883-1 The WPCM shall have primary responsibility and significant authority for the implementation, maintenance, inspection and amendments to the approved SWPPP. Duties of the Contractor's WPCM include, but are not limited to: 0 0 0 0 0 0 0 0 0 Ensuring full compliance with the SWPPP and the Permit Implementing all elements of the SWPPP including, but not limited to: - Implementation of prompt and effective erosion and sediment control measures - Implementing all non-storm water management, and materials and waste management activities such as: monitoring discharges (dewatering , diversion devices), general site cleanup, vehicle and equipment cleaning, fueling and maintenance, spill control, ensuring that no materials other than storm water are discharged in quantities which will have an adverse effect on receiving waters or storm drain systems, etc. Pre-storm inspections Post-storm inspections Storm event inspections Preparing annual compliance certification Ensuring elimination of all unauthorized discharges The Contractor's WPCM shall be assigned authority by the Contractor to mobilize crews in order to make immediate repairs to the control measures Coordinate with the Engineer to assure all of the necessary correctionshepairs are made immediately, and that the project complies with the SWPPP, the Permit and approved plans at all times Storm Water Pollution Prevention Plan (SWPP) Contract - No. 3883-1 Section 400 References The following documents are made a part of this SWPPP by reference: e Project plans and specifications no. 3883-1, DWG 401-7, and Dwg. 401-7A dated January 8, 2004, prepared by City of Carlsbad. California Regional Water Quality Control Board Order No. 2001-01 , NPDES No. CAS01 08758, National Pollutant Discharge Elimination System (NPDES) Permit. Caltrans Storm Water Quality Handbooks, Construction Site Best Management Practices Manual, dated November 2000. e Caltrans Storm Water Quality Handbooks, SWPPPMPCP Preparation Manual, dated November 2000. e City of Carlsbad Coastal Development Permit CDP 02-1 1 a Storm Water Pollution Prevention Plan (SWPPp) Contract No. 3883-1 Section 500 Body of SWPPP 500.1 Objectives This Storm Water Pollution Prevention Plan (SWPPP) has four main objectives: 0 Identify all pollutant sources, including sources of sediment that may affect the quality of storm water discharges associated with construction activity (storm water discharges) from the construction site, and 0 Identify non-storm water discharges, and 0 Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non-storm water discharges from the construction site during construction, and 0 Develop a maintenance schedule for BMPs installed during construction designed to reduce or eliminate pollutants after construction is completed (post-construction BMPs). This SWPPP conforms with the required elements of Permit No. CAS0108758 issued by the State of California, State Water Resources Control Board (SWRCB). This SWPPP will be modified and amended to reflect any changes in construction or operations that may affect the discharge of pollutants from the construction site to surface waters, groundwaters, or the municipal separate storm sewer system (MS4). The SWPPP will also be amended if it is in violation of any condition of the Permit or has not achieved the general objective of reducing pollutants in storm water discharges. The SWPPP shall be readily available on-site for the duration of the project. 500.2 Vicinity Map The construction project vicinity map showing the project location, surface water boundaries, geographic features, construction site perimeter, and general topography, is located in Attachment A. The project's Title Sheet provides more detail regarding the project location and is also included in Attachment A. Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 500.3 Pollutant Source Identification and BMP Selection 500.3.1 Inventory of Materials and Activities that May Pollute Storm Water The following is a list of construction materials that will be used and activities that will be performed that will have the potential to contribute pollutants, other than sediment, to storm water runoff control practices for each activity are identified in the Water Pollution Control Drawings (WPCDs) and/or in sections 500.3.4 through 500.3.9: 0 Vehicle fluids, including oil, grease, petroleum and coolants 0 Asphaltic emulsions associated with asphalt concrete paving operations 0 Cement materials associated with PCC paving operations, drainage structures and underground utilities 0 Paints, solvents and thinners 0 Wood products 0 Fertilizers and herbicides 0 Construction activities that have the potential to contribute sediment to storm water discharges include: 0 Clear and grub operations 0 Grading operations 0 0 Utility excavation operations Soil, asphalt and concrete export operations 0 0 Attachment C lists all Best Management Practices (BMPs) that are either minimum requirements or special contract requirements, and all BMPs selected by the Contractor for this project. Implementation and location of BMPs are shown on the WPCDs in Attachment B. Narrative descriptions of BMPs to be used during the project are listed by category in each of the following SWPPP sections. 500.3.2 Existing (Pre-Construction) Control Measures The following are existing (pre-construction) control measures encountered within the project site: 0 The site is located in an established neighborhood with existing paved and landscaped surfaces. 0 Curb and gutter direct storm runoff to City owned and maintained storm drain system. Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 500.3.3 Nature of Fill Material and Existing Data Describing the Soil The proposed project requires the removal of existing sidewalk and fill placed historically to construct road widening and sidewalk. This is an existing residential neighborhood. It is not anticipated to encounter pollutants other than those generated in an urban area. 500.3.4 Soil Stabilization (Erosion Control) Soil stabilization, also referred to as erosion control, consists of source control measures that are designed to prevent soil particles from detaching and becoming suspended in storm water runoff. Soil stabilization BMPs protect the soil surface by covering andlor binding soil particles. This project will incorporate minimum temporary soil stabilization requirements, temporary soil stabilization measures required by the contract documents, and other measures selected by the contractor. This project will utilize and implement the following principles for effective temporary and final soil stabilization during construction: 1. 2. 3. 4. 5. 6. 7. Preserve existing vegetation where required and when feasible. Apply temporary soil stabilization (erosion control) to remaining active and non-active areas as required by the Construction Site BMPs Manual and the Special Provisions. Reapply as necessary to maintain effectiveness. Implement temporary soil stabilization measures at regular intervals throughout the defined rainy season to achieve and maintain the contract's disturbed soil area requirements. When the project's Special Provisions require it, temporary soil stabilization will be implemented 20 days prior to the defined rainy season. Stabilize non-active areas within 14 days of cessation of construction activities. Control erosion in concentrated flow paths by applying erosion control blankets, erosion control seeding, and lining swales as required in the Special Provisions. Landscape will be replaced to areas deemed substantially complete by the Engineer during the defined rainy season. At completion of construction, apply permanent erosion control to all remaining disturbed soil areas. Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 Sufficient quantities of temporary soil stabilization materials will be maintained on-site to allow implementation in conformance with Caltrans requirements and described in this SWPPP. This includes implementation requirements for active areas, non-active areas, and areas that require deployment before the onset of rain. Implementation and locations of temporary soil stabilization BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B and/or described in this section. The BMP Consideration Checklist in Attachment C indicates the BMPs that will be implemented to control erosion on the construction site; these are: 0 SS-1, Scheduling Implementation of Soil Stabilization BMPs BMPs will be deployed in a sequence to follow the progress of grading and construction. As the locations of soil disturbance change, erosion and sedimentation controls will be adjusted accordingly to control storm water runoff at the downgrade perimeter and drain inlets. BMPs will be mobilized as follows: Year-round:The water pollution control manager will monitor weather using National Weather Service reports to track conditions and alert crews to the onset of rainfall events.Disturbed areas will be stabilized, as required by Tables 2-2 and 2-3 of the Construction Site Best Management Practices Manual, with temporary soil stabilization or with permanent erosion control as soon as possible after grading or construction is complete. During the rainy seas0n:Disturbed areas will be stabilized with temporary or permanent soil stabilization (erosion control) before rain events.Disturbed areas that are substantially complete will be stabilized with permanent soil stabilization (erosion control) and vegetation (if within seeding window for seed establishment).Prior to forecast storm events, temporary soil stabilization BMPs will be deployed and inspected. During fhe non-rainy season:The project schedule will sequence construction activities with the installation of both soil stabilization and sediment control measures. The construction .t schedule will be arranged as much as practicable to leave existing vegetation undisturbed until immediately prior to grading. ,500.3.5 Sediment Control Sediment controls are structural measures that are intended to complement and enhance the selected soil stabilization (erosion control) measures. Sediment controls are designed to intercept and settle out soil particles that have been detached and transported by the force of water. This project will incorporate minimum temporary sediment control requirements, temporary sediment control measures required by the contract documents, and other measures selected by the contractor. The temporary sediment control BMPs selected are adequate to prevent a net increase of sediment in storm water discharge relative to pre-construction levels. , Sufficient quantities of temporary sediment control materials will be maintained on-site throughout the duration of the project, to allow implementation of temporary sediment controls in the event of predicted rain, and for rapid response to failures or emergencies, in conformance Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 with other Caltrans requirements and as described in this SWPPP. This includes implementation requirements for active areas and non-active areas before the onset of rain. Implementation and locations of temporary sediment control BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B. The BMP Consideration Checklist in Attachment C indicates all the BMPs that will be implemented to control sediment on the construction site, these are: 0 SC-1, Silt Fence 0 0 SC-7, Street Sweeping and Vacuuming SC-IO, Storm Drain Inlet Protection (if required due to use of construction water) Implementation of Temporary Sediment Controls. Temporary sediment control BMPs will be deployed according to the schedule shown in SWPPP section 300.4. During the rainy season, temporary sediment controls will be implemented at the draining perimeter of disturbed soil areas, at the toe of slopes, at storm drain inlets and at outfall areas at all times. During the non-rainy season, temporary sediment controls will be implemented at the draining perimeter of disturbed soil areas and at storm drain downstream from disturbed areas before rain events. During the non-rainy season, in the event of a predicted storm, the following temporary sediment control materials will be maintained on-site: silt fence materials, sandbags for linear barriers, fiber rolls. 500.3.6 Tracking Control The following BMPs have been selected to reduce sediment tracking from the construction site onto private or public roads: 0 SC-7, Street Sweeping and Vacuuming Road Cleaning BMPs - Street Sweeping and Vacuuming Road sweeping and vacuuming will be occur during soil hauling and as necessary to keep street surfaces clear of soil and debris. Washing of sediment tracked onto streets into storm drains will not occur 500.3.7 Wind Erosion Control The following BMPs have been selected to control dust from the construction site: 0 WE-I, Wind Erosion Control Storm Water Pollution Prevention Plan (SWPPP) Contract NO. 3883-1 Dust Control Potable water will be applied to disturbed soil areas of the project site to control dust and maintain optimum moisture levels for compaction. The water will be applied using water trucks. Water applications will be concentrated during the late summer and early fall months. BMP WE-1, Wind Erosion Control, and BMP NS-1, Water Conservation Practices, will be implemented to provide dust control and prevent discharges from dust control activities and water supply equipment. Water application rates will be minimized as necessary to prevent runoff and ponding and water equipment leaks will be repaired immediately. During windy conditions (forecast or actual wind conditions of approximately 25 mph or greater), dust control will be applied to DSAs, including haul roads to adequately control wind erosion. 500.3.8 Non-Storm Water Control An inventory of construction activities and potential non-storm water discharges is provided in Section 5.3.1. The BMP Consideration Checklist in Attachment C and the following list indicates the BMPs that have been selected to control non-storm water pollution on the construction site. Implementation and locations of some non-storm water control BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B. A narrative description of each BMP follows: 0 a a 0 NS-6, Illicit Connection/lllegal Discha'rge Detection and Reporting NS-8, Vehicle and Equipment Cleaning NS-9, Vehicle and Equipment Fueling NS-IO, Vehicle and Equipment Maintenance Illicit Connectionllllegal Discharge Detection and Reporting The contractor will implement BMP NS-6, Illicit Connection/lllegal Discharge Detection and Reporting throughout the duration of the project. Paving Operations The project will include placement of approximately 261 tons of AC pavement. Paving locations and adjacent storm drain intets are shown on WPCDs 2, 3, and 5. Paving operations will generally be conducted in August and September as shown on the project schedule in Section 300.4. BMP NS-3, Paving and Grinding Operations, will be implemented to prevent paving materials from being discharged off-site. Covers will be placed over each inlet adjacent to paving operations. The covers will consist of scrap carpeting placed over, and tucked under, each inlet grate. Following paving operations, the area will be swept, inlet covers will be removed, and the inlets will be inspected for paving materials. Storm Water Pollution Prevention Plan (SWPPP) Contract No. 38834 Vehicle and Equipment Operations 0 Several types of vehicles and equipment will be used on-site throughout the project, including graders, scrapers, excavators, loaders, paving equipment, rollers, trucks and trailers, backhoes, forklifts, generators, compressors, and traffic control equipment. BMPs NS-9, Vehicle and Equipment Fueling, and NS- IO, Vehicle and Equipment Maintenance will be utilized to prevent discharges of fuel and other vehicle fluids. Except for concrete washout, which is addressed in Section 500.3.8, vehicle cleaning will not be performed on-site. 0 All vehicle maintenance and mobile fueling operations will be conducted at least 15 yards away from operational inlets and drainage facilities and on a level graded area. Concrete and Asphaltic Cement Saw-cutting 0 The project will include saw-cutting in the sidewalk, curb and gutter, cross-gutters and the road. Saw-cutting locations and adjacent storm drain inlets are shown on WPCDs 2, 3, and 4. Estimated saw-cutting dates are shown on the schedule in Section 300.4. Saw-cutting operations will not be conducted during or immediately prior to rainfall events. Saw-cutting operations are expected to produce about 1.5 m3 of waste slurry consisting of water and fine PCC grit. 0 BMP WM-08, Concrete Waste Management, will be implemented to contain and dispose of saw-cutting slurries. Sandbags will be used to contain the slurry and prevent discharges to the storm drain system. Once contained by the sandbag barrier, the slurry will be vacuumed and discharged to the concrete washout facility described above. Dried and cured concrete wastes will be disposed off- site during concrete washout maintenance activities. ' Stonn Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 500.3.9 Waste Management and Materials Pollution Control An inventory of construction activities, materials, and wastes is provided in Section 5.3.1. The BMP Consideration Checklist in Attachment C and the following list indicates the BMPs that have been selected to handle materials and control construction site waste. A narrative description of each BMP follows. 8 WM-1, Material Delivery and Storage 8 WM-2, Material Use 8 WM-4, Spill Prevention and Control 8 WM-5, Solid Waste Management 8 WM-9, SanitaryKeptic Waste Management Material Delivery, Storage, and Use In general, BMPs WM-1 and WM-2 will be implemented to help prevent discharges of construction materials during delivery, storage, and use. The general material storage area will be located in the contractor's yard as shown on WPCD-4. A sandbag barrier (BMP SC-8) will be provided around the storage area to prevent run-on from adjacent areas. Two types of storagelcontainment facilities will be provided within the storage area to minimize storm water contact with construction materials: 0 Water-tight shipping containers will be used to store hand tools, small parts, and most construction materials that can be carried by hand, such as paint cans, solvents and grease. Very large items, such as light standards, framing materials, and stockpiled lumber, will be stored in the open in the general storage area. Such materials will be elevated with wood blocks to minimize contact with run-on. Aggregate and base materials will also be stockpiled in the general storage area and will be surrounded with additional sediment controls (Le., SC-8, Sandbag Barrier). . Spill clean-up materials, material safety data sheets, a material inventory, and emergency contact numbers will be maintained and stored in the office. Spill Prevention and Control BMP WM-4, Spill Prevention and Control, will be implemented to contain and clean-up spills and prevent material discharges to the storm drain system. Spill prevention is also discussed above in Material Delivery, Storage, and below in the following waste management and equipment maintenance sections. Waste Management BMP WM-5, Solid Waste Management, and BMP WM-6, Hazardous Waste Management will be implemented to minimize storm water contact with waste materials Storm Water Pollution Prevention Pian (SWPPP) Contract No. 3883-1 . and prevent waste discharges. Solid wastes will be. loaded directly into trucks for off- site disposal. When on-site storage is necessary, solid wastes will be stored in watertight dumpsters in the general storage area of the contractors yard. AC and PCC rubble will be stockpiled in the general storage area and will be surrounded with sediment controls (SC-8, Sandbag Barrier). Solid waste, including rubble stockpiles, will be removed and disposed off-site at least weekly. Coast Waste Management will provide solid waste disposal services. Hazardous wastes will be stored in the shipping containers or covered containment area discussed above for materials storage. Hazardous wastes will be appropriate and clearly marked containers and segregated from other non-waste materials. Contaminated Soil Management Contaminated soil management BMPs address the possibility of construction activity near contaminated soils. The construction site has no known history of contaminated soil or other impairments. However, employees will be instructed to recognize evidence of contaminated soil, such as buried debris, discolored soil, and unusual odors. Concrete Residuals and Washout Wastes This project includes placement of concrete. No discahrges are anticipated. Estimated pour dates are shown on the project schedule in Section 300.4. Concrete pours will not be conducted during or immediately prior to rainfall events. BMP WM-8, Concrete Waste Management, will be implemented, a concrete washout facility will be constructed and maintianed. All excess concrete and concrete washout slurries will be discharged to the washout facility for drying. BMP maintenance, waste disposal, and BMP removal will be conducted as described in WM-08. Dried-off concrete will be used as fill material if permitted by the City. Sanitary and Septic Wastes The contractor will implement BMP WM-9, Sanitary and Septic Waste Management, and portable toilets will be located and maintained at the contractors yard for the duration of the project. 500.4 The Water Pollution Control Drawings can be found in Attachment B of the SWPPP. 500.5 Construction BMP Maintenance, Inspection and Repair A program for Maintenance, Inspection and Repair of BMPs is shown in Attachment G. Water Pollution Control Drawings (WPCDs) Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 500.6 Post-Construction Storm Water Management 500.6.1 Post-Construction Control Practices The following are the post-construction BMPs that are to be used at this construction site after all construction is complete: .. Street Sweeping 0 Litter Control Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 500.6.2 OperationlMaintenance after Project Completion The post-construction BMPs that are described above will be funded and maintained as follows: Short Term Funding: City of Carlsbad Maintenance and Operations Budget Long Term Funding: City of Carlsbad Maintenance and Operations Budget The responsible party for the long-term maintenance of post-construction BMPs is the City of Carlsbad. 500.7 Training Section 300.5 shows the name of the Contractor's Water Pollution Control Manager (WPCM). This person has received the following training: 0 0 0 0 The training log showing formal and informal training of various personnel is shown in Attachment I. 500.8 List of Subcontractors All contractors and subcontractors will be notified of the requirement for storm water management measures during the project. a list of contractors will be maintained and included in the SWPPP. If subcontractors change during the project, the list will be updated accordingly. The subcontractor notification letter and log is included in the SWPPP as Attachment J. 500.9 Other PlanslPermits Attachment N includes copies of other local, state, and federal plans and permits. Following is a list of the plans and permits included in Attachment N: 0 California Regional Water Quality Control Board Order No. 2000-01, NPDES No. CAS01 08758, National Pollutant Discharge Elimination System (NPDES) Permit. 0 0 Storm Water Pollution Prevention Pian (SWPPP) Contract No. 3883-1 Section 600 Monitoring Program and Reports 600.1 Site Inspections ' The Contractor will inspect the site prior to a forecast storm, after a rain event that causes runoff from the construction site, at 24-hour intervals during extended rain events, and as specified in the project Special Provisions. The results of all inspections and assessments' will be documented and cop8ies of the completed inspection checklists will be maintained with the SWPPP. Site inspections conducted for monitoring purposes will be performed using the inspection checklist shown in Attachment H. The name(s) and contact number(s) of the assigned inspection personnel are listed below: Assigned inspector: Contact phone: 600.2 Discharge Reporting If a discharge occurs or if the project receives a written notice or order from any regulatory agency, the Contractor will immediately notify the Engineer and will file a written report to the Engineer within 7 days of the discharge event, notice, or order. Corrective measures will be implemented immediately following the discharge, notice or order. A sample discharge form is provided in Attachment K. The report to the Engineer will contain the following items: 0 The date, time, location, nature of operation, and type of unauthorized discharge, including the cause or nature of the notice or order; The control measures (BMPs) deployed before the discharge event, or prior to receiving notice or order; a The date of deployment and type of control measures (BMPs) deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent re-occurrence; and 0 An implementation and maintenance schedule for any affected BMPs. 600.3 Record Keeping and Reports Records shall be retained for a minimum of three years for the following items: a Site inspections a Compliance certifications 0 Discharge reports 0 Approved SWPPP document and amendments Storm Water Pollution Prevention Plan (SWPPP) Contract No. 3883-1 Attachment A 3883-1 Jefferson Street H:\CaDital Imrovsmsnf Program\3883-1 Jeffsrson Street Sidewalk Pmgram\mVPPPWtaclunenl A doc Attachment A Page A-1 Storm Water Pollution Prevention Plan (S WPPP)-Attachment B Jefferson Street Contract No 38831 ATTACHMENT B WATER POLLUTION CONTROL DRAWINGS .-- MODIFICATIONS TO THE CALTRANS CONSTRUCTION SITE BEST MAANGEMENT PRACTICES (BMPs) MANUAL The contract documents for the South Agua Hedoinda Interceptor Phase 111 Reach II shall be comprised of the current edition of the Construction Site Best Management Practices (BMPs) Manual published by Caltrans and as modified by the additions and substitutions listed below: Modifications to the Construction Site Best Management Practices: Delete all references to Resident Engineer (RE) and replace with Engineer (E) Replace all references to Section 7-1 .I 3 of the Standard Specifications and replace with Section 7-10.2 and 300-1.3 of the Standard Specifications for Public Works Construction (SSPWC). Replace all references to Section 7-1 0 of the Standard Specifications and replace with Section 7-8.lof the Standard Specifications for Public Works Construction (SSPWC). Replace all references to Section 15-1.02 of the Standard Specifications and replace with Section 7-9 of the Standard Specifications for Public Works Construction (SSPWC). Replace all references to Section 15-3.02 of the Standard Specifications and replace with Section 300-1.3 of the Standard Specifications for Public Works Construction (SSPWC). Delete all references to highway. SS-1: Delete any reference to seeding and revegetation. The work associated with this project shall occur entirely within the paved portion of the right-of-way SC-5: Add the following to Appropriate Applications May be used for inlet protection Replace the following under Removal Fiber rolls will not be left in place. Delete “If fiber rolls removed” and replace with “After fiber roll removal” SC-IO: Delete all references to sandbags and replace with gravel bags. SS-2: Delete reference to Environmentally Sensitive Areas (ESAs) and replace with Environmentally Sensitive Habitat Areas (ESHAs). NS-2: Reporting: Replace District Storm Water coordinator with Environmental Programs Manager. WM-8: Temporary Concrete Washout Facility (Type Above Grade). Delete reference to Section 12-3.04 “Portable delineators and replace with Flexible base glue down delineators and shall meet the following specifications: Post: WM-10: Appropriate applications: Add the following: Flushing of pipelines All pipeline flushing shall be into a desiltation basin. Contractor shall supply method to remove HDPE shaving that may be in the pipe prior to discharge from the basin and provide a method to remove shavings from the basin. Stom Water Pollution Prevention Plan (SWPP)-Attachment C Jefferson Street) Conbact No. 38831 ATTACHMENT C BMP CONSIDERATION CHECKLIST Storm Water Pollution Prevention Plan (SWPP)-Attachment C Jefferson Street) Contract No. 38831 I CONSTRUCTION SITE BMPS C 0 N S I D ERATlO N CHECKLIST The Contractor shall consider using all BMPs listed hereon. Those BMPs that are not included in the SWPPP shall be checked as “Not Used” with a brief statement describing why it is not beina used. All selected BMPs shall be included in the Schedule of Values, except for those stabilizing measures will be lemented as parts of Covers, & Erosion Control BlanketsMats project complete stabilizing measures will be implemented as parts of SS-8 Wood Mulching J Alternate temporary soil - stabilizing measures will be implemented as parts of project complete Temporary Concentrated Flow conveyance Controls SS-9 Earth Dikeddrainage J Not applicable to site ‘ SS-10 Outlet Protection/ J Not applicable to site SS-11 Slope Drains J Not applicable to site Swales & Lined Ditches Velocity Dissipation Devices (‘) The Contractor shall select one of the five measures listed or a combination thereof to achieve and maintain the contract’s rainy season disturbed soil area (DSA) requirements. Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be verified by the Contractor or determined by Construction Manager. CONSTRUCTION SITE BMPS C 0 N S I D E RAT I 0 N C H E C KL I ST Storm Wafer Pollution Prevention Plan (SWPPPJ-Attachment C Jeffenon Street) Contract No. 38831 The Contractor shall consider using all BMPs listed hereon. Those BMPs that are not included in the SWPPP shall be checked as “Not Used” with a brief statement describing why it is not being used. All selected BMPs shall be included in the Schedule of Values, except for those . TC-1 1 Stabilized Construction I I I I d 1 Not applicable to site in the SWPPP shall be checked as “Not Used” with a brief statement describing why it is not I .. I Entrance/ Exit TC-2 I Stabilized Construction I d I Not applicable to site .. Roadway Wash TC-3 Entranceloutlet Tire d Not applicable to site Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be verified by the Contractor or determined by Construction Manager. I CONSTRUCTION SITE BMPS I CONS I DE RAT1 0 N CHECKLIST The Contractor shall consider using all BMPs listed hereon. Those BMPs that are not included Storm Water Pollution Prevention Plan (S WPPP)-Attachment C Jefferson Street) Contract No. 38831 USED . . REQUIREMENT NS-1 Water Conservation J Practices I I I I NS-2 Dewatering Operations d No dewatering operations for this project. NS-3 Paving and Grinding d J ODe rati on s -0 NS-4 Temporary Stream d No stream crossing required for this project. Crossino I - I I I I I NS-5 Clear Water Diversion d No diversion required for this project. NS-6 Illicit Connection/lllegal d d Dischame Detection I And Reporting I NS-7 I Potable d d Waterll rrigation Vehicle and E quiprnent Operations NS-8 Vehicle and Equipment d d NS-9 Vehicle and Equipment d d NS-IO Vehicle and Equipment d d Cleaning Fueling Maintenance Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be verified by the Contractor or determined by Construction Manager. Storm Water Pollution Prevention Plan (S WPPPJ-Attachment C Jefferson Streeq . Contract No. 38831 CONSTRUCTION SITE BMPS CONS ID E RAT1 0 N C H EC KL I ST The Contractor shall consider using all BMPs listed hereon. Those BMPs that are not included in the SWPPP shall be checked as “Not Used” with a brief statement describing why it is not being used. All selected BMPs shall be included in the Schedule of Values, except for those items shown on the plans and paid for as a separate item or work No. REQUIREMENT CONTRACT USED NOT REASON (2) REQUIREMENT USED WM-1 Material Delivery and J J WM-2 Material Use d J Storage WM-3 Asphalt Concrete J Not applicable to project Stockpiles Control Management Management Management WM-8 Concrete Waste J J Management WM-9 SanitaryISeptic Waste J J Management WM-10 Liquid Waste 1 Management WM-4 Spill Prevention and J II WM-5 Solid Waste d J WM-6 Hazardous Waste J Not applicable to project WM-7 Contaminated Soil d Not applicable to project d I Not applicable to project I (*) Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be verified by the Contractor or determined by Construction Manager. Storm Water Pollution Prevention Plan (SWPPP) Jefferson Street Bi-weekly Prior to forecast storm Attachment G Repair or replace damaged vegetation per SS-1 working detail Repair damaged roots or compacted soils in the root zone Maintain continuous mulch cover over area to be protected. Re-spray hydraulic mulch as necessary. BMP Consideration Checklist The contractor shall use the following guidelines for maintenance, inspection, and repair 1 After a rain event that causes runoff from the oi TEL BEST MANAGEMENT PRACTICES (BMPs) SS-1 Scheduling Remove, dispose, and replace damaged, deteriorated, or otherwise unsuitable RMPs SS-2 Preservation of Existing Vegetation Daily SS-3 Hydraulic Mulch SS-7 Plastic Covers Remove BMPs when no longer needed, as directed by the Engineer. Repair surfaces damaged by BMP removal Inspect site access points daily TEN SC-8 Sandbag Barrier SC-10 Storm Drain Inlet Protection SC-7 Street Sweeping and Vacuuming I 3MPs identified in the SWPPMPCP (A., .._.._. -.-, I Weekly I Review and update as necessary Bi-wee kly Inspect protective fencing and repair or replace as necessary . After a rain event that causes runoff from the construction site At 24-hour intervals during extended rain events As soon as weather and soil conditions permit, repair any slope damage and re- spray damaged or exposed areas Replace and dispose tom or missing sections of plastic covers. Replace or supplement anchors as necessary to keep covers in place. I 'ORARY SEDIMENT CONTROL BMPs construction site At 24-hour intervals during extended rain events -.... - Replace tom sand bags as required. Remove retained sediments before they reach 1/3 of the barrier height or % of the sediment holding capacity Clean and dispose of accumulated sediment deposited in sediment traps around drainage inlets; re-secure silt fence as needed I Sweep tracked sediment 31 84 Cannon Road West Reach 2 Segment 2 Attachment G H:\Capital Improvement Programu883-1 Jefferson Street Sidewalk Program\SWPPp\sWPPP Altadmenh.doc Page 1 stom Water Pollution Prevention Plan (SWPPP) Jefferson Street BEST MANAGEMENT PRACTICES (BMPs) ,. . MAINTENANCEIREPAIR PROGRAM INSPECTION FREQUENCY (All controls) The contractor shall use the following guidelines for maintenance, inspection, and repair distribution equipment in good order and 1 fix leaks immediately I I TRACKING CONTROL BMPs At 24-hour intervals during I rn Sweep surrounding areas. TC-1 Stabilized Construction EntrancelExit NOE .- NS-6 Illicit Connection/lllegal Discharge Detection and Reporting Cleaning Fueling NS-8 Vehicle and Equipment NS-9 Vehicle and Equipment NS-10 Vehicle and Equipment Maintenance - extended rain events STORM WATER MANAGEMENT BMPs Weekly Inspect site during project execution for evidence of illicit discharges or illegal dumping. Observe site perimeter for evidence or potential of illicitly discharged or illegally dumped material which may enter the job site. Notify the Engineer of any illicit discharges or illegal dumping incidents at the time of discovery. Remove, dispose and replace damaged, deteriorated, or otherwise unsuitable BMPs Remove vehicles and/or equipment that leak. Replace drip pans or absorbent materials as needed. Restock spill materials. Remove BMPs when no longer needed, as directed by the Engineer. Repair slopes/surfaces damaged by BMP removal 3184 Cannon Road West Reach 2 Segment 2 H:\Caoital lmwagmant PrwramU883-1 Jefferson Street Sidewalk ProgramWPPPSWPPP Altachmants.dcc Attachment G Page E2 Storm Water Pollution Prevention Plan (SWPP) Jefferson Street The contractor shall use the following guidelines for maintenance, inspection, and repair I of BMPs identified in the SWPPPNVPCP BEST MANAGEMENT PRACTICES (BMPs) WM-1 Material Deliverv and WASTE MANAGEh Storage WM-2 Material Use WM-4 Spill Prevention and Control WM-5 Solid Waste Management WM-9 SanitaryKeptic Waste Management WM-8 Concrete Waste Management INSPECTION FREQUENCY (All controls) ZNT AND MATERIALS P( Weekly (All controls\ . __ .__ ZNT AND MATERIALS P( Weekly Prior to forecast storm After a rain event that causes runoff from the construction site At 24-hour intervals during extended rain events Weekly 31 84 Cannon Road West Reach 2 Segment 2 H\Capital ImDrOvBment PrwramU883-1 Jefferson Street Sidewalk proOram\mvppp\swPPP Attechments.doc MAINTENANCUREPAR PROGRAM LLWION CONTROL BmPs Keep storage areas clean, well organized, and equipped with ample clean-up supplies as appropriate for the materials stored Repair or replace perimeter controls, containment structures, covers and liners as needed to maintain proper function and protection Properly remove and dispose accumulated rainwater from containment facilities Cover any stockpiles with appropriate mats or covers. Maintain waste fluid containers in leak proof condition. Repair or replace dumpsters that leak Provide timely service and removal to prevent dumpsters and sanitary facilities from overflowing. Schedule Refuse Contractor to pick up waste containers weekly. rn Remove accumulated debris from concrete washouts. Replace lining and sand bags as necessary Attachment G Page Storm Wafer Pollution Prevention Plan (SWPP) Jefferson Street I Total Project Area Hectares Acres Rainy Season DSA Limit Hectares Acres Attachment H Storm Water Quality Construction Site Inspection Checklist GENERAL INFORMATION Project Name 3883-1 -Jefferson Street , icontractor Ilnspectofs Name I Inspectots Title Signature lDae of Inspection 1 1 Priortoforecastrain llnspection Type I(Check Applicable) 1 0 24-hr intervals during extended rain 0 After a rain event 0 Other Season Y (Check Applicable) D Non-Rainy I Storm Start Date & Time: I I Storm Duration (hrs): I .. Storm Data Time elapsed since last stom (Circle Applicable Units) Min. Hr. Days Amount (mm) Approximate Rainfall PROJECT AREA SUMMARY AND DISTURBED SOIL AREA (DSA) SEE LIMITS FROM SPECIAL PROVISIONS Field Estimate of Active DSAs Hectares Acres 3883-1 Jefferson Street HCepital Improvement ProgramUB83-1 Jefferson Street Sidewalk PrcgramWPPFSWPPP Atlachments.doc Attachment H Page H-1 Stonn Water Pollution Prevention Plan (SWPP) Jefferson Street !Location: IIII Location: IIII ILocation: IIII 3883-1 Jefferson Street Attachment H H:\Capital Improvement PrcgramU883-1 Jefferson Straet Sldewalk RogramWPPp\sWPPP Anechments.doc Page Storm Water Pollution Prevention Plan (SWPPP) JefFerson Street I OTHER REQUIREMENTS I lAre concentrated flow paths free of visible erosion? Ill1 1 ILocation: 1 ILocation: IIII II jLocation: Ill1 1 Location: LWind Erosion Control 3883-1 Jefferson Street H:\Ca~ilal lmorovement PwramU883-1 Jefferson Sbeet Sidewalk PrwramWPPWPPP Anachments.doc Attachment H Page H-3 Stonn Water Pollution Prevention Plan (SWPPP) Jefferson Street I OTHER REQUIREMENTS I Vehicle 8 Equipment Fueling, Cleaning, and Maintenance Are vehicle and equipment fueling, cleaning and maintenance areas reasonably clean and free of spills, leaks, or any other deleterious material? Are vehicle and equipment fueling, cleaning and maintenance activities performed on an impermeable surface in dedicated areas? If no. are driD Dans used? tun-on and runoff, and located at least 15 m from concentrated 3883-1 Jefferson Street H\Capilal Improvement PmgramW883-1 Jefferson Street Sidewalk RogramSWPPWPFP Attachments.doc Attachment H Page Stonn Water Pollution Prevention Plan (SWPP) Jefferson Street 3883-1 Jefferson Street H:\Cfipltal lmpmvement Rograrnw183-1 Jefferson Street Sdewalk Program\sWppp\swPPP Attachments.doc ~~ Attachment H Page H-5 Stonn Water Pollution Prevention Plan (S WPPP) Jefferson Street Location: 1 3883-1 Jefferson Street H.\Cepilal lrnpmvemenl PrograrnU883-1 Jefferson Slreel Sidewalk ProgramWPpp\swPPP Allachments.doc Attachment H Page I Storm Wafer Pollufion Prevention Plan (SWPPP) Jefferson Street Attachment I Storm Water Management Training Log Project Name: 3883- 1 Jefferson Street Storm Water Management Topic: (check as appropriate) 0 Temporary Soil Stabilization 0 Temporary Sediment Control 0 Wind Erosion Control Non-storm water management R Specific Training 0 bjective: R Tracking Control Waste Management and Materials Pollution Control Location: Date: I nst ructo r: Telephone: Attendee Roster (attach additional forms if necessary) Phone I Name I Company I COMMENTS: 3883-1 Jefferson Street Attachment I H:\Capital Improvement RogramW883-1 Jefferson Strest Sidewalk RogramWP~PpP Attabments.dcc Page 1-1 Storm Water Pollution Pmvention Plan (S WPPP) Jefferson Street Attachment J Subcontractor Notification Letter (Sample) and Notification Log Contractor Contractor Address Dear Sir/Madam, Please be advised that the California State Water Resources Control Board has adopted the NPDES Statewide Storm Water Permit (Permit) to the State of California, CA S0108758, Order No. 2001-01. The goal of the permit is prevention of discharge of pollutants associated with construction activity from entering the storm drain system, ground and surface waters. The City of Carlsbad has developed a Storm Water Pollution Prevention Plan (SWPPP) in order to implement the requirements of the Permits. As a subcontractor, you are required to comply with the SWPPP and the Permits for any work that you perform on site. Any person or group who violates any condition of the Permits may be subject to substantial penalties in accordance with state and federal law. You are encouraged to advise each of your employees working on this project of the requirements of the SWPPP and the Permits. A copy of the Permits and the SWPPP are available for your review at the construction office. Please contact me if you have further questions. Sincerely, Water Pollution Control Manager 3883-1 Jefferson Street Attachment J H:\Capital Improvement RopramU883-1 Jeffason Sbeal Sidewalk RogramWPpp\swPFP Attachments.doc Page Storm Water Pollution Prevention Plan (SWPP) Jefirson Street SUBCONTRACTOR NOTIFICATION LOG Project Name: 3883-1 Jefferson Street USE ADDITIONAL PAGES AS NECESSARY 3883-1 Jefferson Street Attachment J H:\Capital Improvement PrograrnU883-I Jeffmon Street Sidewalk PrcqrarnWPpRswppP Attachmf?nts.doc Page J-2 Storm Water Pollution Prevention Plan (SWPPP) Jefferson Street Attachment K Notice of Discharge, Written Notice, or Order To: , Public Works Construction Inspector Date: Insert Date Subject: Notice of Dischame Project Name: 3883-1 Jefferson Street ____ In accordance with the City of Carlsbad NPDES Statewide Permit for Storm Water Discharges Associated with Construction Activity, the following instance of discharge is noted: Date, time, and location of discharge Insert description and date of event Nature of the operation that caused the discharge insert description of operation Initial assessment of any impact cause by the discharge insert assessment Existing BMP(s) in place prior to discharge event list BMPs in place Date of deployment and type of BMPs deployed after the discharge. BMPs deployed seer the discharge (with dates) Steps taken or planned to reduce, eliminate andlor prevent recurrence of the discharge insert steps taken to prevent recurrence Implementation and maintenance schedule for any affected BMPs insert implementation and maintenance schedule If further information or a modification to the above schedule is required, notify the contact person below. Name of Contact Person Title Company Telephone Number Signature Date 3883-1 Jefferson Street Attachment K H:\CaplU lmpmvement Program\388>1 Jefferson Street Sidewalk prOgramWP~ppP Machments.doc Page Storm Water Pollution Pmvention Plan (SWPP) Jefferson Street CHECK IF ADDRESSED APPLICABLE NIA IF NOT X Attachment L Storm Water Pollution Prevention Plan (SWPPP) and Monitoring Program Checklist COMMEKIS SWPP Section 100 SWPP Certification and Approval CONSTRUCTION PROJECT: 3883-1 Jefferson Street I X 100.1 NO1 X 100.2 Related Permit Conditions X 200 SWPP Amendments CONTRACTOR: X X X 200.1 Amendment Certification and Approval 200.2 300 IntroductionProhct DescriRti on Amendment number and date entered into SWPPP - Amendment Log X X 300.1 300.2 Unique Site Features (narrative) Project Description and Location (narrative) X Project ScheduleMlater Pollution Control Schedule (narrative or graphical) 300.4 X X X X X 1 X 1500.2 I Site perimeter I I 300.5 Contact Information 400 References 500 Body of SWPP 500.1 Objectives 500.2 Vicinity Map (narrative or graphic) X X I 500.3 I , 500.2 Geographic Features 500.2 General topography I 3883-1 Jefferson Street H:\CaDital Immvement PrwramW883-1 Jefferson Street Sidewalk RoorarnWPPPWVPPP Machments.doc Attachment L Page L-I Storm Water Pollution Prevention Plan (SWPP) Jefferson Street 300.5 500.6 500.6.1 500.6.2 CHECK IF ADDRESSED SWPPP NIA IF NOT Section COMMENTS Name and phone number of person responsible for non-storm water management Description of post-constnrction BMPs OperationlMaintenance of BMPs after project completion (including short-term funding, POST-CONSTRUCTION APPLICABLE 500.5 300.5, 600.1 600.1, Attach. H REPAIR Name and phone number of person(s) responsible for inspections Complete inspection checklist: date, weather, inadequate BMPs, visual observations of BMPs, corrective action, inspector's name, I long-term funding and responsible party) _-- - I MAINTENANCE, INSPECTIONS, AND I 500.7 500.8 title, signature OTHER REQUIREMENTS Documentation of all training List of ContractordSubcontctors 100.1 I SECTION C: STANDARD PROVISIONS FOR CONSTRUCTION ACTIVITIES I COMMENTS ITEM Signed SWPPP Certification c.9, 10 CHECK IF ADDRESSED NIA IF NOT APPLICABLE 3883-1 Jefferson Street H:\CapiCal Improvema! RogramU-3-33-1 Jeffe-son Street Sidewalk Program\sWPpp\swPPP Attachments.doc Attachment L Page Storm Water Pollution Prevention Plan (SWPP) Jefferson Stmet ~ CHECK IF ADDRESSED SwpP , NIAIFNOT Section APPLICABLE 1500.6.1 I COMMENTS ITEM Listing or Description of Postconstruction BMPs Additional Information Inventory of materials and activities that may ollute storm water Percent impervious (before & afier) 1-/300.3 I 1300.5 Construction activity schedule Contact information I SOIL STABILIZATION (EROSION CONTROL) 500m4.1 The SWPPP shall Include: Areas of vegetation on site Areas of soil disturbance that will be stabilized during rainy season Areas of soil disturbance which will be exposedduringanypartoftherainyseason Implementation schedule for erosion control measures I I 500.3.4 I BMPs for erosion control I I I I 500.3.7 Y I 500.3.5 500.3.5 500.3.6 500.3.8 & 1 500.3.9 I 500.3.8 a 500.3.9 500.3.9 500.3.8 & 500.3.8 a I I 500.3.9 BMPs to control wind erosion SEDIMENT CONTROL Descriptionllllustration of BMPs to prevent increase of sediment load in discharge Implementation schedule for sediment control measures BMPs to control sediment tracking NON-STORM WATER MANAGEMENT Description of non-storm water discharges to receiving waters Locations of discharges Description of BMPs - 3883-1 Jefferson Street H:\Cadtsl lmnovement RwramUBB3-1 Jeffwson Street Sidewalk Proaram\sWPPp\swPFT Attachments.doc Attachment L Page L-3 Storm Water Pollution Prevention Pian (SWPP) Jefferson Street Description of Work: Attachment M Road Construction Annual Certification of Compliance for the Construction Contractor Project Name: 3883-1 Jefferson Street Work Planned for Next 12 Months: Contractor Company Name: Road construction Contractor Address: Work Now in Progress: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Contractor Signature: Date: 3883-1 Jefferson Street H:\Cll~ital lmptwemenl ProgramU883-1 Jeffersrm street Sidewalk PmgramWPPPBWPPP Attachments.dcc Attachment M Page Storm Water Pollution Prevention Plan (SWPP) Jeffenon Street NPDES PERMIT No. CAS0108758 REQUIREMENTS I CHECK IF ADDRES NIA IF NOT APPLICABLE I I 500.3 & 100 - 600 I 500.3.8 I ITEM SWPPP references and/or includes permanent and temporary BMPs SWPPP contains all elements required in the I H.1.b I I llclL I l7.L.V State General Permit. CAS000002 SWPPP limits application, generation, & migration of toxic substances Implementation of adequate Erosion and Sediment Controls after construction Copy of the Notification of Construction (NOC) SWPPP contains BMPs for mobile operations (material production or recycling operations) including AC recycling, PCC Recycling, Concrete Mixing, Crushing, 8 storage of materials that are established by the contractor on the construction site or on other property specifically arranged for by Caltrans. SWPPP applies to all areas that are directly H .6 H.7 H.8.a H.8.b related to construction including but not limited to staging & storage yards, material borrow areas, or access roads whether or not they H.8.b reside in CT RAN. The SWPPP contains RWQCB WDR requirements for projects that reuse Aerially Deposited Lead. (Applicable only for projects that reuse ADL soils.) H .9 3883-1 Jefferson Street H\Capital Improvement FTogram\3883-1 Jeff- Streel Sidewalk ProgramWpPp\sWPPP Altachmentsdcc Attachment L Page L-5 Stom Water Pollution Prevention Plan (SWPPP) Jefferson Street Attachment N Other Plans/Permits 3883-1 Jefferson Street H:\Capital Improvement ProgramuB83-1 Jefferson Street Sidewalk Rogram\SWPMPPF' Anachments.doc Reference: Coastal Development Permit 02-1 1 Standard Specifications for Public Work Construction Contract Documents Project Plans Special Provisions Attachment N Page Storm Water Pollution Prevention Plan (SWPPP) Jefferson Street Approval by the City for the Annual Certification of Compliance Findings I, and/or personnel acting under my direction and supervision, have inspected the project site and the work described above and find as follows: 1. 0 YES accordance with the SWPPP approved for the project. NO - Storm water polluiion control measures are being implemented in 2. 0 YES 0 NO The project site and activities thereon are in compliance with the Caltrans Statewide NPDES Permit No. CAS0108758, and local NPDES permits, which ever is applicable. When both 1 and 2 above are checked “yes”, the resident engineer must complete the annual certification below. If either 1 or.2 above are checked “no”, the resident engineer must: m File a notice of non-compliance within 30 days of identification of the noncompliance; Document follow up actions below; Notify the contractor; and 8 Initiate corrective actions in accordance with the contract. City Follow up Actions: I cedi@ under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. CERTIFICATION BY CITY Engineer’s Name and Signature Date 3883-1 Jefferson Street H:\Ca~itsl ImmmWlt Rocrrarnu883-I Jefferson street Sidmvalk PmramWPPp\sWPPP AttachmentJ.doc Attachment N Page N-1 A P P EN D IX I' C I' COASTAL DEVELOPMENT PERMIT CDP 02-11 The City of Carhbad Planniug Department A REPORT TO THE PLANNING COMMISSION Item No. @ P.C. AGENDA OF: June 19,2002 Application complete date: March 21,2002 Project Planner: Michael Grim Project Engineer: Shem Howard SUBJECT: CDP 02-11 - JEFF’ERSON STREET SIDEWALKS - Request for a Coastal Development Pennit to allow the construction of new sidewalks, reconstruction of existing sidewalks, removal of diseased palm trees, and associated improvements on selected segments within the Jefferson Street public right-of-way, between Magnolia Avenue and Chinquapin Avenue, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5224, APPROVING Coastal Development Permit CDP 02-1 1, based upon the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposal involves a Public Works project to remove and replace some of the existing sidewalk segments within the public right-of-way of Jefferson Street, between its intersection with Magnolia Avenue and its intersection with Chinquapin Avenue. Except for a small segment near Anchor Way, sidewalks will not be removed or constructed along the west side of the right- of-way north of Tamarack Avenue and along the east side of the right-of-way south of Tamarack Avenue. This project also involves the removal of eleven diseased palm trees within the parkway and the temporary removal and replacement of several fiont yard fences. Since the project proposes construction within the City’s Coastal Zone, a Coastal Development Permit is required. Staff has no issues with the proposal and recommends approval. 111. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad Public Works - Engineering Department is requesting approval of a Coastal Development Permit to allow the reconstruction of existing sidewalk segments and the construction of new sidewalk segments in the Jefferson Street right-of-way. As shown on Exhibits “A” - “G,” dated June 19,2002, the segments to undergo work are: The entire east side of Jefferson Street between Magnolia Avenue and Carol Place; A 1 00-foot segment on the west side between Magnolia Avenue and Anchor Way; The west side of Jefferson Street from Tamarack Avenue south to its intersection with Citrus Place. CDP 02-1 1 - JEFFERSON STREET SIDEWALKS June 19,2002 Page 2 The project entails the removal of existing, damaged sidewalks and driveway aprons, and the replacement of those features. The sidewalk will meander from being adjacent to the curb to adjacent to the edge of the right-of-way at the driveway approaches. This design allows for planting in the parkway, as well as adequate handicapped accessibility due to the reduced cross- slope. The project also involves the construction of new sidewalks on segments where none currently exist along the west side of Jefferson Street, south of Tamarack Avenue. There are currently several mature palm trees within the parkway on the eastern side of Jefferson Street, north of Tamarack Avenue. These trees were found to be diseased by a certified kborist and must be removed. In addition, there are several front yard fences that will be removed during construction and replaced in the same location. Temporary privacy fencing and noise and dust control devices will be installed to reduce the construction impacts to existing residents. No work is proposed along the Jefferson Street Elementary School frontage. The Jefferson Street Sidewalks project is subject to the following regulations: A. General Plan; B. Local Coastal Program; IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulationdpolicies utilizing both text and tables. A. General Plan Since the Jefferson Street Sidewalks project only involves construction within the existing public right-of-way, there are very few elements of the General Plan that pertain to the proposal. The relevant elements are the Circulation, Noise, and Public Safety Elements. Table 1 below details how the project complies with these General Plan Elements. CDP 02-1 1 - JEFFERSON STREET SIDEWALKS June 19,2002 Page 3 The proposed sidewalk design accommodates the vertical and cross-grade standards for handicapped access. Project construction activities must conform to the City’s Construction Noise Ordinance (Chapter 8.48 of the Municipal Code). Proposed curb, gutter and cross gutter designs meet City Standards for drainage structures. ELEMENT Yes Yes Yes Circulation Noise Public Safety TABLE 1 - GENERAL PLAN COMPLIANCE USE CLASSIFICATION, GOAL, OaTECTIVE OR PROGRAM A circulation system that promotes alternative transportation such as walking, bicycling and pubic transportation. Provide for handicapped access to and along public sidewalks. Review City operations to make sure that noise generated by construction, maintenance activities and street sweeping minimize significant adverse noise levels. Require all proposed drainage facilities to comply with City “Standard Design Criteria.” PROPOSED USE AND IMPROVEMENTS The replacement and new construction of sidewalks within the right-of-way provides for greater pedestrian circulation in the area. COMPLIANCE Yes Given the above, the Jefferson Street Sidewalks project is consistent with the various elements of the City’s General Plan. B. Local Coastal Program The proposed sidewalk reconstruction and new construction project is located in the Mello 11 segment of the City’s Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. The policies of the Mello I1 segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. There are no steep slopes or agricultural lands within the project area, therefore no impacts to such will occur as a result of this Public Works project. The developed right-of-way does not contain any environmentally sensitive resources or scenic resources. Very limited grading is. proposed on the west side of Jefferson Street, north of Tamarack Avenue, to maintain drainage and driveway access. No offsite erosion or sedimentation will occur since the project must conform to the City’s NPDES permit requirements. The installation and improvement of the sidewalks facilitate pedestrian access through the Coastal Zone. With regard to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance), only limited grading is proposed and no steep slopes exist on the property, therefore slope preservation is not an issue. In addition, the site is not prone to landslides or susceptible to CDP 02-1 1 - JEFFERSON STREET SIDEWALKS June 19,2002 Page 4 accelerated erosion, floods or liquefaction.. Given the above, the proposed Jefferson Street Sidewalk project is consistent With the Local Coastal Program. V. ENVIRONMENTAL REVIEW The proposal involves the removal and replacement of existing sidewalks and the placement of new sidewalks within the existing public right-of-way. The new construction of small structures, including street improvements, is exempt from environmental review pursuant to Section 15303(d) of the State CEQA Guidelines. The replacement or reconstruction of existing facilities is exempt from environmental review pursuant to 15302(c) of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project detennination. ATTACHMENTS: 1. 2. Location Map 3. Planning Commission Resolution No. 5224 (CDP) Exhibits “A” - ‘%,’, dated June 19,2002 MG:cs:mh SITE JEFFERSON STREET SIDEWALK CDP 02-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5224 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONSTRUCTION OF NEW SIDEWALK SEGMENTS, RECONSTRUCTION OF EXISTING SIDEWALK SEGMENTS, REMOVAL OF DISEASED PALM TREES, AND ASSOCIATED IMPROVEMENTS ON PROPERTY GENERALLY LOCATED WITHIN THE JEFFERSON STREET AND CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON STREET SIDEWALKS COASTAL DEVELOPMENT PERMIT CDP 02-11 TO ALLOW PUBLIC RIGHT-OF-WAY, BETWEEN MAGNOLIA AVENUE CASE NO.: CDP 02-1 1 WHEREAS, the City of Carlsbad, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Portions of the public right-of-way for Jefferson Street, from its intersection with Magnolia Avenue to its in,tersection with Chinquapin Avenue, City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits uA” - “G” dated June 19, 2002, on file in the Planning Department, JEFFERSON STREET SIDEWALKS - CDP 02-11 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of June 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. _- ,* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES JEFFERSON STREET SIDEWALK - CDP 02-11 based on the following findings and subject to the following conditions: FindinFs: 1. 2. 3. 4. 5. 6. 7. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that there are no steep slopes or agricultural lands within the project area; the developed right-of-way does not contain any environmentally sensitive resources or scenic resources; and no grading is proposed. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project entails reconstructing existing sidewalks and providing new sidewalks within the Coastal Zone, thereby improving pedestrian access through the area. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1980, and therefore is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading or development is proposed; no steep slopes exist on the property; and the site is not prone to landslides or susceptible to accelerated erosion, floods or liquefaction. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The project is not located in the Mello I segment of the City’s Coastal Zone and therefore is not subject to the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance). That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt fiom the requirement for the preparation of environmental documents pursuant to Sections 15302(c) - Replacement of Reconstruction and 15303(d) - New Construction of Small Structures of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of improvement plans. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be SO implemented and maintained according to their terms, the City shall have the right to PC RES0 NO. 5224 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ’ 26 27 28 2. 3. 4. 5. 6. revoke or modify all approvais herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different fkom this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. The applicant shall receive approved improvement plans for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 ofthe Zoning Ordinance. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free fkom weeds, trash, and debris. Code Reminders: 7. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” .of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6602O(a), and file the protest and any other required information with the City Manager fo. processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5224 -3- I I 1( 11 1; 1: 14 I? 16 17 18 19 20 21 22 23 24 25 26 27 28 ou are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning. zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of June 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None q-&L ! SEENA TFUGAS, Chairpersd CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMILMR Planning Director PC RES0 NO. 5224 4 NOTICE OF E*PTION e To: County Clerk From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 FDLED County of San Diego Mailstop 833, Attn: Wendy G160m J.sm, RmrdorlC~mfC(Mk PO Box 121750 San Diego CA 921 12-1750 JUN 26 *Oo2 (760) 602-4600 Subject: Filing of this Notice of with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: Jefferson Street Sidewalks - CDP 02-1 1 Project Location - Specific: Jefferson St right-of-way, between Mamolia Ave and Chinauauin Ave. Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Coastal Develoument Permit to allow -t& construction of new sidewalks. reconstruction of existing sidewalks. removal of diseased uaim trees, and associated immovements on selected segments within the Jefferson Street Dublic right-of-way Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Citv of Carlsbad Name of Applicant: Citv of Carlsbad Public Works Deuartment Applicant's Address: 1635 Faraday Ave. Carlsbad CA 92008 Applicant's Telephone Number: (760) 602-2720 Exempt Status: (Check One) 17 c] 0 a 0 Ministerial (Section 2 1080(b)( 1); 15268); Declared Emergency (Section 2 1080(b)(3); 15269(a)); Emergency Project (Section 2 1080(b)(4); 15269 (b)(c)); Categorical Exemption - State type and section number: 15303(d) and 15302(c) Statutory Exemptions - State code number: e ikeasons why project is exempt: Construction of small structures. and reconstruction and reulacement of existing facilities. Lead Agency Contact Person: Michael Grim Telephone: (760) 602-4623 If filed by applicant: 1. 2. Attach certified document of exemption finding. Has a notice of exemption been filed by the public agency approving the project? APPENDIX I'D" UNDERGROUND UTILITY REQUIREMENTS JEFFERSON STREET UNDERGROUND UTILITY REQUIREMENTS This package contains the construction requirements and specifications for the construction of the underground electric, telephone and cable television systems for the Jefferson Street project in the City of Carlsbad. The documents in the Appendix apply to City of Carlsbad Drawing No. 401-7 and 401-7A under Contract no. 3883. Included are general specifications and construction requirements, and utility standard pages and exhibit drawings. ELECTRIC UTILITY - SAN DIEGO GAS AND ELECTRIC Work Order No. Electric: 2747231 The Contractor will perform all trenching, excavation, backfilling and compaction, and will furnish and install all distribution conduits and substructures required. This will be done in accordance with SDG&E's General Conditions and Specifications. The Contractor is responsible for mandreling all conduits and installing pull ropes. The Contractor is responsible for all traffic control as well as removal and replacement of any asphalt, curb, gutter and sidewalk required. The Contractor is responsible for all work and material required to complete the installation of the under ground electric facilities under the electric extension rules. Contractor shall arrange for pre-construction meeting by calling San Diego Gas and Electric Operations Assistant at 760-432-5822 (North Coast Projects). Inspection by San Diego Gas and Electric required at the: trenching, conduit installation; conduit mandreling, backfilling and inspection; substructure installation; and completion stages. Contractor shall provide San Diego Gas and Electric Company written notice two weeks prior to the proposed trench date stating proposed start date. A copy of the correspondence shall be provided to the City Inspector. TELEPHONE UTILITY - SBC Work Order No. DB-8890T The Contractor will perform all trenching, excavation, backfilling and compaction, and will furnish and install all telephone conduits and substructures required. The contractor is responsible for mandreling all conduits and installing pull ropes. This will be done in accordance with SBC's specifications. The Contractor is responsible for all work and material required to complete the installation of the underground facilities required by SBC. CATV - ADELPHIA COMMUNICATIONS Work Order No. 341E3J Adelphia Communications will provide their own conduit in the joint trench provided by the Contractor. Refer to the SDG&E underground standard pages 3370.1 to 3370.6 that show underground distribution trenches and utility positioning. The Contractor is responsible for all work and material required to complete the installation of the underground cable television facilities as required b Adelphia Communications. W ? W 0 rl rl m .. 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VI C-rTRlr- WEIGHT: 641 MAX. [ 331 2 HANOHOLE I * FOL+MER PARKWAY cavae ** PEDESTRW LOADING r ITEM DESCRIPTION OUAMllY STOCK NUMBER STOCK NUMBER ASSEMBLY UNfTS 1 206808 COMPLETE 331 2co COMptETE HANDHOLE , HANUHOLE COVER. PARKWAY 1 (CONCRETE) 3* COVER, PARKWAY 2 BODY. HANDHOLE 1 162426 162676 331 2-0 3312-1 1 2868 t 8 - 331 2CP - (POLYMER) -ha.". ... " IF THE CUSTOMER IS REOUIRED TO INSTALL ** PEDESTRIAN LOADING A HANDHOLE IN A SERVICE LATERAL. THE LID SHALL BE MARKED 'ELECTRIC' NOT SDGdrE. ITEM 1 2 3* 30-1 1/16- MAX. DESCRIPTION OWITY STOCK NUMBER STOCK NUMBER ASSEMBLY UNITS COVER, PARKWAY (CONCRETE) BODY. HANDHOLE 2 162426 162678 3312-0 COVER, PARKWAY [POLYMER) COMPLETE COMPLETE DOUBLE-BODY 5312c0 HANDHOLE HANDHOLE 1 286808 3512-2 1 28681 8 - 33 12CP - L SERVICE CWDE WING BOLTS (2 REOUIRED). ING M WITH NUTS. MANUFACTURER'S NAME OR INITINS MANUFACTURED MTE 4TE 1-1-96 'PD m/q Ql = MANUFACTURER'S INITULS HANDHOLE 3312.1 (INSIDE DIMENSIONS - 17" X 30") Bow - . > - 20-3/4' MIN. 22" MAX. WEIGHT: l85# MAX. MAX. SIDEWN TYPICAL PIAN . VIEW HANDHOLE UAY BE INSTALLED ON EITI~ER sm OF LOT UNE OR IN CENTER OF LOT UNE IN BACK OF SIDEWALK. . WITH LIMITED SPACE. BUT7 AGAINST I I -~ - SOCkE ELECTRIC STANDARDS RNlSlON .. . SERVICE WlOE )( lndicotes Lotest Revision SINGLE HANDHOLE Completely Revised I I New Poge 1x1 Informotion Removed EXCAVATI 0 N DIM EN S 1 ON S t I REVISION SDG&E ELECTRIC STANOARDS 26' WlOE X 39' LONG WITHOUT SIDEWALK r- 26" WITH WIDE SIDEWALK X 37" LONG '=I r FINAL GRADE 26' WIDE X 39' LONG r-* WITHOUT SIDEWALK '-1 GRADE INSTALLATION INSTALIATION: A. ESTABLISH THE HANOHOLE LOCATION PAYING PARTICULAR AnENTlON TO GAS AND FOREIGN UTILITY PLACEMENTS. ANY CHANGE IN LOCATION BY DISTRICT CONSTRUCTION REQUIRES PRIOR APPROVAL FROM SERVICE PLANNING. 8. AFTER THE LOCATION IS ESTABLISHED, MARK OUT DIMENSIONS FOR THE EXCAVATION WIDTH, LENGTH AND DEPTH PER DRAWING ABOVE. THE WIDTH AND LENGTH DIMENSIONS GWEN ALLOW EXTRA SPACE FOR SETTING THE SUBSTRUCTURE AND TAMPING THE BACKFILL. C. TO DETERMINE FINAL GRADE. MEASURE FROM THE TOP OF CURB OR ESTABLISHED GRADE. D. EXCAVATION 1s NOW PREPARED FOR INSTALLATION OF SUBSTRUCTURE SECTIONS. AFTER GRADE LEVEL IS ESTABLISHED, SET A STRING LINE FOR CHECKING GRADE. SET HANDHOLE AT FINAL GRADE. IF RIGHT OF WAY OR OBSTRUCTIONS CAUSE A PROBLEM. THE HANDHOLE MAY BE TURNED TO WHERE THE G * LONG SIDE OF THE HANDHOLE PARALLELS THE SIDEWALK OR PROPERTY LINE. REFERENCE H. SEE STANDARD 3302 FOR SUBSTRUCTURE APPLICATIONS. 1. SEE STANDARD 3483 FOR MINIMUM OPERATING CLEARANCE REOUIREMENTS. J. SEE STANDARD 3485 WHEN SmlNG HANDHOLE ON A SLOPING GRADE. K. SEE STANDARD 3486 FOR RETAINING WALL REQUIREMENTS AND CLEARANCES FROM RMRSE SUBGWE RETAINING WALLS. L. SEE STANDARD 3605 FOR SUBSTRUCTURE USE AND LIMITATIONS REFERENCE SHEET (MAXIMUM NUMBER OF CABLES, CONNECTORS AND CONDUITS). M. SEE STANDARD 4173 FOR TRENCH DEPTH, CONDUIT AND CABLE INSTAUATION. 3312.2 I HANDHOLE I DATE 1-1 -2000 I APPD &&//& (INSIDE DIMENSIONS - 17" X 30") 1 .. ScOpE: THlS STANDARD SHOWS THE CONOUIT AND FITTINGS UsEd TO CONSTRUCT UNOERGROUND CONDUIT SYSTEMS. CONDUIT AND FiTTINGS IN THIS STANDARD SHALL BE USED IN BELOW-GROUND OR BRIDGE CELL APPLICATIONS. - 3" 4' 5" NOTES: pc) PoLYvI"L0RIM: CONWIT - - PVC CONDUIT SW BE GRAY OR BLACK IN COLOR. NO OTHER COLOR IS ACCEPTABLE ON THE COMPANY CONDUIT SYSTEM. UNDERGROUND STANDARD 4204. - - EB CONDUIT IS REQUIRED FOR INSTALLATIONS REWIRING ENCASEMENT, CONCRETE SLURRY (l-sACK MIX). - ALL 5" CONDUIT MUST BE ENCASED WITH CONCRETE SLURRY. FOR SCHEDULE 40 AND SCHEDULE 80 ABOVE-GROUND COMPONENTS TO CONSTRUCT CABLE POLE RISERS, (1-SACK MIX). - DB CONDUIT IS REOUIRED FOR INSTALLATIONS REOUlRlNG DIRECT BURIED MATERIAL. Le. SAND, DECOMPOSED - FOR DIRECT BURIED INSTALLATIONS. DB 60 IS REQUIRED FOR 2" & 3' CONDUIT. OB 100 IS GRANITE (DG), NATM. ETC. REQUIRED FOR 2" & 3" CONDUIT. DB 100 IS REQUIRED FOR 4" CONDUIT. - DE 60 20' 249664 I 1 EB3lN 1 DB3-P 1 DB3-S De 100 20' 2497 10 1 EB41N 1 DB4-P 1 D64-S OB 60 - 20' 249728 1, PDBSSL -- 1 DES-S ** SCH40 10' 251 408 - s40-5' CAn-=.' SEE I 1' SDR 9 2' SCH 40 3" SCH 40 - ALL COUPLINGS, BENDS AND SWEEPS CLASSIFIED AS DB ARE TO BE USED WITH DB AND EB CONDUIT. - DB = DIRECT BURIED CONDUIT. BELLED END OR SPIGOT CONDUIT SrrUlGHT SECTIONS COU PLlOrG END - EB ENCASED BUKIED CONDUIT. - THE SHELF LIFE FOR EB/DB CONDUIT, BENDS. AND FlITlNGS EXPOSED TO SUNLIGHT IS 6 MONTHS FIRST LOCATION SHALL BE INSTALLED IN 2" CONDUIT. MAXIMUM. 2-19 FROM A RISER POLE TO THE ** - SCHEDULE 40 CONDUIT IS REQUIRED IN BRIDGE CELLS. *L* -.. 2000' 249630 1" PE 2500' 252002 1000' 252004 - - t I I 2' I DE 60 I 20' I 249632 I 1 EB2lN I 1 DB2-P I lnR7--r: SERVICE GUIDE REVISION ::.::I Indicates Latest Revision I I Completely Revised I New Pope )( Information Removed SDG&E ELECTRIC STANDARDS (PE) POLYETrmENE CONwn CONDUIT SIZE I WE I COIL LENGTH I STOCK NUMBER I ASSEMBLY UNIT I 4' I SDR 15.5 I 500' I I 5' [ SCH 80 1 20' LENGTHS 1 252008 - - 252006 1 NolE3 - POLYETHYLENE CONDUIT SHALL BE BUCK OR BUCK WITH THREE EOUALLY SPACED RED STRIPS. NO OTHER COLOR IS ACCEPTABLE ON ME COMPANY CONDUIT MSTEM. CORRUGATED POLYETHnENE CONDUIT IS NOT ACCEPTAELE ON THE COMPANY CONDUIT SYSTEM. REFERENCE: SEE STANDARD 3383 FOR SPLICING OR REPAIRING 1" POLYETHYLENE CONDUIT. NOTES: **e S/N 280384 SCH 40 WC MAY BE USED AS A REPLACEMENT ON A TEMPORARY BASIS. (DEPENDS ON SUPPLIER OF COUPLING). - CoNWrl COUWNCS DB SWEDGE COUPLING DB MOLDING COUPLING (BOTH WITH FIGURE A FIGURE B OB STRAIGHT CENTER STOPS, TO BE USED COUPLING (WITHOUT ------ FIGURE c b------A ONLY WHEN REPAIRING EXISTING CONDUIT SYSTEMS) I SIZE I NUMBER I 279904 279936 280032 FIGURE C NUMBER - 279920 279952 280064 CONDUIT AND CONDUIT FITTINGS I 3373-1 CONDUIT BELL REDUCER CONDUIT END CAP I CONDUIT SIZE 2" 3" 4" 5" 11 I I 1 I 1 * CONDUIT STOCK ASSEMBLY SIZE NUMBER UNITS 2" 203296 RED3-2 3" 203328 RED4-3 4" 203360 REDS-4 5" 203392 RED6-5 STOCK ASSEMBLY NUMBER UNITS 544768 PLUG-2 544800 PLUG-3 544704 PLUG-4 544736 PLUG-5 2" 90' ELBOW/24" RADIUS - , I I 1 DB2-8 - 36' DB 60 321810 1 EB2-8 45O 90 ' 24"(SECONDARY ONLY) DB 60 32 1984 900 36" DB 60 321812 lEB2-B 1 DB2-B - 1 DB2SB - - CONDUIT BENDS (EXAMPLES) 3" I BILL OF MATERIAL: ~~ 1 1 - 1/4' 25'-0" DB 60 32 1876 1 E83-C 1 DB3-C 1 DB3SC 45O 36" DB 60 321 878 1 E834 1083-8 lDB3S8 goo 36" DB 60 322048 1 EE3-B 1 DB3-B 1 DB3SB 11 -1/4' 25'-0" DB 100 321884 1EB4-C 1084-C 1 DB4SC 22-1/Z0 25'-0" DB 100 321826 lEB4-S 1 DB4PS 1 DB4SS 22-1/2' 25'-0" OB 60 322 144 1 EB3-S 1 DB3PS 1 DB3SS 7- STRAtGHT TANGENT 4" 45' goo 22- 1 /2 SWEEP/25' RADIUS I -- - __ 36" DB 100 321942 1EB4-8 1084-8 1 DB4S8 36" DB 100 322082 1EB4-8 1 DB4-B 108458 22-1/2' I 25'-0" I DE 60 1 321808 I 1EE2-S I 1DB2PS I 1DB2SS 45O I24"(SECONDARY ONLY) I 06 60 I 321920 I - I I 1DB2S8 5- 45O 90' ~- 1 36" DB 60 321 960 1 EB5-8 1 DB5-8 1 DB5S8 36" DB 60 322 1 12 1 EB5-B 1 DES-B 1 DB5SB SEWICE GUIDE lndicotes Lotest Revision I I Complc t el y Revised New Poge Information Removed 1 1 - 1 /4' I 25'-0" I OB 60 I 321882 I IEBS-C I 1DB4-C I 1 DBSSC 22-1/2' I25'-0" I OB 60 I 321856 I lEB5-S I 1DBSPS I 1085SS 3373.2 I CONDUIT AND CONDUIT FITTINGS IDATE 1-1-96 GAS ST-4NDARD DISTRIBUTIONITRAN~M~SSION I GENERAL EXCAVATION REQUIREMENTS I SDG&E: G7453 1 CURREKTvEFtSION: 1/13/1997 I SDGE ED~ON: 2000/2001 I CODE@): 192.303,192.3 19 Purpose: This Standard provides the basic requirements to meet the various governmental agencies' provisions regarding excavations within the public right-of-way. 1. Definitions 1.1. "Right-of-way" - A strip of land used generally for a public utility and set aside as an easement or in fee, either by agreement or condemnation. "Easement" - A real property, right or interest in the land of another, created by a grant, reservation, agreement or prescription, entitling the company to some use, privilege or benefit, such as to place gas pipelines or roads. 1.2. 1 -3. "Fee ownership" - The most absolute interest one can have in land of indefinite duration and is freely transferable. Fee ownership can be passed by a grant of real property such as a sale. 1.4. "Encroachment" - To commit a trespass (enby or use of another property unless permitted or licensed, constitute unlawful entry), specifically the building of a structure or construction of any improvement(s), partly or wholly on the property of another. 1.5. "Franchise Area" - The dedicated public rights-of-way within which the company is permitted to place its facilities under a franchise agreement with the local governing agencies. 2. Specific Areas of Responsibiiities 2.1. The personnel and Sections primarily responsible for gas pipeline facilities in a right- of-way involving private property or a franchise area are: 2.1.1. Real Estate Management Section of Real Estate Operations Department. 2.1.2. 2.1.3. d Mapping and Gas Field Engineering sections of the @ #I491 VI -G7453 Page I of 5 GAS STANDARD DIsTRlsUTION/"SMIssION SDG&E: G7453 I GENERAL EXCAVATION REQUIREMENTS 3. General Permit Procedures 3.1. For excavation permit procedures, refer to Service Planning Manual Procedure 530. An excavation permit is obtained if SDG&E excavates in the public right-of-way. 4. General Excavation Reqoirements 4.1. In general, all the cities and county require that the County of San Diego's "Special Provisions For Work Done Under an Excavation Pennit" be followed in excavation work. In general, all the cities will not allow more than 500 feet of trench open at one time. . All agencies request that street crossings be made at 90 degree angles to the street improvements. 4.2. 4.3. 4.3.1. Electric underground runs may, in some instances, be on a radius. 4.4. In general, all excavation work is done under the supervision of the city or county engineer, depending on the agency, and he has the final authority on questions involving excavation and backfill. 4.5. No street or alley is to be closed except by written permission fiom the agency involved. The Company District Right of Way Assistant or Right of Way Agent will obtain the agency's pennission upon receipt of the written request fiom the Construction and Operations Centers. 4.5.1. In the event of repair work due to an emergency, telephonic notification to the involved Fire, Police Departments and City Inspection is required. 4.6. All known existing utilities shall be potholed in accordance with Gas Standard G 745 1. Refer to Gas Standard G 8123 "Damage Prevention Program" for standby requirements. 5. County of San Diego Excavation Requirements 5.1. In general, all the cities and counties require that the County of San Diego's "Special Provisions for Work Done Under an Excavation Permit" be' followed in excavation work. 5.2. Work installing gas mains and electric underground requires a permit before construction is started. Page 2 of 5 5.3. The installation of poles and anchors do not require a permit. #I491 VI - G7453 I 1 GENERAL EXCAVATION REQUIREMENTS ... SDG&E: G7453 1 GAS STANDARD 5.3.1. Where applicable, “as-built” pennits will be obtained by Land Rights and Acquisition after minor excavation work is complete. 5.4. AJl excavation work within the public right-of-way requires notification to the County Engineer prior to any work being performed, and also upon completion of the work. 5.5. All work performed under excavation permits is subject to inspection by representatives of the County Engineer. 5.6. Permission must be received fiom the County Engineer to disturb any monuments of record. All work of resetting any monuments or stakes shall be completed before acceptance of the work. 5.7. If, during the progress of work, it becomes necessary to remove any existing pavement, sidewalk, curb, landscaping, culvert, or other improvement, the improvement shall be replaced or restored in the original location to County of San Diego standards. 5.8. Free and unobstructed access shall be maintained to all mailboxes, fire hydrants, water gates, gas valves, manholes, .- - drainage __ _. structures, . roadways, _. - driveways, sidewalks, etc. - - - - - - - - . ... I 5.9. Tree mots larger than two inches shall be excavated by hand, tunneled under, and protected. Those roots directly in the path of pipe or duct may be cut. Roots less than two inches may be hand trimmed on the trench side nearest the tree. All cut mots one-half inch in diameter and larger shall be painted with Tree Seal or equivalent. Placement of barricades, delineators and other traffic controls shall be in accordance with the State of California ”Manual of Warning Signs, Lights and Devices for use in Performance of Work Upon Highways“. 5.10. 5.10.1. Delineators placed in close proximity to the edge of a traffic lane shall be of a material rubber or plastic, that will withstand impact without damage to themselves, the striking vehicle, or passing traffic. 5.1 1. A11 traffic control flagmen shall be properly dressed and equipped, and shall be trained to guide traffic. . 5.1 2. Reducing trafic to one lane, and any street or alley closure, has to be authorized by the County Engineer. 5.12.1. The hours of closure may be limited due to peak traffic. 5.12.2. Traffic interruption may be limited to only thirty minutes. #I491 VI - G7453 Page 3 of 5 I 6 GAS STANDARD DISTR~~~TJON~TRANSMISSION SDG&E: G7453 I GENERAL EXCAVATION REQUIREMENTS 1 5.13. Where the trench is cut along traffic lanes in streets and alleys, and where width of trench exceeds 28 inches and the depth exceeds five feet, at no time shall more than 2,000 feet of trench be under construction in any one work area. A11 work shaIl be confined to not more than 750 feet of trench opened and incompletely backfilled. 5.14. Where width of the excavation does not exceed 28 inches, and the depth does not exceed five feet or where the work area is outside the traffic lanes, 4,000 feet of trench may be under construction in any one work area. There shall not be more than 1,400 feet of trench opened and incompletely backfiiled. -.. 5.15. All blasting shall be perfonned in compliance with tfie requirements of the State of California Division of Industrial Safety. AI1 blasts shajl be blanketed with mats or other approved protection to avoid damage or injurj, tosthe public. ~ -* I _. 5.15.1. Where blasting will take place under or near Company facilities, the Gas General Forcman shall be notified. It shall be his responsibility to notify the affected Company department. 5.16. Dust will be controlled in an acceptable manner. 5.17. Decomposed granite or aggregate sub-base shall be replaced in kind. 5.1 8. Temporary resurfacing shall be placed within 24 hours after completion of trench backfiil and shall be maintained until permanently resurfaced. The temporary surface shall have a minimum thickness of two inches of road-mixed asphalt surfacing. 5.19. Any special instructions listed on the permit for each particular project must be complied with. 6. References 6.1. County of San Dicgo Public Works Agency - "Special Provisions for Work Done Under Excavation Permit". 6.2. 6.3. Permit requirements of cities and counties within the SDG&E service territory. State of California Division of Highways - ''Terms and Conditions Relating to Utility Encroachment ". 6.4. 6.5. SDG&E Gas Standard: Service Planning Manual Procedure 530. G 8 123 "Damage Prevention Program". Page 4 of 5 #I491 vl -I37453 c SEW€ GUIDE Pc. sto II IAAA I I I I iu r. I UG 4204.1 SCOPE: THIS STANDARD SHOWS NEW CONSTRUCTION FOR SINGLE AND MULTIPLE CONDUIT RISERS. - I Indicotas Latest Revision I I Camplctdy Revised I I New Page I I Information Rmond REVISION SDG&E ELECTRIC STANDARDS DATE 1-1-96 CABLE POLE RISER INSTALLATION @ 9 1/2' 1 9 NOTES I- PREFERRED CONSTRUCTION FOR NEW SINGLE RISER WITH AND WITHOUT EXISTING RISER(S) ON POLE (SEE NOTE@) NEW MuLnPu RISER CONSTRUCTION (SEE NOTE @ ) ~ EXISTING MSER(S) m I IONS NEW MULTPLE RISER CONSTRUCTION WITH RISER(S) ON POLE (SEE NOTE@)) - THIS CONSTRUCTION IS LIMITED TO. A MAXIMUM OF FOUR SW&E RISERS (NO MORE THAN TWO PRIMARY RISERS). - WHENMR POSSIBLE, RISER SHOUU) BE INSTUD ON THE SIDE OF THE POLE OPPOSE TRAFFIC FLOW. 1 - SPARE CONDUITS SHALL BE CAPPED JUST ABOVE GROUND LEVEL TO PREVENT MOISTURE OR WIRE ENTRY 1 AND KEEP DEBRIS OUT, SPARES ARE NOT TO BE CONSIDERED AS A RISER. 1 - WHENEVER POSSIBLE, RISER SHOULD BE INSTALLED ON THE SIDE OF THE POLE OPPOStTE TRAFFIC FLOW. - SPARE CONDUITS SHALL BE CAPPED JUST ABOVE GROUND LNEL TO PREVENT MOISTURE OR WIRE ENTRY AND KEEP DEBRIS OUT. SPARES ARE NOT TO BE CONSIDERED AS A RISER. F,I%= I lndicotes Latest Rcvkion I I Completely Rm'sed New Poge I Informotion Remond REVISION SDGBrE ELECTRIC STANDARDS UG 4204.2 CABLE POLE RISER INSTALLATION )ATE 1-1-96 NOTES: - f 3'-0' T MAX. I L I DfrAIL -0-1 ALTERNATE NEW CONSTRUCTION FOR ONE RISER (SEE NOTE@) SEE STANDARD 3370 FOR DEPTH REOUIREMENTS 9 UP 70 3 INCH CABLE POLE RISER DETAIL ITEM 1 2 3 - ASSEMBLY UMITS DESCRIPTION au,wrrrY STOCK NUMBER 3'-2?9904 - 41279936 - 3'-36' R-322472 3'CP-B 5",48' R-322488 5'CP-B - COUPLING. (SIZE AS REOUIRED) As REO'D 5',280032 2-36' R-32 1822 2'CP-E CONDUIT RISER BEND. SCHEDULE 80 (SIZE AS REOUIRED) AS REO'D 4',48' R-322480 4"CP-B 3--TO 2'373392 3-2RED REDUCER, PVC. SCHEDULE 80; (SIZE AS REOUIRED) As REO'D 4",TO 3--573408 4-3RED 4 ~ 5'-TO 4'2473424 5-4RED 3",25 1552 S80-3" CONDUIT RISER, PVC. SCHEDULE 80, (SIZE AS REOUIRED) 6 REQ.0 4---25 1584 S80-4" 5'-251592 S80-5" .I 3",280!544 - 5 6 I I AS REO'D 4",,280576 - 5--280592 - 2',,280384 - 3--28044a - COUPLING, PVC, SCHEDULE 80 COUPLING, PVC. SCHEDULE 40. (SIZE AS REOUIRED) AS REO'D 4---2ao~o - 7 AS REO'O 5'-',,280496 - 211251 296 S40-2' 3',25 1360 S4Q-3' 4",251392 S40-4. CONDUIT, PVC. SCHEDULE 40. (SIZE AS REOUIRED) As REO'D 8 II I 5'-25 1 408 s40-5' 2",697856 - 31697920 - As REO'D 4-697952 - STRAP, PIPE, GALVANIZED. 2-16d NAILS. GALVANIZED - (SINGLE RISER CONTTRUCTION. 4' AN0 SMALLER) !5'-697984 9 I UG 4204.3 1 . ._ GRIP, CABLE SIZE AS REWIRED FOR PRIMARY ' RISERS ONLY. SECONDARY RISERS) @ (GRIPS ARE NOT REOUIRED ON CABLE POLE RISER INSTAL I- 2c1 #U XZ1U =1u 4wm 4C#2/0 4G-350 5G-350 5G-750 %lo00 4c*/oc x;uKK: 558720 - 167184 216700 - 503488 229536 CL-21N -. OVERH W STO. 392 - 229664 CL-41N 229668 CL-SIN 229632 CL-SIN 2 1 6840 (WBW New Poga Informotion Removed REVISION APPD jX'fi/- ATION AS REO'D 11 BRACKET. WDER ARM (8) AS REO'O 12 CHANNEL. DOUBLE. aV. 24-3/4" x 7/8' X 2-3/4' (A) AS REQ'D 13 NUT. CLAMPING CHANNEL, W/SPRING. 1/2" AS REO'D 14 CLAMP. PIPE. STEEL. WV.. UNISTRUT. 2' AS REO'D .. 10 PROTECTOR. NYLON CABLE . 15 BOLT. MACH. GALV, 5/8" x (LENGTH AS REO'D). 18 CLAMP. PIPE. STEEL. GALV., UNISTRUT, 3' 19 CHANNEL. GALV., 8' @ AS REO'D As REO'O INSTALLAflON: 8 SERVICE PG. 3to.3 REVISION @ MOUNT RRST BMKa UDDER UW NO LoWl% T" 9 1/2 m. IF THE FIRST BRACKET EXTENr TOWARD A STREET OR DRNEWAY, OFFSET THE UNISTRUT CHANNEL TO CLEAR LARGE VEHICLES. -= - :H indicates Lotest Revision I I Completely Revised I ~+rr Pope I Information Removed A,. a^. SOC&E ELECTRIC STANDARDS @) INSTALL AT LEAST ONE LADDER ARM BRACKET FOR EACH COUPLING JOINT OF CONDUIT - 10' MA)(. DISTANCE BETWEEN BRACKETS. ALL LADDER ARM BRACKETS ARE TO BE ATTACHED TO THE POLE WH BOLTS, NOl LAG SCREWS. - ...................................................................................................................................................................................................... ...................................................................................................................................................................................................... D CENTER CONDUIT POSITION SHALL BE USED FOR MULTIPLE SDGdcE SECONDARY RUNS OR SDG&E TELECOMMUNICATION CONDUIT. OTHER CONDUIT POSITIONS ON THE FRONT OF THE BRACKET SW\LL INSTALLED FOR A SINGLE RISER WHERE NO COMMUNICATIONS IS ANTICIPATED. F RISERS OF PLASTIC CONDUIT SHALL BE EPC-80 PVC SCHEDULE 80. FROM THE GROUND UNE TO A LWEL NOT LESS THAN 8 FEET ABOVE THE GROUND LINE PER G.O. 95 RULE 54.6-E AND SDG&E CONDUIT SIZING REQUIREMENTS. @ FOR SINGLE RISER CONSTRUCTION, SEPARATION OF PIPE STRAPS (ITEM 8) SHALL BE 3 FEET MAXIMUM. @ USE DETAIL "A" ON PAGE 1404.1/4204.1: (PREFERRED CONSTRUCTION FOR A SINGLE msm) BE USED FOR A SINGLE OR DOUBLE CONDUIT. THE 8 INCH UNISTRUT CHANNEL (ITEM 19) MAY BE 1. WHEN INSTALLING A SINGLE RISER. 2. WHEN ADDING A SINGLE RISER TO AN EXISTING RISER POLE. AN EXISTING SINGLE SDG&E RISER WOULD REMAIN ON THE POLE UNLESS IT IS CREATING A G.O. 95 INFRACTION. IF AN INFRACTlON EXISTS. MOVE THE EXISTING RISER TO THE LADDER ARM BRACKET ALONG WITH THE NEW RISER SHOWN IN DETAIL "8'. 0 USE DETNL '8' ON PAGE 1404.1/4204.1: @ USE DETAIL 'C' ON PAGES 1404.1/4204.1: - WHEN INSTALLING MORE THAN ONE'RISER. - WHEN ADDING A RISER(S) TO AN EXlSTlNG SDGBE RISER POLE. AN EXISTING SINGLE SDGbE RISER WOULD REMAIN ON THE POLE UNLESS IT IS CREATING A G.O. INFRACTION. IF AN INFRACTION EXISTS. MOM: THE EXISTING RISER TO THE LADDER ARM BRACKET.. @ USE DETAIL "D" ON PAGE 1404.2/4204.2: (KmwruE Fwz A 1. FlELD CONDITIONS DO NOT.ALLOW.ROOM FOR IADOER ARM BRACKETS. (LE. CONDUIT WOULD EXTEND INTO THE STREET. 'SIDEWALK, DRIVEWAY. ETC.). ONE SDGkE RISER UP TO 3'.(NO OTHER RISER@) LARGER THAN 3 INCH WOULD BE ON THE REQUIREMENTS MUST BE FOLLOWED. WHEN AN EXISTING RISER IS ALREADY ON THE POLE AND IT MAY BE RE-USED. STREET LIGHT FUSE BOX FROM A POLE AND NEW CONDUIT WILL CONNECT TO THE EXISTING CONDUI WHERE THE FUSE BOX WAS LOCATED, CUSTOMER RE-WIRE JOB. ETC.). THIS INSTALLATION WOULD BE UMITED TO POLE). ONE w'b~ THE POLE MUST REMAIN CLEAR FOR CLIMBING SPACE AND G.O. 2. (LE. REMOVtNG A L ONE RISER ON THE PQLE'3 INCH MAX. AND ONE RISER ON THE BACK SIDE OF THE UDDER ARM BRACKET 3 INCH MAX. ARE PERMlllED BACK-TO-BACK. A MAXIMUM OF MI0 4 INCH COMMUNICATIONS RISERS ARE PERMITTED' OlJ THE .BACK SIDE OF A LADDER ARM ASSEMBLY. THE AWMpcT POLE 0- MUST BE VACANT TO INSTALL ANy 4 INCH RISER ON THE BKK OF THE LAOOER ARM BruCKm, AND, MUST &MAIN VACANT AFER INSTAUATION. ..................... --...=.-.-:..-=:~::=::: M -~~!,&-~ENCAsEMENT IS REQUIRED ARQUNO THE ELBOW(S) FOR 5 INCH PRIMARY CONDUIT(S). ...................... .................... EACH CONOUIT RUN BETWEEN SUBSTRUCTURES. PADS. CUSTOMER SERVtCE RISERS, ETC.. SHALL BE ONE SIZE CONDUIT CONTINUOUSLY, LE. NO REDUCERS ARE ALLOWED WITHIN A CONDUIT RUN EXCEPT WHERE THE CONDUIT ENTERS A SUBSTRUCTURE OR ABOVE GROUND LEVEL ON A RISER POLE. 3 INCH RISER IS ALREADY INSTALLED AND THE GRIP SIZE REQUIRES A 2 INCH RISER. A 2" TO 3" REDUCER MAY BE USED TO ACCOMMODATE THE GRIP. THE SAME WOULD APPLY TO OTHER SIZE CONDUITS AS HAS BEEN DESCRIBED. GRIPS ARE NOT REQUIRED ON SECONDARY RISERS. IF A 4-24-01 I CABLE POLE RISER INSTALLATION -. UG 4204. I I sEmMcE PG. 310.4 G''oE @ SPARE CONDUITS THE TERM "SPARE CONDUIT" REFERS TO AN EMPTY CONDUIT THAT IS SPECIFIED BY THE PLANNER FOR OPERATING AND MAINTENANCE REQUIREMENTS. SPARE CONDUITS SHOULD BE CONSIDERED OR INSTALLER 1. WHEN REQUESTED BY A CUSTOMER AT HIS OWN EXPENSE, BUT NOT TO EXCEED CONDUIT 2. WHEN IT IS ECONOMICAL TO INSTALL CONDUfT IN LIEU OF CONCRETE, BUT NOT TO EXCEED CONDU~ 3. BASED ON FUTURE CONSTRUCTION LIMITATIONS SUCH As BENEATH BRIDGES, ROADWAYS AND 4. IN CONVERSION OR NEW BUSINESS PROJECTS TO ALLOW EASY BYPASS OF THE POLE DURING LIMITATIONS IN THIS STANDARD. LIMITATIONS IN THIS STANDARD. RAILROAD TRACKS. BUT NOT TO EXCEED CONDUIT LIMITATIONS IN THIS STANDARD. REMOVAL. SHALL E%TEND PAST THE POLE A MINIMUM OF 6 FEET. CONDUITS INSTALLED FOR THIS PURPOSE SHALL NOT GO UP THE POLE BUT, RATHER, FUTURE' SPARE CONDUITS 1 New Pogc 1 Information Removed Indicates Lotett Revision 1 1 Completely Revised REVISION SDCdrE ELECTRIC STANDARDS THE TERM "FUTURE SPARE CONDUIT" REFERS TO AN EMPM CONDUIT SPECIFIED BY EITHER THE PLANNER OR DIS~RIEUTION PLANNING FOR AREAS WITH GROWTH POTENTIAL. FUTURE FEEDER CONDUIT SPEClnEO BY DlSTRlBUTlON PLANNING MUST BE SUPPORTED BY THE LONG TERM FEEDER ARRANGEMENT PM. COMMUNICA'~IONS ONLY POINT OF ATTACHMENT FOR LADDER ARM BRACKET CONSTRUCTION SHALL BE ON BE USED TO SECURE THE CONDUIT). COMMUNICATIONS MAY ATTACH ON THE BACK Of THE ASSEMBLY ALONGSIDE SDGdrE'S RISER. @ WE BACK StM OF THE UDDER ARM BRACKET ASSEMBLY, (GALVANIZED UNISTRUT PIPE CUMPS SHALL REFERENCE: T. SEE STANDARD 363/4205 FOR POLE STEPS. U. V. SEE STANOARD 1402/4202 FOR POSITIQNING. OF RISERS INVOLVING MORE THAN ONE UTIUM. SEE STANDARD 3944 FOR U.G. SERVICE FROM, O.H. FACILITIES, MATERIAL REQUIREMENTS. EfC. @ SEE STANDARD 1407/4207 FOR NON-P6RCELAIN TERMINAL MOUNTING BRACKET INSTALLATION AND MATERIALS. @ SEE STANDARD 1414/4214 FOR 0 - 75OV UNDERGROUND SERVICE FROM AN OVERHEAD LINE. Y. SEE STANDARD 4620 FOR TELECOMMUNICATION INSTALLATION. 2. WC RISERS ARE NOT PERMITTED2 WITHIN THE CLIMBING SPACE PER G.O. 95 RULE 22.2C. 1. a-: .. , -- DATE 1-1-96 CABLE POLE RISER INSTALLATION . APPD /qy UG 4204.5 scop~: THIS STANDARD SHOWS TYPICAL PLACEMENT OF UTILITIES WITHIN TRENCHES FOR DISTRIBUTION AND SERVICE IN DEDICATED R/W STR RE^) AND PRIVATE PROPERN, AND PROVIDES THE MINIMUM DEPTH AND CLEARANCE THAT l- MUST BE MAINTAINED BETWEEN VARIOUS UTlLITlES OCCUPYING THE SAME TRENCH IN SAN DIEGO COUMY. 1 APPD @wb++K] AND UTILITY POSITIONING - -S.D. COUNT( PROPERTY SIDE 1 REVISION SDG&E ELECTRIC STANDARDS I 1' r FIG 3 (SEE STANDARD 3376 FOR CONFIGURATIONS) 0 OTHER CONDUITflRENCH PRopERlysIM .- PRo#RTy so€ PUBLIC PROPERTY NOTES. - - DRAWINGS ARE NOT TO SCALE. - SPACE ALLOTMENTS (OTHER THAN FOREIGN UTIUTY) ARE 1/2 IN - TYPICAL TRENCH sEcnors ARE DESIGNED FOR INSTALLATIONS WHERE EACH OCCUPANT IS UTILIZING HIS ENTIRE LARGER THAN ME NOMINAL SIZE OF GAS MAIN, GAS SERVlCE OR ELECTRIC -EWtkJfk -SEE INSFAtLAIION NOTE 8 FOR FOREIGN UTlLlM SPACE ALLOTMENT. SPACE ALLOTMENT. PROVIDING MINIMUM COVER AND CLEARANCES ARE MAlNTAlNED AS LISTED ON PAGE 3370.2. UTILITY SPACE ALLOTMENT FOR TELCO AND/OR CATV IS ALLOWED PER TRENCH. TRENCH MUST BE ADJUSTED ACCORDING TO SPACE ALLOTMENTS. MINIMUM CLEARANCES AND MINIMUM COVER. SIZE OF SPACE ALLOTMENTS MAY BE REDUCED OR ADDITIONAL ALLOTMENTS MAY BE ADOED ONLY ONE FOREIGN WIDTH AND DEPM OF THE - GAS PIPE REQUIRES A MINIMUM OF 12 INCHES RADIAL SEPARATION FROM ALL UTILITIES. 3370.1 I UNDERGROUND DISTRIBUTION (UD) TRENCHES IDATE 1-1-98 1 * ALL MINIMUM COVER DEPTHS MEASUREDn FROM FINAL GRADE. DEPTHS THAN WHAT IS SHOWN UNDER MINIMUM COVER". REDUCED DEPTHS IN NOTE @ ARE LESSER I-1 NOT ALLOWED. SERVlCE TRENCH PRIVATE PROPERTY (MINIMUM SEPARATION FROM) I VERTICAL I HORIZONTAL I - THE FOLLOWING CHARTS SHOW THE MINIMUM COVER FOR EACH UTIUTY. THE MINIMUM SEPARATION BETMEN SPACE ALLOTMENTS AND THE MAXIMUM SIZE FOR EACH SPACE ALLOTMENT. DOWN UNTIL THE TWO JOIN IN A SOUARE. AND THAT IS THE DISTANCE REOUIRED BETWEEN THE TWO UTILITIES. EXAMPLE TO READ THE CHARTS, RVU) ACROSS AND UNDER VERTICAL, "ES" 6c "Es" JOIN AT @WHICH REFERS TO INSTALIATION NOTE 0. UNDER HORIZONTAL, "ES" & %S' JOIN AT 12 INCHES WHICH WOULD BE THE DISTANCE REOUIREO FROM THE OUTER EDGE OF THE ELECTRIC SERVICE (SPACE ALLOTMENT) TO THE OUTER EDGE OF GAS SERVICE (SPACE ALLOTMENT). DATE 1-1-96 APPD 2&sar/g MAIN TRENCH, EERVICE TRENCH PUBLIC PROPER^ (MINIMUM SEPARATION FROM) 3370-2 I UNDERGROUND DISTRIBUTION (UD) TRENCHES AND UTILITY POSITIONING - S.D. COUNN ~~ -~ CAS STD. 7403.2 1. 1 Indicotes Latest Revision 1 1 ComDletelv Revised I 1 New Poat I -1 Informotion Removed 1 KMMq GUIOF I1 I I1 II .- *I SOGdrE ELECTRIC STANDARDS I REVISION 1NSTAUATK)N: A, AN EFFORT SHOULD BE MADE TO KEEP THE TRENCH DEPTH LESS THAN 60 INCHES. IF A PERSON IS REOUIREO TO ENTER A TRENCH 60 JNCHES OR DEEPER, IT SMALL BE SHORED. BENCHED, OR SLOPED TO PRMNT MOVEMENT OF EARTH THAT MAY ENDANGER LIFE OR PROPERTY. THE TRENCH CONFIGURATION. UilUTv POSITIONING AND OTHER RELATED CONSTRUCTION MUST CONFORM TO THIS STANDARD AND THE STATE OF CALIFORNIA PUBLIC UTILITIES COMMISSION GENERAL ORDERS 128 AND 112Q AND ANY QTHER APPROPRIATE GOVERNMENTAL AGENCY HAVING JURISDICTION OVER CONSTRUCTION. NOTE: BENCHING THE TRENCH IS FOR SAFEM REASONS ONLY AND NOT TO BE USED FOR INSTALLATION PURPOSES, THE TRENCH DEPTH IN THIS STANDARD SHAU BE FOLLOWED FOR ALL NORMAL INSTALWIONS. IN INSTALLATIONS WHERE THE TRENCH DEPTH CANNOT BE MET, G.O. 128 REQUIRES ONE OF THE FOLLOWING (1) STEEL, OR (2) SCHEDULE 40 PVC OR SCHEDULE 80 PVC CONDUIT WITH A MINIMUM WALL THICKNESS OF 0.15 INCHES, OR (3) A 5 INCH LAYER OF CONCRETE (2 SACK 3/8" ROCK) ABOVE AND 2 INCHES ON D4CI-I SIDE OF THE CONOUIT. REDUCED DEPTHS MUS BE APPROVED BY BOTH THE PROJECT MANAGEMENT SPECIALIST AND SOGdcE INSPECTOR. CONDUIT COMBINATION SMALLER THAN 5 INCH, (NOT MULTIPLE ELECTRIC-ME OR SERVlCE CONDUITS) ME PERMITE0 WITHOUT SEPARATIOY WHEN INSTALLED IN A HORIZONTAL CONFIGURA7lON. SDGdtE TELECOMMUNICATIONS SPACE ALLOTMENT IS PERMITTED NEXT TO THE ELECTRIC SPACE ALLOTMENTS WITHOUT SEPARATION. MINIMUM TRENCH WIDTH. 24 INCH MAXIMUM TRENCH WIDTH) (SEE STANDARD 3376 FOR CONDUIT~~RENCH B c (6 INCH CONFIGURATION). SERVICE GUIDE I BASE AND SHADING MATERIAL FOR GAS TRENCH ONLY IMPORTED MATERIAL CONSlSTlNG OF NATURAL SAND OR MANUFACTURED SAND, EXISTING NATIVE MATERIAL. OR COMBINATIONS MAY BE USED FOR BASE AND SHADING MATERIAL PROVIDED IT COMPLIES WITH CAS STANMD 67405 AND IS OF A QUALI'W, THAT WILL COMPLY WITH COMPACTION REOUIREMENTS OF GOVERNMENTAI. AGENCIES. STANDARD G7405 *SPECIFIES THAT THE MATERIAL MUST HAVE A MIXTURE OF PARTICLE SIZES ALL SMALLER THAN 1/2 INCHES, EXISTING NATIVE MATERIAL AND IMPORTED MATERlAL PROVIDED Bv A OMLOPER DOES NOT HAVE TO BE TESTED-BY AN INDEPENDENT PROFESSIONAL TESTING FIRM IF. IN THE OPINION OF THE INSPECTOR. IT MEETS THE G7WS SPECIFICATION. 3 Indicates Lotest Revision I I New Poge I I information Removed y&,3fs- SDG&E ELECTRIC STANDARDS I REVISION SHADING MATERIAL FOR ELECTRIC TRENCH ONLY ELECTRIC SHADING MATERIAL (ESM) SPECIFICATION. . ACCEPTABLE MATERIAL FOR (DE) DIRECT BURIED CONDUITS. 3370.3 NA~~RAL SAND. MANUFACTURED~SAND. DECOMPOSED GRANITE. ROCK FREE SANDY LOAM, EXISTING NATNE MATERIAL OR COMBINATION THEREOF.; 'AGGREGATE COMPOSITION SHALL BE CAPABLE OF PASSING THROUGH A UNDERGROUND DlSTRl6UTlON (UD) TRENCHES DATE 1-1-2000 APPD m/l/c.& AND UTILIlY POSITIONING - S.D. COUNN 112 INCH SIEVE. GRAVELS SHALL NOT AMOUNT TO MORE THAN SDZ OF THE MIJCTURE. SCREENING OR OTHER SurrABLE MEANS MAY BE REQUIRED AT THE DISCRETION OF THE SOCkE INSPECTOR TO MEET THIS (ESM) SHADING WTERlAL SPECIFICATION. NOT ACCEPTABLE ARE SOILS OF HIGHLY ORGANIC CONTENT IOEKnFlED BY ODOR OR SPONGY FEEL AN0 HIGHLY PLASTIC (SOGGY) CLAYS. SlLTS OR METALLIC SLAG. BACKFILL MATERIAL FOR GAS AND/OR ELECTRIC THE MATERIAL USED FOR BACKflLLlNG THE TRENCH ABOVE THE SWING MATERIAL AND EXTENDING UPWARD To THE SUBGRADE SHALL BE FREE OF ROCKS OR CLODS MGER THAN 6 INCHES IN ANY DIMENSION. THE COARSE MATERN SHALL BE WELL DISTRIBUTED THROUGHOUT THE FINER MATERIAL. THE AMOUNT OF ROCKS OR CLODS SHALL BE LIMITED. IN THE OPINION OF THE INSPECTOR. TO ALLOW FOR BAR EmNC FOR GAS LEAKS. THE - BACKFILL MATERIAL SHALL MEET THE REOUIREMENTS OF ALL APPLICABLE COOES. ORDINANCES -b&D S&&E STANDARDS AN0 BE FREE OF DEBRIS AND ORGANIC MATTER. 1-SACK CO FOR BACKFILL MATERIAL IF THE PIPE GAS IS SHADED WITH A MINIMUM OF OF COMPACTED SHACIINC: RRY MIX MAY BE USED FOR MATERIAL. MEET THE REQUIREMENTS OF GOVERNMENTAL AGENCIES AND SDG&E STANDARDS. 1-SACK CONCRETE SLURRY MIX IS PREFERRED FOR BACKFILL. BASE INSTALLATION FOR GAS: FOR CAS. 3 INCHES OF BASE MATERIAL IS REQUIRED ON THE BOnOM OF THE TRENCH TO PREVENT DAMAGE FROM ROCKS, SAGS, OR POCKETS. EARTH TRENCH BOTTOM INSTALLATION FOR ELECTRIC: (€8 & OB CONDUIT) THE 1 INCH EARTH TRENCH BOTTOM SHALL BE STABLE WlTH A UNIFORM GRADE CONTAINING NO HARD CLODS, ROCKS, flC. THAT MAY DAMAGE THE CONDUIT. IF. IN THE OPlNlON OF THE SDG&E INSPECTOR, THE CONDUIT MAY BE DAMAGED, TAMPING, WETTtNG OR A 3 INCH BASE ELECTRIC SHADING MATERIAL (ESM) MAY BE REQUIRED. COMPACTED SHADING MATER R COMPACTION) SHALL BE , INCHES OF COMPACTED ELECTRIC CONDUIT. A MIN SHADING MATERIAL WILL BE REOUIRED IF, IN THE OPINION OF THE INSPECTOR. THERE IS AN EXCESSM AMOUNT OF ROCK AND CLOOS IN THE BACKFILL. THE SHADING MATERIAL MUST BE INSTALLED AND COMPACTED AT EACH LML BEFORE INSTALLING THE NEXT UTILITY. THE SHADING MATERIAL MUST BE INSTALLED BEFORE THE TRENCH IS BACKFILLED TO PREVENT DAMAGE FROM ROCKS, CLODS. ETC. GAS PIPE SHALL NEVER BE CONCRETE OR SLU,RRY ENCASED, AND SHALL HAVE THE PROPER BASE, SHADING. BACKFILL. AND COMPACTION. ' i 0 , ALL WE, SHADING, AND BACKFILL MATERIAL MUST 8E APPROVED BY AN SDGkE INSPECTOR. @ ONE OR MORE 5 INCH PRIMARY CONDUITS SHALL BE SLURRY ENCASED. F FOREIGN UTILITIES MUST NOT BE LOCATED UNDER ANY SW&E FACILITIES. SUCH AS HANDHOLES, TRANSFORMER PIPE/CONDUFT- SIZE MINIMUM WIDTH MINIMUM TRENCH WIDTH uTILrry SINGLE GAS - SERVICE 1 INCH AND LESS 6 INCHES SINGLE 2 INCH 5 9 INCHES SINGLE GAS 3 AND 4 INCHES 12 INCHES SINGLE GAS 6 AND 8 INCHES 18 INCHES GAS ELECT. TRENCH SINGLE ELECT. 2 INCH CONDUIT 6 INCHES UTILITIES (EXCLUDING GAS) 2 INCH CONDUIT 6 INCHES ELECTRIC ALL SIZES 9 INCHES StNGLE ELECTRIC L FOREtGN UTILITIES (EXCLUDING GAS) LARGER T" 2 INCH 12 INCHES JOINT UTILITIES ALL PERMITTED SIZES 12 INCHES MULTIPLE ELECTRIC SPACERS AN0 1-SACK CONCRETE SLURRY 9 INCHES ' SINGLE ELECTRIC & FOREIGN FOR A GAS OR ELECTRIC SERVICE. IF ANY OBSTRUCTION IS ENCOUNTERED (WATER PIPES, ETC.), A 2 FOOT WIDE X 3 FOOT LONG HOLE MAY BE REQUIRED FOR WORKING ROOM IN THE AREA OF THE OBSTRUCTION. THIS IS TO BE DETERMINED BY AN SDCdrE INSPECTOR. H THE FOREIGN UTILITY (U) SPACE ALLOTMENT MUST BE A MINIMUM OF 6 INCHES BELOW THE GAS MAIN AND 12 INCH RADIAL SEPARATION FROM ALL OTHER UTILITIES MUST BE MAINTAINED (SEE flGURES 1 AN0 5). (U) SPACE ALLOTMENT EXCEEDS A 9 INCH HORIZONTAL MEASUREMENT, IT MUST BE PLACED DIRECTLY ABOVE: THE ELECTRIC SPACE ALLOTMENTS AND SHALL NOT WEND PAST THE OUTER SIDES OF ELECTRIC SPACE ALLOTMENTS. 3. & 4. IF ("5 SPACE ALLOTMENT IS 9' X 9" OR SMAUER, IT IS ALLOWED AT THE SAME LML AS THE ELECTRIC (SEE FfGURE 6). IF FOR INSTALLATION PURPOSES, BENCHING THE: TRENCH IS NOT ALLOWED), SEE FIGURES 2. GAS STD. 7403.4 1x1 Indicates Latest Revision I I Completely Revised TRENCH. ALL EB CONDUIT SHALL BE ENCASED WITH CEMENT SLURRY (1 SACK). CONCRETE OR SLURRY ENCASED IF INCLUDED IN THE MULTIPLE ELECTRIC PACKAGE. OB CONDUIT MAY ALSO BE: New Page Informotion Removed #RWCE mp' REVISION DATE 1 - 1 -2000 APPO &//d SOG&E ELE CTRiC STANDARDS UNDERGROUND DISTRIBUTION (UD) TRENCHES 337c1.4 AND UTILITY POSITIONING - S.D. COUNT/ . SERVKX Gum " 8 lndico tat Lotet t Revision I I Completely Revised I I New Pogc I I information Removed I %3p- I REVISION SDG%E ELECTRIC STANDARDS @ MINIMUM SEPARATION MAlN TRENCH - UTlLrrY HORIZONTAL SEPARATION TELCO MuLnPE CONCREE DUCT (CONDEX), RANSITE, WATER, NOT PERM~TTED IN JOINT TRENCH SEWER. FUEL. OIL, DIESEL, PROPANE GAS, SPRINKLER. DRAIN. LEACH LINES, STEEL GAS MAIN LARGER THAN Z', PRIVATELY OWNED UTILITIES i.e. PRIVATE TELCO, VIDEO, AUDIO. SECURITY WIRES, FIRE ALARM, STREET LIGHTING. ETC.. WITH GAS AND/OR ELECTRIC WATER, SEWER, EXlSnNG GAS OR ELECTRIC, STORM DRAINS. STEAM, IRRIGATION PIPE, SPRINKLER PIPE LARGER THAN 4'. PRIVATE TELCO TRANSIT€, PROPANE GAS 5 FEET WITH 3 FEET OF UNDISTURBED SOIL SEWAGE LEACH LINES OR SEEPAGE PIE IRRIGATION, SPRINKLER PIPE 4' AND LESS FUEL OIL. GASOLINE, DIESEL 5 FEET FROM MAIN TRENCH FOR EACH 1' DEPTH OF MAIN TRENCH .3 FEET PROVIDED DEPTH OF PIPE DOES NOT EXCEED DEPTH OF GAS OR ELECTRIC FROM GAS-15 FEET, FROM ELECT.-S FEET WITH 3 FEET OF UNDISTURBED SOIL IN CONSIDERATION FOR THE SAFETY OF THE GENERAL PUBbC. PERSONS ENGAGED IN CONSTRUCTION. PROPERTY, AND FOR THE OPERATION AND MAINTENANCE OF SOGbE W$XM. PROPANE GAS LINES ARE NOT PERMITTED IN A JOINT TRENCH WITH SDGdrE FACILITIES: ,I 1 * IF FIELD CONDITIONS WILL NOT PERMIT ANY OF THESE SEPARAM)NS. THEN APPRWAL OF REDUCED SEPARATIONS MUST COME FROM BOTH WE CUSTOMER PROJECT PLANNER AND SDGdrE INSPECTOR. ON FIELD CONDITIONS THAT WILL NOT PERMlT STANDARD PARALLEL SEPARATIONS, A 12 INCH MINIMUM SEPARATION IS REQUIRED. PROYANE GAS SHALL ALWAYS HAVE A s FOOT sEPmnm. - VERTICAL (CROSSING) unm SEPARATION MIN. - WEf UTILITIES. TELCO, TV. GAS, ELECT. 6 INCHES FUEL OIL. GASOLINE, DIESEL FROM GAS. 12 INCHES ARC-WELDABLE PIPELINES 3" AND LARGER 18 INCHES STEAM FROM GAS. POLY PIPE 5 FEET (SEE NOTE) FROM ELECT. 6 INCHES FROM ELECT.. 5 FEET NOTE: PLAGE INSULATING BARRIER BETWEEN STEAM MAlN AND POLYETHYLENE PIPE AND/OR ELECTRIC. MINIMUM SEPARATION SERVICE TRENCH IN A SERVICE TRENCH, WATER, SEWER, PROPANE GAS, SPRINKLER, DRAIN, LEACH LINES, PRIVATELY OWNED uTlUTlES ;.e.. PRIVATE TELCO. VIDEO. AUDIO. SECURIM WIRES, FIRE ALARM. STREET LIGHTING. ETC., ARE NOT PERMITIED IN THE SAME TRENCH WITH GAS OR ELECTRIC. WHEN THESE FACILITIES PARALLEL GAS OR ELECTRIC, 12 INCHES SEPARATION BETWEEN SEPARATE TRENCHES SHALL BE MAINTAINED BETWEEN THE UTlLmES WITH AT LEAST 12 INCHES OF UNDISTURBED NATIVE SOIL BETWEEN TRENCHES. 5 FOOT SEPARATION. WHEN CROSSING, A 6 INCH VERTICAL SEPARATION IS REOUIRED. (EXCEPTION) WHEN THERE IS NO SDG~E GAS IN THE sERVrcE TRENCH. A SINGLE NATURAL GAS LINE MAY BE INSTALLED IN THE TRENCH. PROVIDED A 12 INCH RADIAL SEPARATION IS MAINTAINED. MXVIDUAL HOUSE ON A CASE BY CASE BASIS, NOT A GROUP OF HOUSES/BUlLDlNGS). FUEL OIL, GASOLINE, AND DIESEL LINES MUST MAINTAIN A 15 FOOT SEPARATlON FROM GAS PIPELINES AND A FNE FOOT SEPARATION WITH THREE FEET OF UNDISTURBED SOIL SEPARATION FROM ELECTRIC CONDUITS. PROPANE GAS SHALL ALWAYS HAM: A (THIS IS FOR AN If FIELD CONDITIONS WILL NOT PERMIT THESE SEPARATIONS, THEN COME FROM BOTH THE CUSTOMER PROJECT PLANNER AND SDGBrE APPRWAL OF INSPECTOR. REDUCED SEPARATIONS MUST 3370.5 1 UNDERGROUND DISTRIBUTION (UD) TRENCHES [OAT 1-1-96 AND UTILITY POSITIONING - S.D. COUNTY /I APPD m/@ I i CAS STD. 7403.6 RMSION THE GAS MAlN SHALL BE SHALL HAVE A MINIMUM 0 TRENCH ABOVE ANY FORE1 ANY CROSSING INVOLVING GAS SHALL MAINTAIN A MINIMUM VERTICAL SEpARATlON OF 6 INCHES. PUBLIC PROPERTY SHALL REQUIRE THE SAME COVER AND CLEARANCES AS A GAS MAIN. A GAS SERVICE IN A TRENCH ON PRIVATE PROPERTY MAY BE INSTALLED ON THE SAME LEVEL AS FOREIGN UTlLlM OR ELECTRIC. BUT SHALL NOT BE DEEPER THAN THE ELECTRIC SERVICE. SDG&E INSPECTOR IS TO DET€RMINE AT WHICH LEVEL THE GAS SERVICE IS INSTALLED ON PRIVATE PROPERlY. SDG&E INSTALLED STREET LIGHT CIRCUITS. WHEN INSTALLED ALONE IN A TRENCH, SHALL BE AT A MINIMUM DEPTH OF 24 INCHES EVERYWHERE EXCEPT ON PRIVATE PROPERTY, WHERE THE MINIMUM MAY BE 18 INCHES BELOW FINAL GRADE. THE ELECTRIC PRIMARY-’WILL BE ON THE STREET SIDE OF THE TRENCH. THE SDG%E STREET LlGHT CIRCUITS WILL BE ON THE PROPERTY SIDE OF THE TRENCH WHENEVER POSSIBLE. FOREtGN UllLllY STREET LIGHTS (NOT SERIES) SHALL BE ON THE PROPERTY SIDE OF THE TRENCH AT THE SAME LEVEL AS SDG&E CONDUITS AND SHALL MAINTAIN A 12 INCH RADIAL SEPARATION. ALL UTILITIES SHALL MAINTAIN A 6 tNCH SEPARATION WHEN CROSSING ALL SDGBE ELECTRIC. FOR SEPARATION ON THE SERVICE TRENCH. SEE CHART ON PAGE 7403.2 (3370.2). MINIMUM HORIZONTAL SEPARATION FROM GAS PIPE TO ANY FOREIGN SUBSTRUCTURE (VAULTS,. HANDHOL ES, INSTALLED. SHALL BE ON THE PROPERTY SIDE OF THE TRENCH, AND 2 PAD (AFTER COMPACTION) OF SHADING MATERIAL THE WIDTH OF THE: A GAS SERVlCE INSTALLED IN A MAIN TRENCH OR A SERVICE TRENCH ON ., ETC.) SHALL BE 12 INCHES. . -- -” Indicates Latest Revision I I Completely Revised New Poge I I Information Removed I KRvlCE WO‘ I I SDG%E ELECTRIC STANDARDS @ IF AN AGENCY OR UTILITY SUCH AS ME U.S. GOVERNMENT, SAN DlEGO UNIFIED PORT DISTRICT, TELCO, CAW, UC. REOUIRES CONCRETE ENCASEMENT, CONCRETE MAY BE SUBSMUTED FOR THE BACKFILL BASE & SHADING SHALL BE PE STANDARDS. ON SDGLE CONDUITS, EITHER DIRECT BURIED OR CONCRETE ENCASED. A MINIMUM COMPACTED SHADING MATERIAL SHALL BE INSTALLED WER THE UPPERMOST OB CONDUITS BEFO ONCRETE BACKFILL IS INSTALLED. ALL OTHER 1NSTALLATlONS SHALL PROVIDE THE REOUIRED MATERIALS AS SPECIFIED IN THIS STANDARD AND STANDARDS 3365 & 3376. NOTE: THE GAS MAIN, GAS SERVICE SHALL NMR BE CONCRETE OR SLURRY ENCASED AND SHALL HAVE THE PROPER BASE. SHADING. BACKFILL. AND COMPACTION. 0. MlNlMUM SEPARATION OF ANY FOREIGN UTILITY INCLUDING WATER PIPES. SEWER. ETC.. FROM SDG&E SUBSTRUCTURES SHALL BE 12 INCHES. PROPANE GAS SHALL aE s FEET. REFERENCES: @ S. T. 0 0 0 0 X. 2. SEE STANDARD PAGE 3364.1 FOR UTILITY LOCATIONS IN LOCAL AND COLLECTOR STREETS. SEE STANDARD PAGE 3364.2 FOR UTILITY LOCATIONS IN MAJOR STREETS, PRIME ARTERIALS AND EXPRESSWAYS. SEE STANDARD PAGE 3364.3 FOR JOINT TRENCH TYPICAL LOCATION FOR UNDERGROUND CONVERSIONS. SEE STANDARD PAGE 3365 FOR IMPORTED OR NATIVE BACKflLL MATERIAL. SEE STANDARD PAGE 3365 FOR SLURRY BACKFILL MATERIAL. CONCRETE OR CONCRETE SLURRY ENCASEMENT OF ELECTRIC CONDUITS SHALL BE IN ACCORDANCE WITH STANDARD 3376. SEE STANDARD PAGE 3376. 3421, 3425. 3426, AND 3427 FOR CONDUIT CONFIGURATIONS ALLOWED IN THE SERVICE TRENCH. SEE STANDARD 4620 TELECOMMUNICATIONS INSTALLATION. FOR TRENCHING AND SHORING QUESTIONS. SEE SDG&E TRENCHING AND SHORING MANUAL. DATE 1-1-2000 APPD UNDERGROUND DISTRIBUTION (UD) TRENCHES AND UTILITY POSITIONING - S.D. COUNN 3370 - 6 -t 1 ..- . r SCOPE: THIS STANDARD SHOWS FIELD MAPPING REQUIREMENTS OF ELECTRIC CONDUIT FOR THE PURPOSE OF CREATING AN ACCURATE AS-BUILT. I' 1 - PREPARING AS- BUlLiS INTENT - THE INTENT OF PREPARING AN AS-BUILT IN THE FIELD IS TO OBTAIN THE NECESSARY DATA FOR RECORDING WE "MPE," "SIZE," "AMOUNT,' AND "POSKION' OF MATERIAL OR EQUIPMENT INSTALLED AND RECORD THE LOCATION OF THE FACILITIES FOR MAPPING BY THE MAPPING AND RECORDS SECTION. INFORMATION TO BE OBTAINED FOR ELECTRIC UNDERGROUND 1. TIE-DOWNS 4. CONDUIT SIZE 2. SOURCE 5. FOOTAGES By CONDUIT SIZE 3. SUBSTRUCTURES 6. TOTAL QUANTITIES OF SWEEPS/BENDS DATA COLLECTION VS. DmNG QUALITY THE MAPMAKERS COPY NEED ONLY BE CLEAR AND LEGIBLE AND NOT OF DWNG QUALITY. THE PRIORIN PLACED ON FIELD AS-BUILT DRAWINGS SHOULD BE ON THE DATA COLLECTED SUCH AS MEASUREMENTS, QUAIJITIM, SIZE, ETC. IT IS THE RESPONSIBILITY OF THE MAPPING dc RECORDS SECTION TO DW THE FINAL MAP FOR PERMANENT RECORDS. NOTE: iT IS THE RESPONSI6ILlW OF THE CON-RUCTlON DEPARTMENTS AND CONSTRUCTION SERVlCES TO PROVIDE FIELD AS-BUILT JNFORMATION (I.E.. MAPPERS, FOREMEN, ETC.). - IN THE MNT AS-BUILTS REQUIRE AODlTlONAL INFORMATION. THEY WILL BE RETURNED TO THE PERSON ACCOUNTABLE FOR THE AS-BUILT. M-BUILT MUS INCLUDE THE FOLLOWING TO BE ACCEPTED BY MAPPING & RECORDS. WORK ORDER NUMBER, PERSON'S NAhfE WHO DID THE AS-BUILT:NAME OF CONTRACTOR IF DONE BY CONTRACTOR. DATE, AND NAME OF PERSON APPROVING AS-BUILT. ALL REQUESTS FOR CONFIRMATION OF FIELD AS-BUILT DATA SHOULD BE RETURNED TO MAPPING & RECORDS WITHIN (10) WORKING DAYS. NEW COMPANY STANDARD AND POLICY A MAPPER'S PACKAGE IS TO BE PREPARED AND ISSUED ALONG WITH THE WORK ORDER FOB CONSTRUCTION. THE MAPPER'S PACKAGE SHALL CONTAIN THE FOLLOWING ITEMS: A ONE "FULL-SIZE' cow OF THE DESIGN DRAWING. B. C. UG CONDUIT DISPATCH ORDER TO BE COMPETED. 0. ONE REDUCED COPY (IF APPLICABLE) OF THE DESIGN DRAWING. BASEMAP PLOT. (OPTIONAL - NEEDED FOR URGER JOB) NOTE: ALL FIELD AS-BUILTS ARE TO BE CREATED USING ONE COPY FOR THE FULL SIZE OR REDUCED DESIGN DRAWING. RECORD, BY USE OF A GREEN COLORED PENCIL, THE NECESSARY DATA ONTO THE DESIGN DRAWING, USE THE GREEN PENCIL TO SCRATCH THROUGH DESIGN INFORMATION THAT DIFFERS FROM THE MOM: COPIES ARE FOR THE USE OF THE PERSON RESPONSIBLE FOR PREPARING THE FIELD AS BUILT. THESE COPIES ARE STAMPED AS SUCH NOT TO BE USED FOR OTHER PURPOSES. THE AS-BUILT INFORMATION. IN THE APPROXIMATE AS-BUILT LOCATION. THIS FORMAT SHOULD BE USED ON ALL flELD AS-BUILD IF PRIMARY OR SERVICE CONDUIT HAS A LOCATION SUBSTANTIALLY DIFFERENT THAN INDICATED ON THE ORIGINAL DESIGN, LINE THROUGH THE ORIGINAL LOCATION AND DRAW DRAWINGS. ALL DATA AND/OR CORRECTED INFORMATION As TO SIZE, LENGTH, POSITION, OR QUANTITY IS TO BE TRANSFERRED FROM THE DESIGN DRAWING ON TO THE APPROPRIATE DISPATCH ORDER AND LOCATION. ANY ADDITIONAL UNDESIGNED CONDUIT Of? STRUCTURES WILL BE SHOWN PER THE SAME STANDARDS. .. Information Removed ':'.:.'.I Indicates Lotest Revision I I Completely Revised New Poge - I REVISION SOGBtE ELECTRIC STANDARDS IDATE 1-1-94 ELECTRIC CONDUIT FIELD MAPPING 3150.1 1 T? 31 50.2 ELECTRIC CONDUIT FIELD MAPPING )ATE 1-1-94 WPD &/w 1. MELD MAPPING OF ELECTRIC CONDUIT UNDERGROUND A. ~NDERGROUND ELECTRIC DESIGN SYMBOLS SHALL BE AS SHOWN IN ELECTRIC MAPPING STANDARDS, PAGE 3111 THROUGH 3150. @ ALL ELECTRIC DUCT RUNS, INCLUCING SEmCES, WHICH COME FROM PADS, HANDHOLES, CABLE POLES. OR MANHOLES, AND THAT CROSS A STREET. SHALL SHOW THE POSITION OF THE TRENCH CROSSING THE STREU IN RELATION TO THE NEAREST LOT LINE. @ A DUCT LEAWING A PULL BOX AND GOING TO AN ADJACENT LOT SHALL SHOW THE TRENCH POSITION IN REUTION TO THE PROPERTY LINE AND THE POINT AT WHICH If CROSSES INTO PRIVATE PROPERM IN RELATION TO THE CENTERLiNE OF THE ORClNATlNG STRUCTURE AND/OR NEAREST PROPERTY LlNE CORNER. MEASURE- MENT SHOULD BE TAKEN FROM A PERMANENT LOCATION AND EDGE OF R/W OR PROPERTY LINE TO THE END OF THE CONDUIT. (MINIMUM OF TWO TIE-DOWNS). AS TO KEEP CREW EXPOSURE TO TRAFFIC AT A MINIMUM. @ ALWAYS TIE DOWN THE ENDS OF EMPTY CONDUIT BEING INSTALLED FOR FUTURE EXTENSION. EXAMPLES OF PERMANEM LOCATIONS ARE CENTERLINE OF STRUCTURES NOTE: REFERENCE POINTS SHOULD BE CHOSEN IN SUCH A MANNER @ WHEN INSTALLING CONDUIT, A CENTERLINE MEASUREMENT IS NEEDED BETWEEN SUBSTRUCTURES AND BETWEEN THE CENTERLINE OF THE BUTT OF THE CABLE POLE AND THE FIRST SUBSTRUCTURE. ON TYPICAL STREET SECTION ANY VARIANCE FROM DESIGN. DESIGN DRAWING, THE DISTNJCE FROM RIGHT-OF-WAY OR PROPERM LINE, STRAIGHT CENTER LINE SHALL BE INDICATED. @ IF A SUBSTRUCTURE OR CONDUIT IS SUBSTITUTED ON THE JOB SITE, THE APPROPRIATE SYMBOL AND/OR C?LLOUT SHOULD BE MARKED ON THE DESIGN DRAWING. @ WHEN SUBSTRUCTURE DETAILS ARE INCLUDED AS PART OF THE DESIGN DRAWING, NOTE ANY CHANGES NOTE IF NO STREET MPlCAL SECTION IS ON THE TO THE ORIGINAL. INCLUOING -LE SIZE. CONDUIT SIZE. AND KNOCK OUT POSITION. Completdy Rtv'scd .:. lndicotes Lotcst Revision New Poge Informotion Removed e I t I k I I . I I .. ., c a - 5’- I- 86’ f- 58’ J 1.:; .I lndicotes Lotart Revision I I Completely Revised I I New Pose I I Information Removed - I. . I ~~ REV1 SI ON SDC&E ELECTRIC STANDARDS 3150-3 I ELECTRIC CONDUIT FIELD MAPPING . I lo' I i I t. I @ 1-2" indico tes Lo tes t Revision Completely Revised (New Poge (OPTIONAL) 82' TO CURB Informotion Removed \ DATE 1-1-94 APP D )YB/~ ELECTRIC CONDUIT FIELD MAPPING 3150 .4 TYPICAL STREET SECTION NO SCALE 1’ , 31 50.5 ,d I 1 ’. lndicotes Lotest Revision Completely Revised New Pogc Informotion Removed SDGBrE ELECTRIC STANDARDS REVISION DATE 1-1-94 ELECTRIC CONDUIT FIELD MAPPING 934-‘ n 1EB5”-191 \9 I I ’ I D119? R/W 36’ 8’1>4‘ 934-77 D 1 19323 f! .. '1 r REVlSlON DATE 1-1-94 APPD &&/w 2-5', #'lo00 1-4" SPARE Completely Revised I New Page I I Informotion Rcmowd . .. lndicotes Latest Revision SDG&E ELECTRIC STANDARDS ELECTRIC CONDUIT FIELD MAPPING 3150.6 149 2-5". #IO00 T c5 136 1-4". #2/0 ?I 147 1-4". #2/0 ~~ -~ Submitted to Applicant by San Diego Gas & Electric Generd Conditions for Underground Electric Distribution, Senice Systems Construction and Gas Trench PROJECT W0,RK ORDER NUMBER AND PROJECT TITLE PROJECT COORDINATOR PH: ..................... ,.. . ALL WORK DONE PURSUANT TO THE A77ACHED MUST BE ACCOMPLISHED IN COMPLIANCE WITH THE FEDERAL AND STATE OF CALIFORNIA OCCUPATIQNAL SAFETY AND HEALTH ACT. . 1 .o 2.0 DEFINITION OF TERMS 3.0 CONTRACT DOCUMENTS 4.0 SCOPE OF GENERAL CONDITIONS INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS 5.0 SDG&E'S RIGHT TO DO WORK 6.0 SCHEDULING 7.0 SURVEY AND EASEMENTS 8.0 PAVEMENT REMOVAL AND REPLACEMENT 9.0 EXCAVATIONS 10.0 INSTALLATION OF CONDUIT 11.0 BACKFILL AND COMPACTION 12.0 SUBSTRUCTURES 13.0 CABLE INSTALLATIONS (NEW) 14.0 SAFEGUARDS 15.0 CHANGES IN WORK 16.0 PHASING FOR ENERGIZING 17.0 DRAWINGS AND PRINTS 18.0 RELATIONSHIP OF PARTIES 19.0 FINAL ACCEPTANCE 20.0 WARRANTY 21 .o PERMITS AND LICENSES 22.0 INDEMNITY 23.0 PUBLIC RELATIONS 24.0 UNION LABOR IF APPLICABLE 25.0 26.0 NOTICE OR DEMAND RISK OF LOSS OR DAMAGE 4 1 .O These General Conditions apply to new underground electric facilities and gas trench where the facilities being installed by an Applicant or by an applicant's contractor are for operations by SDG&E. SCOPE OF GENERAL CONDITIONS 2.0 DEFINITION OF TERMS The following terms in these General Conditions shall be. applied as follows: 2.1 "Agent" - Those persons authorized to act for or represent the Applicant or SDG&E. 2.2 "Applicant" - The party or parties contracting with SDG&E for underground facilities and .to perform work described in these General Conditions. 2.3 "Contract Documents" - The Contracts, Agreements, Specifications, General Conditions, SDG&E Standards, drawings, permits and other papers for the purpose of construction or pertaining to construction of underground electric facilities and gas trench. 2.4 "Day or Days" - Normal SDG&E work days (Monday through Friday) unless otherwise specified. 2.5 "Excavation" - Trenching, boring, and removal of soil required for the installation of substructures, all necessary backfilling including required imported backfill material and removal of trench spoil, and acceptable surface repair to the local governing authority's specifications. 2.6 "Final Acceptance" - SDG&E's acceptance of all work performed by the Applicant includes "as-built" drawings and reconciliation of all material obtained for SDG&E. 2.7 "Final Grade" - The grade after paving and landscaping are completed. 2.8 "Finish Grade" - The grade shown on plans. 2.9 "Improvements"- The requirements of either the governing municipality or SDG&E which will ensure protection for SDG&E facilities and provide verification of finish 2.10 "Inspector" - The SDG&E employee assigned to inspect and accept or reject work on of with the Contract Documents, SDG&E en issued to the Construction Depanment and all related holds (monies, contracts, Right of Ways, etc.) have been removed. "Landowner" - Public or private entity, or a natural person or persons, whose property is affected in any way by construction performed by Applicant. - 2.1 2 2.1 3 "Project Coordinator" - The SDG&E employee assigned to coordinate projects through construction. The Project Coordinator will work with the SDG&E Inspector and Applicant to coordinate the scheduling of SDG&E crews. 1 3 -0 4.0 2.14 2.1 5 2.16 2.17 2.1 8 2.1 9 "SDG&E" - San Diego' Gas & Electric Company (including its contractoc . subcontractors, employees, representatives or agents). "SDG&E Standards" - SDG&E Gas and Electric Construction Standards, including SDG&E's "Service Guide" (available upon request). "Specifications" - The construction drawings (including any revisions, supplements or SDG&E approved field changes) furnished to the Applicant detailing the work to be performed. 'Substructures" - Includes, but are not limited to, manholes, handholes, vaults, pads (for transformers, terminators or fuse cabinets), grounding grids and other structures needed to accommodate cables, connections, transformer and appurtenances. "Vault Book" - SDG&E transformer vault specifications. "Work" - The performing of all labor and the furnishing and installing of all materials and equipment, necessary to accomplish all the duties and obligations imposed by the Contract Documents and Specifications. CONTRACT DOCUMENTS 3.1 These Contract Documents are mutually binding on all and the Applicant must be thoroughly f arniliar with them. Technical trade terminology shall retain well known meanings. AI1 Applicant work responsibility and any work reasonably inferred necessary to produce the intended results, shall be supplied by the Applicant. Specified dimensions (except as provided in section 15.0) shalt govern. Work or specified shall be performed in the same manner as similar work specified. SpecifiL details take precedence in the manner of construction. INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS 4.1 4.2 4.3 4.4 All work and materials shall be of SDG&E approved manufaciure c!ass or grade specified in the Contract Documents. It shall be the Applicant's responsibility to thoroughly familiarize all of its Agents with the contents of the Contract Documents and to accurately advise SDG&E of its construction schedule. SDG&E will be represented in the field by an Inspector and all work and material shall be subject at all times to inspection by the Inspector. Applicant is required to call the number in Section 6.0 for inspection of his work by 2:30 p.m. one work day prior to the date inspection is requested. The Inspector will inspect each completed stage of Applicant's work including: trenching, substructure installation, conduit installation, backfill, compaction, and cabling. As each stage is completed, it will be approved by the Inspector. If SDG&E crews are needed, they will be dispatched as available after the Inspector has verified that the Applicant has satisfactorily performed his portion of the work. Any workmanship or material supplied by the Applicant which does not meet the criteria specified in the Contract Documents may be rejected by the Inspector whose decisions shall be final and conclusive. The decision of SDG&E shall be final as to all matters of interpretation of the Contract Documents. Any workmanship or material rejected by the Inspector shall be replaced by Applicani at Applicant's expense. Inspections and final acceptance shall not relieve the Applicant's obligation to complete the work in accordance with the Contract Documents and SDG&E Standards. 2 # 5.0 SDG&E'S RIGHT TO WORK , If the Applicant fails to perform the work in accordance with the standards, within the prescribed time period, or any obligation imposed by the contract documents, SDG&E, except as indicated below, after giving seven days' written notice to the Applicant, may take over and finish the Applicant's work or may correct any defects at the Applicant's expense. If SDG&E is unable to collect reimbursement for its cost of work after 30 days from completion of the work, the actual cost may be deducted from Applicant's refundable monies on deposit with SDG&E, or, at its option, SDG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 6.0 SCHEDULING After receipt of written notification from SDG&E that construction orders have been released and issued, the Applicant shall immediately advise SDG&E of the construction schedule, arrange a pre- construction meeting with the Project Coordinator and verbally confirm the start date two working days in advance of trenching. 6.1 All work by Applicant shall be coordinated with SDG&E in a manner that will permit SDG&E or its Agents to perform its work without delay and in an efficient manner throughout the period of construction without being required to reschedule its construction forces after starting the field installation. 6.2 The Applicant understands that trenching and backfilling must be coordinated with the installation of facilities such as gas piping and/or equipment by SDG&E. The Applicant shall contact the Project Coordinator to avoid SDG&E construction schedule delays. The Inspector will specify the amount of clear open trench for SDG&E work. Inspector and Construction Crew work will be performed during normal business hours. The Applicant shall continue trenching to allow the project to be completed in an efficient manner. Joint trench agreements with other underground utilities must be approved by SDG&E before the start of construction and coordinated to avoid conflicts between construction forces. 6.3 The Applicant should call Underground Service Alert (1 -800-422-41 33) for mark-out two working days before trenching. The Applicant must locate all existing facilities before construction and protect them throughout the construction period. Gas and electric facilities will not be installed until all wet utilities have been installed and backfilled. Pressurized sprinklers and irrigation lines installed after SDG&E's facilities must maintain the minimum clearances specified in SDG&E Standards. 6.4 Applicant shall report to Project Coordinator any damage to any facilities resulting from the construction and shall file a complete written repon with SDG&E of the surrounding circumstances within 24-hours of the incident or by the end of the next working day. 7.0 SURVEY AND EASEMENTS The Applicant shall be responsible for establishing and maintaining alignment and finish grade for SDG&E substructures and trenches throughout the construction of the project. SDG&E will survey, obtain easements and stake trench positions when easements dictate a definite route on private property, or in a dedicated street position. - 8.0 PAVEMENT REMOVAL AND REPLACEMENT 8.1 Applicant agrees, that when trenching or excavating in paved streets or sidewalks, all cutting, removal and replacement of pavement or concrete shall be performed by 3 _. methods which meet the requirements of all governmental authorities has’ 3 jurisdiction. 8.2 Applicant agrees that any cunailment or rerouting of traffic necessirated by Applicant’s work within streets or sidewalk areas shall be coordinated with all governmental authorities having jurisdiction. 9.0 EXCAVATIONS 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.0 9.9 Excavations for substructures shall be made to such dimensions and grade lines as are necessary to perform the work shown by Specifications and to a depth that will provide the ground coverage between the top of the conduit entering the substructures and finish grade directed in the appropriate SDG&E Standards. Applicant shall verify in writing that all substructures are set to finish grade prior to backfilling. The Applicant shall maintain finish grade stakes for all four corners of all substructures until final backfill and compaction has been completed and accepted by Inspector. Should any adjustments to substructures be required due to variations in final grade not previously submitted to SDG&E. all costs for adjustments made by SDG&E shall be borne by the Applicant. Trenches shall be excavated in accordance with location and alignment shown on the Specifications and to provide minimum width and depth necessary to install the substructures, electric lines or gas pipe as specified in SDG&E Standards. Bottom of excavations and trenches shall be free of rocks, dirt clods and pockets and shall be graded with a base so that sags will not occur in any conduit or gas pipe placed therein as specified in SDG&E Standards. Any excavation made to an incorrect depth shall be adjusted to the correct depth and thoroughly compacted by Applicant in accordance with the compaction requirements of the Contract Documents. Where excavations occur in soil, which is, in the opinion of the Inspector, xs?able and unsuitable for adequately supporting the conduit, gas pipe or substructures, reinforcement shall be required and constructed to accommodate the injividual case as determined by SDG&E. The Applicant shall not place excavated soil where it would pose a hazard IO pedestrian or vehicular traffic or interfere with the installation of SDG&E facilities. The Applicant is responsible for the disposal of all excess soil. If SDG&E encounters hazardous or toxic material while performing construction on the project, SDG&E will halt work immediately, and it will be the Appiicant‘s responsibility to remove and or clean up all hazardous toxic material. SDG&E will have no liability or obligation whatsoever’to clean up, remove or remediate any hazardous or toxic materials discovered during the course of construction,. unless the material were deposited through the negligence of SDG&E. The location of all excavation is subject to change as necessitated by conflicts, obstacles, or field conditions revealed by actual examination during construction and Applicant agrees to pay any additional trenching, excavation, backfill, compaction, pavement replacement or other costs required by such changes in location. When padmount equipment is to be installed in a location which requires equipment barriers or retaining walls, Applicant shall install them in accordance with SDG&E Standards. 4 1 9.10 Retaining walls may be used as an acceptable alternative to establishment of proper grade. They shall be provided and installed at Applicant’s expense per SDG&E Standards. If retaining walls are required for any reason during the warranty period, they also shall be provided and installed at Applicant’s expense. 10.0 INSTALLATION OF CONDUlT THE FOLLOWING PROVlSlONS APPLY TO APPLICANT’S INSTALLATION OF CONDUIT: 10.1 Conduits shall be installed in the trench in the alignment shown on the Specifications and all material used shall be those specified in SDG&E Standards. 10.2 On approval of Inspector, ground cover may be reduced where the specified minimum ground cover cannot be obtained in crossing over storm drains, foreign substructures, or other obstacles. 10.3 Extreme care shall be exercised to ensure that foreign matter does not enter the conduits during installation, or at any other time thereafter. 10.4 When such responsibilities are shown on the Specifications, cable pole conduits shall be SDG&E approved and installed per SDG&E Standards unless otherwise instructed by the Inspector. 10.5 Manufactured horizontal bends in the conduit shall be installed according to SDG&E Standards. Should field conditions warrant a lesser radius, the Applicant shall obtain SDG&E approval. 10.6 Aft concrete, unless otherwise permitted by Inspector, shall be ready mixed and shall meet the requirements of SDG&E Standards, 10.7 The installation of conduit by Applicant must be coordinated with SDG&E or its Agent to permit the installation of substructures and any conduit which may be installed by SDG&E. After the substructures are placed in position, the conduits shall be terminated in the substructure per SDG&E Standards. 10.8 Service conduit stubs shall be extended and marked three feet beyond the substructure or retaining wall according to SDG&E Standards. 10.9 Any trench or excavation of 5 feet or more in depth, which will be entered by SDG&E employees, requires spoil to be placed a minimum of 24 inches from edge of excavation. Depths of less than 5 feet, require a minimum clearance of 12 inches. Shoring or sloping may be required in depths less than 5 feet and is required for depths 5 feet or more (OSHA). 10.1 0 Gas and electric facilities in conflict with other construction must be shown on plans provided by Applicant, and SDG&E must be notified prior to trenching. Street light circuits, CATV and telephone positions must be verified by the Applicant with each serving agency and installed to their specifications in addition to SDG&E Specifications. 10.1 1 10.1 2 Each run between substructures, pads, customer‘s service, risers, etc., shall be one size conduit continuously, Le., no reducers are allowed except where the conduit enters the substructure or above the ground level on a riser pole. Deviations must be approved by SDG& E. 106-35140F 1292 5 I. 1 0.13 All plastic conduit shall comply with SDG&E Standards, identified by manufacturer's marking, and be verified that it is an approved conduit. Conduit found to be defective or not on approved supplier's list shall not be acceptable. 1 0.14 Installation of electric conduits with concrete substructures must be coordinated with SDG&E. All conduits shall enter a substructure in a horizontal plane, using bottom set of knockouts first, exception being a 3315, 3316 and 3324 manhole in which pan of the job package are pages showing conduit placement to assure correct cable training and connections. Conduits shall be terminated in substructures per SDG&E Standards. Open conduit ends shall be sealed during construction to prevent contamination inside conduit. Conduits must be watertight and mechanically sound at entry point. 10.15 Core boring can only be authorized by SDG&E to insure against structural damage. All work must be performed per SDG&E Standards. Conduits used with core boring must be grouted. 10.16 Mandreling of conduit must be performed by the installer in the presence of SDG&E Inspector. The conduit installer must provide a 3/16 inch polypropelene pullrope in each conduit. The rope shall be approved by SDG&E and have a minimum average tensile strength of 720 Ibs. Pullrope tails of 24 inches shall be secured at each end of the conduit. 1 1 .o BACKFILL AND COMPACTION When Applicant's responsibility under the Contract Documents includes base, shading, backfill and compaction, the following provisions apply: 1 1.1 Backfill, base and shading shall be made with materials and by methods which will meet the requirements of all applicable codes, ordinances and SDG&E Standards. It must be approved by SDG&E Inspector. 1 1.2 Compaction shall be performed in accordance with governmental agencies and shall have a minimum of 90% relative compaction. 11.3 When gas piping is installed and not energized, shading will be done the same day, if practical, but not later than the following calendar day. Gas mains must be shaded and backfilled before they are energized. Gas services, when energized, must be covered during the same working day. During construction, new service lines must be made safe from normally anticipated hazards. Energized service lines left unattended must have a minimum of 12" cover on private property and 18" on public property. Completion of the backfill must be made in a timely manner. 11.4 Shading between the different levels of jointly used trench must be compacted with reasonable care to prevent damage to the facilities installed and shall be compacted before proceeding with the next utility installation. 11.5 Soil filled sacks or redwood timber breakers shall be installed across trenches as required by the Inspector in banks exceeding 25% slope. Water diversion berms shall be cut diagonally across trenches and working strips on banks exceeding 35% slope. The Inspector may require cement slurry backfill on slopes as specified in SDG&E Standards. 6 12.0 SUBSTRUCTURES 12.1 GENERAL Unless otherwise specified, all substructures, and related hardware including, but not limited to, frames, covers, barrier posts, ladders, ground rods, ground grids and cable supports shall be provided and installed by the party responsible for installing the substructures and shall comply with SDG&E Standards and SDG&E Vault Books. All of the substructures and related hardware used are to be approved by SDG&E. The above facilities, if applicable, will be installed at locations specified by the Specifications and in a manner prescribed by SDG&E Standards. 12.2 PRIMARY MANHOLES AND VAULTS The location of conduit entrances or recesses and sumps shall be as shown in SDG&E Standards. Manhole or Vault entrances shall be installed as shown on the specifications. Neck extensions shall be ordered with the manhole or vault and shall be adjusted to permit installation of the cover at final grade. 12.3 PRIMARY HANDHOLES When Applicant's responsibility under the Contract Documents includes all or a poaion of the substructures, Applicant shall adjust the top section and lid to final grade per SDG&E Standards. Conduits entering handholes shall be terminated in accordance with section 10.8. Where any substructures are to be installed by SDG&E or its contractors and Applicant is responsible for excavation, finish grade must be established to within 3" before substructure can be set. The top section and lid shall be adjusted to final grade by SDG&E or its contractor if less than a 3" adjustment is required. The developer is responsible for maintaining the excavations for substructures for a period of five days. If SDG&E has not installed the substructures within the five day period, SDG&E assumes responsibility for the excavation. . 12.4 2 Prior to the installation of these facilities, the Applicant must complete the improvements adjacent to these facilities including barrier posts. Proper compaction,' and final grade must be established by Applicant and inspected by SDG&E for the transformer and equipment pads. Applicant must complete the required excavation for secondary handholes and site preparation for pads. 12.5 COMPLETION OF IMPROVEMENTS The Applicant must complete improvements (including proper compaction, final grade, excavation and site preparation) adjacent to pads and secondary handholes prior to scheduiing SDG&E crews for installation and energizing of facilities. If improvements are to be installed in segments, a minimum of 10 feet of improvements fronting electric facilities is required. Any damaged substructure shall be replaced by the Applicant before the system is energized. 13.0 CABLE INSTALLATIONS THE FOLLOWING PROVISIONS APPLY TO APPLICANT'S INSTALLATION OF CABLE: 13.1 It shall be Contractor's responsibility to protect the cable and other material furnished by SDG&E against damage. Cable pulling methods shall be subject to the approval of the Project Coordinator. If cable or associated materials are damaged due to . IK35140~ 1292 7 13.2 13.3 13.4 13.5 ? Contractor's negligence or faulty equipment, Contractor shafl replace damaged section in a manner satisfactory to SOG&E and at no additional cost to SDG&E. All sections of cable that are damaged by the application of grips shall be discarded. All cable ends shall be sealed to effectively prevent moisture from entering the cable. HANDLING REELS lnsuection Contractor shall inspect each reel upon receipt to-determine whether or not visible damage has occurred during transit and/or storage. foadina and Unloadinq Reels shall be handled in such manner as to prevent smashing, nicking, cutting or other damage to the cable. When unioading reels from trucks, reels shall not be dropped to the ground or allowed to roll freely down ramps. Cranes or other equipment of adequatexapacity shall be utilized, and care shall be taken to avoid damage to the cable or reels. Final InsDection After removing lagging or other protective covering from reels, Contractor shall examine outside layer of each reel to be sure that the cable is undamaged and that no nails, staples, or other sharp objects which would damage the cable during unreeling protrude on the inside of the reelheads. Emotv Reels Contractor shall return all empty returnable reels prior to completion of the work as instructed by the Project Coordinator. Contranor shall dispose of all empty non-refundable reels. SPLICES Unless otherwise directed, splices shall be made in accordance with SDG&E Standards. The Project Coordinator shall be present when all primary splices are performed, and shall reject those splices which do not comply with SDG&E Standards. Failure to notify the Project Coordinator is justification for rejection of the splices not performed in the Project Coordinator's presence. lhetoo ired fo ctor ed by SDG PROOF TESTING All primary installations anent connenio distribution system. The nt during all proof Failure to notify the Proi rejection of the performed in the Project Coo The devices and methods utilized by Contractor for proof-testing shall depend upon the circuit configuration and type of equipment. Testing methods shall be in accordance with approved SDG&E procedures. - 14.0 SAFEGUARDS All material, work, traffic control and work areas shall comply with ali applicable Federal, State, and local safety laws or rules that are necessary to protect Applicant's and SDG&E's employees, the public, and workmen during the time of construction. Applicant shall take all steps to protect prope.rty 0 9 adjacent to the construction project from damage resulting from work specified and performed hereunder. 15.0 CHANGES IN WORK Modification of the Specifications may be made in writing by mutual agreement between the Applicant and SDG&E. Requests for changes shall be directed to Planner. Such changes may cause delays in construction and require an engineering fee and revision to the Specifications, and costs resulting from work changes are the Applicant's responsibility under section 20.0. Minor changes for adverse field conditions may be approved in writing at the job site by the Inspector to facilitate construction. 16.0 PHASING FOR ENERGIZING (Applies only when cabling is installed by SDG&EI When SDG&E and the Applicant agree before the completion of final Specifications, portions of the underground facilities may be phased for energizing before Final Acceptance provided the phasing does not delay completion of the entire project, SDG&E retains control of the energized portion, and the energized area is compatible with the system design and SDG&E's safety practices. Energizing portions of systems shall in no way relieve the Applicant of any of its duties. 17.0 DRAWINGS AND PRINTS 17.1 Applicant shall at all times maintain a set of the current Specifications at the job site, and these will at all times be available for inspection by the Inspector who shall have access thereto on request. Applicant shall maintain at the job site any related project plans (e.g. alignment and finish grade of street improvements) approved by the governmental agencies having jurisdiction. 17.2 Prior to energizing, Applicant shall provide as-built drawings of facilities installed by the Applicant or his contractor per SDG&E Standards. 18.0 RELATIONSHIP OF PARTIES In assuming and performing the obligations of these Contract Documents, Applicant is acting as an independent contractor. Applicant shall .assume full responsibility for the ownership, custody, and control of work and facilities to be constructed. All persons employed by Applicant in connection herewith shall be employees of Applicant. SDG&E's inspections, or any suggestions or objections made by SDG&E shall not constitute or be construed as an exercise of management or supervision over the work, nor shall it be construed as acceptance of the work, or any part thereof, as it progresses, nor shall it limit or affect the right of SDG&E to reject any pan or all of the work when completed in case the same does not conform to Contract Documents. 19.0 FINAL ACCEPTANCE Final acceptance by SDG&E will be made when Applicant has provided "as-built" drawings and satisfactorily completed all work and improvements as called for in the Contract Documents including reconciliation of materials. SDG&E shall notify Applicant in writing of final acceptance of the work. Failure or neglect on the part of SDG&E to reject inferior work during the construction period shall not be construed to imply acceptance of such work nor to preclude its right to reject it. Applicant shall be required to correct all defects which become evident at any time prior to final acceptance of Applicant's work by SDG&E. The cost of all such repairs, material, labor, and overheads shall be borne by Applicant. Ownership, custody, and control of the work and facilities shall pass to SDG&E only upon Final Acceptance. 106.35140F I292 9 -. I 20.0 WARRANTY The Applicant expressly represents and warrants that all work performed and all materials used are free from defects of workmanship and conform to the Applicant's Contract obligations. This warranty shall commence upon Final Acceptance and end one year from that date. The Applicant shall pay the actual cost to SDG&E for any breach of this warranty corrected by SDG&E (including labor, material and overheads). If SDG&E is unable to collect for the work after 30 days from completion, the actual cost may be deducted from the Applicant's refundable monies on deposit with SDG&E. SDG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 21 .O PERMITS AND LICENSES The Applicant shall obtain and pay for all permits and licenses required by governing agencies before starting any work. In the event any governmental agency imposes conditions which necessitate any changes in the trench or conduit system shown on the Specifications, the Applicant agrees not to proceed with any work affected by the conditions until SDG&E has completed the necessary redesign of construction drawings and new agreement documents have been signed by SDG&E and the Applicant. New agreements shall be the standard agreements in effect at the time the changes are made. 22.0 INDEMNITY Applicant will indemnify, defend, hold SDG&E its employees and agents harmless from any and all claims, demands, loss, liability or expense (including attorneys' fees) for injury to or death of any person, or damage to or destruction of any property, in any way resulting from or connected with the performance of the work by Applicant's Contractor, its agents, employees, or subcontractors regardless of the negligence of SDG&E except in those cases where SDG&E has been solely negligent or SDG&E's willful misconduct caused the damage or injury. For purposes of this indemnificarion, SDG&E's inspections, objections or comments shall NOT be construed as an exercise of management or supervision. 23.0 PUBLIC RELATIONS The Applicant shall maintain a good public image. Excess soil, litter and debris around the work area shall be removed during construction. Due precauticn shall be observed to avoid damage to lawns, trees, shrubs, flowers, fences and other property. All landowners and tenants shall be notified in advance when work interferes with their use of walks, driveways, roadways or entrances. Any disagreements, problems or adverse criticism in connection with the work from area landowners, tenants, the general public or public officials shall be reported promptly to the Project Coordinator. 24.0 UNION LABOR IF APPLICABLE If for any reason, any work is performed by Applicant upon facilities that are at the time of work by Applicant, owned and maintained by SDG&E, Applicant agrees that such work shall be done in compliance with the terms and conditions of that amended Agreement between SDG&E and Local Union 465, International Brotherhood of Electrical Workers, or such other agreements as may be entered into between the Applicants' Contractor and bona fide unions of international organizations affiliated with the American Federation of Labor and Congress of Industrial Organizations or other bona fide labor organizations. 25.0 RISK OF LOSS OR DAMAGE The Applicant must take proper care to protect, and avoid any loss or damage to, material and/or equipment furnished by the Applicant or by SDG&E until Final Acceptance. Any damage, injury or loss shall be repaired, corrected or replaced by the Applicant at his sole expense. If the Applicant fails to do so, SDG&E may complete the work and deduct such costs from any amounts due or to become due 10 * to Applicanl. or SDG&E may, at irs Option. recover such cos; by claim againsz the surety on the perforrnanco bond furnished by Applicant. 26.0 NOTICE OK DEMAND Any notice or demand which may or must be given by either party to the other hereunder unless otherwise specified shall be made in wriring and shall be deemed to have been duly given when delivered by personai service, or 24-hours after it is depositzd for mailing at San Diego, California, by certified Unired States mail, postage prepaid, addresssd 'as follows, or to such other place as the parties may hereafrer in writing direct: TO UTILITY: TO APPLICANT: San Diego Gas' & Electric Company P.O. Box 1831 San Diego, CA 921 12 - 4150 Address Attention: ~ ~- Attention: 11 *3700/3702 Jefferson = 1-2” duct from existing telco pedestal to south side of building. *37 1U37 14 Jefferson = 1-2” duct from existing telco pedestal to north side of building. *3724/3726 Jefferson = 1-2” duct from existing telco pedestal to north side of building. *3726 Jefferson = 1-2” duct from existing telco pedestal to north side of building. *3748/3750 Jefferson = 1-2” duct hm existing telco pedestal to south side of building. *3760/3762 Jefferson = 1-2” duct from existing telco pedestal to north side of building. Existing pole P27654J to new telco pedestal location #I = 1-4” duct, *3772/3774 Jefferson = 1-2” duct from new telco pedestal location #I to south side of building. *3784/3786 Jefferson = 1-2” duct from new telco pedestal location #1 to north side of building. Existing pole P220 16 to new telco pedestal location #2 = 1-4” duct. *3800/3802 Jefferson = 1-2” duct hm new telco pedestal location #2 to north side of building. *3812/3814 Jefferson = 1-2” duct from new telco pedestal location #2 to north side of building. *3824/3826 Jefferson = 1-2” duct from existing pole 604127H to north side of building. APPENDIX "E" SOILS ANALYSIS & technical and Emronmenul Sciences Consultants July 17,2002 Project No. 104669002 Ms. Marie1 Cairns 'PBS&J 175 Calle Magdalena Encinitas, California 92024 Subject: Pavement Recommendations Jefferson Street North Carlsbad, California Dear Ms. Cairns: In accordance with your request and authorization, we have performed sampling and laboratory testing of subgrade soils at the Jefferson Street North project in Carlsbad, California. Subgrade soils were collected from two locations and tested for R-value. The laboratory test results are attached. Based on the results of our subsurface evaluation, laboratory tests, and our experience with soils similar to those encountered at and near the site, we have assumed an R-value of 68 for the preliminary basis for design of flexible pavements at the project site. Actual pavement recommendations should be based on R-value tests per- formed on bulk samples of the soils that are exposed at the finished subgrade elevations across the site prior to paving. We understand that this portion of Jefferson Street is considered a local street. Based on a Traffic Index (TI) of 5.0. we recommend a pavement section consisting of 3 inches of asphalt concrete over 6 inches of Caltrans Class Jl aggregate base. If this portion of Jefferson Street is considered a collector street, we would recommend a TI of 6.0 be used and a pavement section consisting of 4 inches of asphalt concrete over 6 inches of Caltrans Class II aggregate base. We recommend that the geotechnical consultant re- evaluate the pavement design, based on the R-value of the subgrade material exposed at the time of con- struction. We recommend that the upper 12 inches of the subgrade be compacted to a relative compaction of 95 or more percent of the maximum dry density as evaluated by ASTM D 1557-00. The . above pavement sections should provide an approximate pavement life of 20 years. If traffic loads are different from those assumed, the pavement design should be re-evaluated. If you have any questions regarding this letter, please call at your earliest convenience. We appreciate the opportunity to be of service. Sincerely, Erik Olsen, G.E. Chief Geotechnical Engineer EO/Rl/eo Attachment: . Laboratory 1 hdal L. Irwin, C.E.G. Chief Engineering Geologist * 9 Distribution: (2) Addressee 57 IO RufFin Road = San Diego, California 92 123 = .Phone (858J 576- IO00 9 Fax (858J 576-9600 ~ ~~- ~ SanDiego - lrvrne Ontario LosAngeles . Oakland = LasVegas = SaltLakeCity = Phoenix c SAMPLE DEPTH (FT) 0.5 - 2.0 1.6 - 3.6 SAMPLE LOCATION SOIL WE Silty SAND Silty SAND Gl G2 R-VALUE TEST RESULTS PERFORMED IN GENERAL ACCORDANCEWITH ASTM D 2844-94 R-VALUE 68 71 R-VALUE TEST RESULTS Jefferson Street North Carlsbad, California 1 7/02 PROJECTNO. I 104669002