Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Vadnais Corporation; 2008-12-30; PWS09-05ENG Part 1 of 2
DOC # 201 0-0021 324 RECORDED REQUESTED BY I CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive UFFlClAL RECORD5 SAN DlEGll COUNTY HECURDEH'S OFFICE DAVID L. BUTLER, COUNT'.,' REC:OHDEH FEES n.on PAGES: I Carlsbad, ~alifornia-92008 Space above this line for Recorder's use. PARCEL NO: NIA 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 or improvement on the property hereinafter described was completed on December 16, 2009. 6. The name of the contractor for such work or improvement is Vadnais Corporation. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537. 8. The street address of said property is in the City of Carlsbad. ClTY OF CARLSBAD Robert T. ~ohhson, Jr. City ~n~ineer- VERIFICATION OF ClTY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on January 12 , 2010, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 13 , 2010, at Carlsbad, California Karen R. Kundtz, Assistant City Clerk CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR C NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 DRAWING NO. 450-9 v.,-BID NO. PWS09-05ENG Revised 05/01/08 Contract No. 3537 Page 1 of 108 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 18 Bidder's Bond to Accompany Proposal 19 Guide for Completing the "Designation Of Subcontractors" Form 21 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 24 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 25 Bidder's Statement Re Debarment 26 Bidder's Disclosure of Discipline Record 27 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 29 Contract Public Works 30 Labor and Materials Bond 36 Faithful Performance/Warranty Bond 38 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 40 oRevised 05/01/08 Contract No. 3537 Page 2 of 108 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 43 1-2 Definitions 44 1-3 Abbreviations 48 1-4 Units of Measure 52 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 54 2-2 Assignment 54 2-3 Subcontracts 54 2-4 Contract Bonds 55 2-5 Plans and Specifications 57 2-6 Work to be Done 58 2-7 Subsurface Data 58 2-8 Right-of-Way 59 2-9 Surveying 59 2-10 Authority of Board and Engineer 63 2-11 Inspection 63 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 64 3-2 Changes Initiated by the Agency 64 3-3 Extra Work 65 3-4 Changed Conditions 68 3-5 Disputed Work 69 Section 4 Control of Materials 4-1 Materials and Workmanship 72 4-2 Materials Transportation, Handling and Storage 76 Section 5 Utilities 5-1 Location 77 5-2 Protection 77 5-3 Removal 78 5-4 Relocation 78 5-5 Delays 79 5-6 Cooperation 79 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 80 6-2 Prosecution of Work 85 6-3 Suspension of Work 86 6-4 Default by Contractor 86 6-5 Termination of Contract 87 6-6 Delays and Extensions of Time 87 6-7 Time of Completion 88 6-8 Completion, Acceptance, and Warranty 89 6-9 Liquidated Damages 89 6-10 Use of Improvement During Construction 89 Revised 05/01/08 Contract No. 3537 Page 3 of 108 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 90 7-2 Labor 90 7-3 Liability Insurance 90 7-4 Workers' Compensation Insurance 91 7-5 Permits 91 7-6 The Contractor's Representative 91 7-7 Cooperation and Collateral Work 92 7-8 Project Site Maintenance 92 7-9 Protection and Restoration of Existing Improvements 94 7-10 Public Convenience and Safety 95 7-11 Patent Fees orRoyalties 101 7-12 Advertising 101 7-13 Laws to be Observed 102 7-14 Antitrust Claims 102 Section 8 Facilities for Agency Personnel 8-1 General 102 8-2 Field Office Facilities 103 8-3 Field Laboratories (NOT USED) 8-4 Bathhouse Facilities (NOT USED) 8-5 Removal of Facilities 104 8-6 Basis of Payment 104 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 104 9-2 Lump Sum Work 104 9-3 Payment 105 9-4 Bid Items 108 TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01100 Summary of Work 01025 Methods of Measurement and Payment 01039 Coordination & Meetings 01300 Submittals 01301 Schedule of Values 01505 Mobilization 01570 Wastewater Bypass 01580 Project Sign 01700 Restoration of Improvements 01720 Record Drawings 01750 Reports and Investigations DIVISION 02 - SITE WORK 02140 Dewatering 02200 Earthwork 02372 Storm Water Pollution Prevention Plan 02510 Asphaltic Concrete Pavement 02930 Landscape Planting 0Revised 05/01/08 Contract No. 3537 Page 4 of 108 Pages DIVISION 03 -CONCRETE 03100 Concrete Formwork 03200 Reinforcement Steel 03300 Cast-in-Place Concrete 03315 Grout 03460 Precast Concrete Access Holes 03475 PVC Lining for Interior Concrete Surface of Access Holes 03760 Epoxy Mortar Manhole Restoration DIVISION 04 - MASONRY NOT USED DIVISION 05 - METALS NOT USED DIVISION 06 -WOOD AND PLASTICS 06500 Glass - Fiber Reinforced Polyester Rehabilitation Access Holes 06501 Polyethylene Rehabilitation Access Holes DIVISION 07 -THERMAL AND MOISTURE PROTECTION NOT USED W DIVISION 08 - DOORS AND WINDOWS NOT USED DIVISION 09-FINISHES NOT USED DIVISION 10 -SPECIALTIES NOT USED DIVISION 11 -EQUIPMENT NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 -SPECIAL CONSTRUCTION 13600 Installation of Carrier Pipe in Steel Casings x*" 13610 Microtunneling 13620 Shaft Excavation Revised 05/01/08 Contract No. 3537 Page 5 of 108 Pages DIVISION 14-CONVEYING SYSTEMS "*" NOT USED W DIVISION 15 - MECHANICAL 15045 Testing of Gravity Sewer Pipeline 15063 PVCPipeSDR35 15064 PVCPipeC900 15066 PVCPipeC905 15084 Vitrified Clay Pipe Sewers and Fittings 15150 High Density Polyethylene Pipe DIVISION 16 - ELECTRICAL NOT USED DIVISION 17 - INSTRUMENTATION AND CONTROL NOT USED APPENDIX A Project Sign Detail APPENDIX B Supplemental Geotechnical Investigation, Microtunneling Access Shafts, North Agua Hedionda Interceptor, Prepared by TerraCosta Consulting, July 9, 2007 ^-sieSWSsv X^ APPENDIX C Coastal Development Permit, Environmental Documents, CEQA Documentation APPENDIX D Ground Water Discharge Permit Application with EWA, Information APPENDIX E Applicable City Standard Drawings APPENDIX F SWPPP Supporting Information APPENDIX G Tunnel Classification Revised 05/01/08 Contract No. 3537 Page 6 of 108 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON OCTOBER 22, 2008, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Replacement of an existing interceptor sewer pipeline per the plans and specifications, including: Construction of approximately 1,800 lineal feet of 24" ID sewer pipeline in a 42" dia. steel casing pipe by way of microtunneling; and constructing approximately 370 lineal ft of 24" dia. PVC sewer pipeline; 45 lineal ft of 12" dia. PVC sewer pipeline and 270 lineal ft of 6" dia. PVC sewer pipeline by way of open trench construction methods. Other improvements include but are not limited to rehabilitation of 5 sewer manholes, relocation of existing utilities and the restoration and replacement of exiting private and public improvements, landscape and vegetation impacted by the construction of the new sewer. NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 BID NO. PWS09-05ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2, 3, 4, and 5 in the current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 05/01/08 Contract No. 3537 Page 7 of 108 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. ***"" The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to %*"*' utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ^ approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is ^ $5,300,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification "A", General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS ,»»— Sets of plans, various supplemental provisions, and Contract documents may be obtained at the ^ Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $100 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 05/01/08 Contract No. 3537 Page 8 of 108 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the 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. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at the project site. Interested bidders shall meet on October 1, 2008 at 9:00 a.m. near the location of future access hole "AH3", approximately 250 ft south-southeast of the Hoover St., Adams St. intersection. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. •K Revised 05/01/08 Contract No. 3537 Page 9 of 108 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2008-240, adopted on the 9™ day of September, 2008. September 10, 2008 Date Deputy City Clerk Revised 05/01/08 Contract No. 3537 Page 10 of 108 Pages CITY OF CARLSBAD NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Genera! Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3537 in accordance with the Plans, Specifications, General Provisions, Contract Documents, (Contractor shall refer to Technical Specification 01025 Measurement and Payment) and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization and 1 LS $200,000 $200,000 Demobilization at TxUO (Price in Words) A-2 Construction of West 1 LS $ ^,^u,ou^ $ Microtunneling Shaft (Station t±2 (Price in Words) Construction of Center 1 LS $ $tO|OOO $ 5 [0,00(3 Microtunneling Shaft (Station 11+41), Including Access Hole Construction and Tie-In Connections at A r\!uiv\<imk Y\\W (Price in Words) Revised 05/01/08 Contract No. 3537 Page 11 of 108 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-4 Construction of East 1 LS $ lilS^QOO $ | I/S i Df)0 Microtunneling Shaft ~ ' (Station 19+21) attion 19+21) at r _ WmvAfeA shay -fr (Price in Words) A-6 Microtunneling Drive B 1 LS S \»Vi POD (Station 11 +41 to 19+21), Includes Completed Construction of Casing and Carrier Pipe as Shown on Sheet 3 of the Plans, as Required in Applicable Specifications, Including all Materials, Installation, Testing, and Cleanu at . (Price in Words) {Price in Words) A-5 Microtunneling Drive A 1 LS $ *^ jQOC/ $ { jO / DOC/ (Station 1+37 to 11+41), Includes Completed Construction of Casing and arrier Pipe at (Price in Words) A-7 All Remaining Construction 1 LS $ 2^^)000 S /Oo|000 (Price in Words) A-8 AH Remaining Construction 1 LS $ ' ' OjODO $ l/SiD^D as Shown on Sheets 5, 6, ' and 7 of the Plans, as Required in Applicable Specifications, Including all Materials, Installation, Testing, and Cleanup at Revised 05/01/08 Contract No. 3537 Page 12 of 108 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-9 All Construction as Shown on 1 LS $ I lilXJU $_ Sheet 8 of the Plans, as ' Required in Applicable Specifications, Including all Materials, Installation, Testing, and Cleanup at | (Price in Words) A-10 Furnish Excavation Safety 1 LS Measures, Including Sheeting/Shoring Required for Section Nos. 06705 and 06707 of the California Labor Code at (Price in Words) A-11 SWPPP (Tier II) per Section 1 LS $75,000 $75,000 02372 & General Provision 7=£ (Price in Words) A-12 Construction Schedule aU 1 LS $15,000 $15,000 (Price in Words) VXUVW^ ^\^C iVVk.^^ (/ SiTotal amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ OiVvQ .SQO Re vised 05/01/08 Contract No. 3537 Page 13 of 108 Pages SCHEDULE"B" (ALTERNATE BID ITEM) OPENED, WITNESSED AND ED: Item No. B-1 Description Microtunnel Standby ~\t W \\VB\JLCQm Approximate Quantity and Unit 10 EA Working Day •k. Unit Price (Figures) $ l.OOO/ (Price in Words) Total amount of bid in words for Schedule "B": I r t/V Total Amount (Figures) $ IQ.OOO flnl J" Total amount of bid in numbers for Schedule "B": S Total amount of bid in words including Schedule "A" and Schedule "B": ": $ — HJglv^iTotal amount of bid in numbers including Schedule "A" and Schedule "B": — i The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) Note). 1,2,3 has/have been received and is/are included in this proposalr r Please see Attachment A The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of 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 255709 , classification A which expires on 4/30/2010 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall 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. Revised 05/01/08 Contract No. 3537 Page 14 of 108 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 1 of 2 Department of Consumer Affairs -^ ^ GOV Contractors State License Board Contractor's License Detail - License # 255709 am DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ••» CSLB complaint disclosure is restricted by law (B&P7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. ••» Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. :» Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. * Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 255709 Extract Date: 10/30/2008 VADNAIS CORPORATION 2130LAMIRADADRIVE VISTA, CA 92081 Business Phone Number: (858) 550-1460 Corporation 12/04/1968 04/30/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number SU5002354 in the amount of $12,500 with the bonding company ARCH INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number SU5023081 for PAUL JOSEPH VADNAIS in the amount of $12,500 with the bonding company ARCH INSURANCE COMPANY. Effective Date: 04/25/2007 http://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 10/30/2008 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 2 of 2 BQI's Bonding History „ This license has workers compensation insurance with the OLD REPUBLIC GENERAL INSURANCE CORPORATION Workers. Policy Number: A1CW36530801 Compensation: Effective Date: 02/01/2008 Expire Date: 02/01/2009 Workers' Compensation History Personnel List Conditions of Use | Privacy Policy Copyright © 2008 State of California http://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 10/30/2008 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 him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted N/A (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. (5) E-Mail Revised 05/01/08 Contract No. 3537 Page 15 of 108 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted vadnais ^__ A ^ . ^JLS/ 7//^ydfrs/j///^ Paul L! . Vadna i s . PTPPM (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4) Place of Business 2130 La Mirada Drive (Street and Number) City and State Vista, CA (5) Zip Code 92081 Telephone No. 858-550-1460 (6) E-Mail inf o@vadnaiscorp. com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 05/01/08 Contract No. 3537 Page 16 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Q^ . (jKJ ejfjOu before me, Daft personally appeared Kellv M-Here Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CJ Individual D Corporate Officer — Title(s): G Partner — D Limited D General LJ Attorney in Fact D Trustee [J Guardian or Conservator D Other: RIGHTTHUMBPR1NT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: [J Individual [J Corporate Officer — Title(s): D Partner — D Limited D General I ] Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here mv^v&v&jmi&m®^^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.orc COPY List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of ail general partners, and managing partners: Paul J. Vadnais President. Secretary Jeff Anderson Vice President. Revised 05/01/08 Contract No. 3537 Page 17 of 108 Pages BID SECURITY FORM (Check to Accompany Bid) NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified "Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required 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. 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.) A•^ Revised 05/01/08 Contract No. 3537 Page 18 of 108 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 as Principal, and Arch Insurance Company KNOW ALL PERSONS BY THESE PRESENTS: That We Va<^nais Corporation as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten percent of Amount Bid (io%)for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 05/01/08 Contract No. 3537 Page 19 of 108 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this,2nd day of. PRINCIPAL: Vadnais Corpora (si§h here) // Paul J. Vadnais (print name here) President. Vadnais Corporal-inn (Title and Organization of Signatory) By:_ (sign here) (print name here) (title and organization of signatory) October _, 20.08 Executed by SURETY this of _, 20 .day SURETY: Arch Insurance Company (name of Surety) 135 N. Los Robles Avenue, Suite 825 Pasadena, CA 91101 (address of Surety) (949) 252-4405^ '(sidnature of Attorney-in-Fact) Jandma Monroe, Attorney-in-Fact fted name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the 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 ity Attorney Revised 05/01/08 Contract No. 3537 Page 20 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t;<55;^<E£?<83S3:£^^ STATE OF CALIFORNIA OrangeCounty of On OCT 0 2 2008 Date before me,Melissa A. Lopez, Notary Public personally appeared Janina Monroe Here Insert Name and Title of the Officer Name(s) of Signer(s) 1MEUMAA.LOKZ Commtoiton * 1M26M Notary rubttc . CaHtofrta | Orange County iMor" Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/«t« subscribed to the within instrument and acknowledged to me thatJie/she/ttoy executed the same inJwa/her/the^authorized capacity^es^, and that by-te/her/tfeetpsignature^-on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) _. , K, Janina MonroeSigners Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General H Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General n Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 5&z^@gm%%%!&&^^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Paul Boucher, Susan Thurston, Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwickel of Los Angeles, CA (EACH) its true and lawful Attomey(s>-ir»-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order fo bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these, presents Shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instalment to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 2008 . Arch Insurance Company Attested and Certified Martin J. Nilseft, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set (nrth COMMONWEALTH OP PENNSYLVANIA CERTIFICATION NOTARIAL SEAL Brian C. Kuhn, Notary Pubh'c City of Philadelphia, Philadelphia County My commission expires December 06,2011 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the persbn(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi*§d the corpoi Company on this day of QQJ Q 9 2QOB- 20 . of the Arch Insurance Martin J. Nilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. » PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013000303 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego _ On Cb^' 9Qi 9OOO before me, Dati personally appeared Kelly M : and TltlHere Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatured OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 VfiDNRIS Fax = 8585501470 Oct 30 2008 7:31 P. 02 CORPORATE RESOLUTION Resolved, that any one (1) of the following named officers: Paul J. Vadnais, President Jeff F. Anderson, Vice President and Secretary of this corporation be and they are hereby authorized, directed and empowered, for and on behalf and in the name of this corporation to execute and deliver documents. Duly passed and adopted at a meeting of the Board of Directors of Vadnais Corporation on January 21, 1997. Paul J. Vadnais^jPtesident Company Profile Page 1 of 2 Company Profile ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800-821-5546 Former Names for Company „., M FIRST AMERICAN INSURANCE COMPANY DBA AMERICAN FIRST INSURANCE „,, ,. _ , .. ., ,_„Old Name: pQMpANY Effective Date: 11-06-2002 Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987 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#: 11150 NAIC Group #: 1279 California Company ID #: 3005-6 Date authorized in California: July 19, 1985 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MISSOURI Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information http://interactive.web. insurance. ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6740 10/30/2008 Company Profile Page 2 of 2 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 - June 27, 2008 09:13 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6740 10/30/2008 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractors) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the 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. "M* Revised 05/01/08 Contract No. 3537 Page 21 of 108 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 05/01/08 Contract No. 3537 Page 22 of 108 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 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 wiil be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Page,of l pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 05/01/08 Contract No. 3537 Page 23 of 108 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) NORTH AQUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 The Bidder is required to state what work of a similar character to that included in the proposed- Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. Provide Supplemental documentation complying with Technical Specification Section 13610-6&7; Part 1; 1.06 Quality Assurance; subsection A, item #s 1.2&3.* ; :SE$&5-.V Gohtteet Completed 12/04 09/05 12/00 For additi please se Name and Address oftheJEfti^lbyer City of Sacramento 1395 35th Ave Sacramento, CA Sacramento County Regional S.D. City of Sacramento 1395 35th Ave Sacramento, CA snal projects, ope ; attachment B. Nanie and Phone No> 6f F*eirsbri to Contract Brett Grant 916-808-1413 Gerry Costan 916-876-6017 Bill Zeander (now with Carollo) 916-565-4888 rator, and projed Type of Work Microtunnel Microtunnel Microtunnel : manager infon Amount ••??$£•;:• -Contract $3,803,000 $1,755,075 •17, 190, 000 lation, * Information may be submitted by the bidder up to 24 hrs after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 05/01/08 Contract No. 3537 Page 24 of 108 Pages 2130LaMiradaDr. Vista, CA 92081 Project Owner Project Name Work Involved Project Location Contract Start Completed Amount Date Date Project Engineer 96048 Santa Margarita Water District PO Box 2279 Mission Viejo, CA 92690 (949) 459-6505 Oso Creek Trunk Sewer Relocation Microtunnel Mission Viejo, CA $988,173 Dec-93 Feb-94 Teledyne Engineering 21451 MontburyDr. El Toro, CA 92630 714-855-2258 94022 95060 95070 96700 97003 Ctrl Contra Costa San District 5019lmhoffPI Martinez, CA 94553 (510)6893890 Hood Corporation P O Box 4368 Whittier, CA 90607 (619)421 2313 Central Coast Water Authority 225 Industrial Way Buellton, CA 93427 (805) 688 2292 City Of Los Angeles 200 North Spring St Los Angeles, CA 90012 (213)8476480 Irvine Ranch Water District PO Box 57000 Irvine, CA 9261 9 (949) 453-5555 I-680/SR-24 Sewer Microtunnel Relocations Pipeline 2000 Microtunneling Mission Hills & Santa Ynez Microtunneling Aqueduct Extensions 3 Caissons Lake Street & Rampart Microtunneling Boulevard Interceptor Sewer Sewer South Irvine Regional Microtunneling Sewer John Carollo Engineers Pleasant Hill, CA $851,816 Aug-94 Nov-94 450 North Widet Ln Walnut Creek, CA 94958 (520)932 1710 SDG&E Spring Valley, CA $782,800 Sep-95 Oct-95 101 Ash St San Diego, CA 92112 (619)6962000 CH2M Hill Buellton, CA $4,565,000 Sep-95 May-96 2510 Red Hill Ave, Ste A Santa Ana, CA 92705 (805) 688 2292 City Of Los Angeles Los Angeles, CA $7,989,578 Oct-96 Sep-98 200 North Spring St Los Angeles, CA 90012 (213)8476480 Irvine Water Authority Engineers Newport Beach & $1,867,978 Jun-97 Jan-98 600 City Pkwy West Irvine, CA Orange, CA 92868 714-456-0166 97326 J Flores Construction 1447-39th Ave Oakland, CA 94601 (510)5328380 "I" Street Corridor Sewer Replacement Microtunneling Union City, CA $496,770 Oct-97 Oct-97 Montgomery Watson 777 Campus Commons Sacramento, CA 95825 (916)9248844 Job Number 98032 98200 98232 98500 98501 99022 99038 Project Owner Irvine Ranch Water District PO Box 57000 Irvine, CA 9261 9 (949) 453-5555 Port of Long Beach 925 Harbor Plaza Long Beach, CA 90802 Otay Water District 2554 Sweetwater Springs Blvd Spring Valley, CA 91977 City of Sacramento 5770 Freeprot Blvd #100 Sacramento, CA 95822 City of Stockton 2500 Navy Dr Stockton, CA 95206 Otay Water District 2554 Sweetwater Springs Blvd Spring Valley, CA 91977 (619)6702222 Kiewit Pacific 5000 Marsh Dr Concord, CA 94520 (925) 686 3030 Project Name Peter's Canyon Trunk Sewer Ocean Boulevard Storm Drain Otay-Mesa Interconnection Pipeline Sump 2 Improvements Southern Ind Trunk Sewer Otay-Mesa Interconnection Pipeline, Building Package B Bajamont Way Membrane Filtration Plant Work Involved Microtunneling Microtunneling Microtunnering Microtunneling Microtunneling Microtunneling Microtunneling 2 Caissons Contract Start Completed Project Location Amount Date Date Project Engineer Irvine Water Authority Engineers Irvine, CA $3,122,245 Sep-98 Nov-98 600 City Pkwy West Orange, CA 92868 714-456-0166 Bali Construction, Inc Long Beach, CA $1,710,500 Nov-98 Mar-99 P O Box 3095 South El Monte, CA 91733 (626) 442 8003 RBF & Associates Chula Vista, CA $3,463,314 Dec-00 9755 Clairemont Mesa Blvd San Diego, CA 92101 (619)6145000 Montgomery Watson Sacramento, CA $574,600 Aug-98 Aug-98 777 Campus Commons Sacramento, CA 95825 (916)9248844 Montgomery Watson Stockton, CA $580,880 May-99 May-99 777 Campus Commons Sacramento, CA 95825 (916)9248844 RBF & Associates Chula Vista, Ca $1,575,500 Dec-00 9755 Clairemont Mesa Blvd San Diego, CA 92101 (619)6145000 Montgomery Watson Rancho Cordova, CA $3,866,364 Jun-99 Feb-00 777 Campus Commons Sacramento, CA 95825 (916)9248844 007 Excel Paving Company 2230 Lemon Ave Long Beach, CA 90806 (562) 599 5841 Underground Utilities at Century Microtunneling Los Angeles, CA $686,600 Los Angeles World Airports Dec-00 7301 World Way West Los Angeles, CA 90045 Job Number 112 120 Project Owner UCSD 9500 Gilman Dr La Jolla, CA 92093 (858)5342177 City of Sacramento 1395-35thAve Sacramento, CA 95822 (916)8081400 Project Name Utility Tunnel & Underground Structures American River Crossing Work Involved Microtunneling Microtunneling 2 Caissons & Pipeline Contract Start Completed Project Location Amount Date Date Project Engineer UCSD La Jolla, CA $2,310,000 Mar-06 9500 Gilman Dr La Jolla, CA 92093 (858)5342177 CH2M Hill Sacramento, CA $7,190,000 Aug-00 Dec-00 2485 Natomas Park Dr #600 Sacramento, CA 95833 (916)9200300 300 Vallejo Sanitation & Flood Control 450 Ryder St Vallejo, CA 94590 CA Meadows/SR 37/SR 29 Sanitary Sewer Microtunneling Vallejo, CA $2,032,000 Jan-01 May-02 Montgomery Watson 777 Campus Commons Sacramento, CA 95825 (916)9248844 940 City of Marinette PO Box 135 Marinette, Wl 54143 (715)7325150 Marinette Water Main River Crossing Microtunneling Marinette, Wl $1,605,000 Mar-01 Aug-01 HNTB Engineering 11414 West Park PI Milwaukee, Wl 93224 (414)3592300 1002 City of Redding PO Box 496071 Redding, CA 96049 (530)255-4170 Phase I Parallel Westside Microtunneling Redding, CA Interceptor CH2M Hill $337,660 Jun-02 Jun-02 2485 Natomas Park Dr #600 Sacramento, CA 95833 (916)9200300 1003 Colich & Sons, LP 547 West 140th St Gardena, CA 90248 (323) 770 2920 EMTD Off-tract Wet Utilities Microtunneling Los Angeles, CA $510,000 City of Los Angeles 200 North Spring St Los Angeles, CA 90012 (213)8476480 3501 City of Napa 1600 First Street Napa, CA 94559 (707) 257-9520 Sewer Force Main Replacement Project Microtunneling & Pipeline City of Napa Napa, CA $2,286,566 Feb-03 Jun-03 1600 First Street Napa, CA 94559 (707) 257-9520 Job Number Project Owner Project Name Work Involved Project Location Contract Amount Start Completed Date Date Project Engineer 4003 San Diego County Water Authority 4677 Overland Avenue San Diego, CA92123 (858) 522-6600 Moreno Lakeside Pipeline Project San Diego County Water Authority Microtunneling Lakeside, CA $724,100 Apr-04 May-04 4677 Overland Avenue San Diego, CA 92123 (858) 522-6600 1400 UCSD 9500 Oilman Dr Dickinson St Sewer Repair Microtunneling LaJolla, CA $200,000 La Jolla, CA 92093 (858)5342177 UCSD 9500 Oilman Dr La Jolla, CA 92093 (858)5342177 4250 City of San Diego 600 B. Street, Suite 800 San Diego, CA92101 Pump Station 34 Microtunneling San Diego, CA $256,000 City of San Diego 600 B. Street, Suite 800 San Diego, CA 92101 4001 City of Sacramento 1395 35th Avenue Sacramento, CA 95822 (916)808-1419 Howe Ave 54" Transmission Main Microtunneling Sacramento, CA $3,803,000 Apr-04 Dec-04 Black & Veatch 8950 Cal Center Drive Sacramento, CA 95826 (916)364-2922 4009 City of San Diego 10102nd Ave, Ste 500 San Diego, CA 92101 (619)5334464 Sorrento Valley Pump Station #89 Microtunneling San Diego, CA $1,876,300 Sep-05 5/1/2006 City of San Diego 10102nd Ave, Ste 500 San Diego, CA 92101 (619)5334464 5001 SRCSD 10545 Armstrong Avenue Mather, CA 95655 (916)876-6120 Yolo Force Main Microtunneling Clarksburgh, CA $1,755,075 Jun-05 Sep-05 Montgomery Watson 777 Campus Commons Sacramento, CA 95825 (916)9248844 5002 SRCSD 10545 Armstrong Avenue Mather, CA 95655 (916)876-6120 Natomas Force Main Microtunneling Sacramento, CA $1,377,308 Jul-05 Aug-05 Montgomery Watson 777 Campus Commons Sacramento, CA 95825 (916)9248844 Job Number 5015 Project Owner SRCSD 10545 Armstrong Avenue Mather, CA 95655 (916)876-6120 Project Name Arden Parallel Force Main Work Involved Microtunneling & Caisson Contract Project Location Amount Sacramento, CA $1,377,308 Start Date Sep-05 Completed Date Oct-05 Project Engineer CH2M Hill 2485 Natomas Park Dr#600 Sacramento, CA 95833 (916)9200300 5007 Eastern Municipal Water District 2270 Trumble Road Perns, CA 92572 (951)928-3777 North San Jacinto Sewer Project Microtunneling Hemet, CA $2,924,877 Aug-05 Apr-06 5040 Rancho California Water District 42135 Winchester Road Temecula, CA 92590 (951)296-6900 Murrieta Valley Interceptor Trunk Sewer Microtunneling Murrieta, CA $1,200,000 Mar-06 Apr-06 5060 LA County Dept of Public Works 900 S Fremont Street Alhambra, CA91803 (626)297-0114 Hollyhills Drain Unit 8B Phase 2 Microtunneling West Hollywood, CA $3,711,320 Apr-04 Dec-04 LACDPW 900 S Fremont Street Alhambra, CA 91803 (626)297-0114 5070 City of Sacramento 139535th Avenue Sacramento, CA 95822 (916)808-1419 Elkhorn Reservoir Project CH2M Hill Microtunneling Sacramento, CA $370,475 Apr-04 Dec-04 2485 Natomas Park Dr #600 Sacramento, CA 95833 (916)9200300 5080 Elsinore Valley Muni Water District 31315 Chaney Street Lakeshore Trunk Sewer Lake Elsinore, CA 92531 Malaga Reach (951)674-3146 Microtunneling Lake Elsinore, CA $6,124,624 Apr-04 Dec-04 5025 Santa Margarita Water District San Juan Creek Force Main and Microtunneling San Juan Capistrano, CA $1,842,152 26111 Antonio Parkway Non Domestic Water Pipeline Las Flores, CA 92688 Replacement Contact: Bart Lantz 949-459-6504 RBF Consulting 2755 Ynez Road, Suite 400 Temecula, CA 951-676-8042 Job Work Contract Start Completed Number Project Owner Project Name Involved Project Location Amount Date Date Project Engineer 718 Calleguas Municipal Water District Calleguas Brine Line Microtunneling Simi Valley, CA $669,600 2100Olsen Ave. Thousand Oaks, CA 805-656-1432 720 Irvine Ranch Water District Harvard Ave. Design Build Microtunneling Newport, CA $588,000 8-Mar 15600 Sand Canyon Ave P.O. Box 57000 Irvine, CA 92619-7000 949-453-5300 County of Sacramento 723 Sacramento Regional County Upper North Western Interceptor Microtunneling Sacramento, CA $14,202,710 Sanitation District 827 Seventh St. Sacramento, CA 95814 714-835-4612 DANIEL NICHOLAS SCHITEA III 300 Harding Blvd, Ste. 101, Roseville, California 95678 Telephone: 916-363-9924 Employment History Vadnais Corporation Vice President-Tunnel Operations, July 2000-Present Project Manager, March 1997-July 2000 Ray Wilson Company Project Engineer, April 1995-March 1997 Project List UNWI Section 9 & NEA Projects, Citrus Heights, CA - Sept. 2007- TBD This project consists of 40 microtunnel drives along Old Auburn Rd., Auburn Blvd., Fair Oaks Blvd., and Oak Ave. Of the 40 drives, 31 utilize direct jacked PCP with a 43.31" O.D. combined with a direct jacked VCP with a 42.677" O.D. The remaining 9 drives utilize direct jacked PCP with a 30.00" O.D. combined with a direct jacked VCP with a 29.961" O.D. Depths on this project range from 25' to 60' below existing grade. The soil conditions consisted primarily of thicker layers of sandy silt and silty sand containing thinner interbeds of clay, sandy clay, clayey sand and some relatively clean sands ranging from 15' to 45' below the water table. Hollyhills Drain Unit 8B (Phase II), West Hollywood, CA - Nov. 2006 This project consists of five microtunnel drives totaling approximately 4,052 LF. The project includes two drives of 66" I.D. RCP drives of 1,053 LF and three 84" drives of 938 LF, 534 LF, and 475 LF. Intermediate jacking stations were installed for both the 66" and 84" RCP. The soil was mostly silty sands and clay approximetly 10' below the water table. Arden Parallel Force Main, Sacramento, CA. - Oct. 2005 This project consisted of two tunnel drives 80 feet under the American River. The first drive was approximately 591 feet and the second drive was approximately 610 feet. We used 70.5" ID, 72" OD Permalok casing pipe with 60" ID, 61.875" OD carrier pipe. The soil encountered on this project was a mixture of slightly cemented silty sands and dense gravel. Natomas Force Main, Natomas, CA. - Aug. 2005 This project consisted of two tunnel drives of approximately 376 LF each at a depth of 20 feet under the West Drainage Canal. We used 76.50" ID, 78" OD Permalok casing pipe with 60" ID, 63.03" OD carrier pipe. The soil encountered on this project consisted of loose to medium dense, poorly graded sand approximately 15 FT below the water table. Yolo Force Main - Clarksburgh, CA. - Sept. 2005 This project consisted of two tunnel drives of approximately 485 LF each at a depth of 35 feet under the Babel Slough. We used 82.75" ID, 84" OD Permalok casing pipe with 66" ID, 69.25" OD carrier pipe. The soil encountered on this project was a mixture of hard clay, silty sand and dense gravel approximately 25 FT below the water table. Pump Station 34 - San Diego, CA. - Nov. 2004 Installation of 300 LF of 15' VCP sewer line by microtunneling. Single drive of 300' in 5' of contaminated groundwater. Overall depth was approximately 20'. Work was performed within slide rail shafts. This project was performed as an emergency due to the contaminated soils and groundwater Howe Avenue 54-in Water Transmission Main - Sacramento, CA. - Oct. 2004 Installation of 1,454 LF of 54" RCCP water line by microtunneling. Single drive of 1454', 65' deep in 35' of groundwater. A launch shaft, 28' in diameter was a poured in place concrete caisson excavated and sunk to a depth of 75'. A separate reception shaft, 20' in diameter, was constructed via auger drilling also to a depth of 75'. Microtunneling was used to transport water from the existing treatment plant under the American River to an inter-tie in Howe Avenue, ultimately tied together with the 48-inch Water Main we installed in 2001. Moreno Lakeside Pipeline Project - Lakeside, CA. - May 2004 Installation of approximately 460 LF of 78" Permalok Steel Casing by microtunneling. Single drive under the San Diego River in running sand and 25' of groundwater. Two sheet pile shafts were built to a depth of 30' in loose sand. Microtunneling was used to connect a new water transmission main on both sides of the San Diego River. Arden Fall Structure Bypass Project - Sacramento, CA. - March 2004 Large beam and plate shored excavation to construct new concrete valve vault and modify the existing Arden Fall Structure. Hot taps and line stops on two existing 60-inch and 72-inch sewer lines. Bypassing sewage and installation of critical new piping and valves within two-week period. Complete installation of new large diameter welded steel piping, large cast-in-place vault, valves, electrical, instrumentation and controls. Sewer Force Main Replacement Project - Napa, CA. - June 2003 Installation of 540 LF of 24" DIP sewer force main within 38" Steel Permalok Casing by microtunneling. Total of 2 drives of 180' and 360' with depths ranging from 10' to 50' in 30' of groundwater. Two auger-drilled shafts were built to a depth of 50'. A small shallow shaft was constructed with the use of a trench shield. One drive was done underneath the Napa River and a second drive was performed at a 20% slope up to the remainder of the open-cut sewer line. Microtunneling was used to transport sewage from the existing pump station under the Napa River to an existing manhole on the east side of the River to allow for the construction of a new bridge over the Napa River. Phase 1 Parallel Westside Interceptor Project - Redding, CA. - Feb. 2003 Installation of 211 LF of 48" RCP gravity sewer line by microtunneling. Single drive of 211 LF under UPRR spur in moderate groundwater. Unforeseen conditions resulted in deviated tunnel outside allowable tolerances. Casing was ultimately hand-mined into place to correct the deviation. Project suffered substantial delays and significant extra costs due to a Differing Site Condition Claim. Clearview River Crossing No. 2 Project - Snohomish, WA. - Aug. 2002 Installation of another cast-in-place sunken concrete caisson, 28' ID x 33.5' OD x 100' deep. Poor soil conditions in the upper 45' with 80' of groundwater. Caisson being constructed as another temporary launching shaft for the General Contractor, Frank Coluccio Construction Co. Alderwood Water and Wastewater District - Snohomish, WA. - Nov. 2001 Project Manager on Clearview River Crossing Caisson Project. Installation of a cast-in-place sunken concrete caisson, 28' ID x 33.5' OD x 85' deep. Poor soil conditions in the upper 45' with 80' of groundwater. Caisson being constructed as a temporary launching shaft for the General Contractor, Frank Coluccio Construction Co. Wohler Collector No. 6 Project - Santa Rosa, CA. - July 2001 A 3500' access road was cleared through existing forest and installed to the caisson site. Installation of a cast-in-place sunken concrete caisson, 18' ID x 23.5' OD x 120' deep, was then performed in favorable soil conditions with 80' of groundwater. (10) 12" diameter slotted laterals were then projected out of the caisson. The caisson is being constructed as a water collection well for the Water Agency, with an estimated capacity of 25 MGD. Marinette Water Main River Crossing - Marinette, WI. - Aug. 2001 Installation of 602 LF of 51" Steel Permalok Casing with two 18" ductile iron water mains and a 6" PVC conduit by microtunneling. The drive was performed using a mixed-ground cutter head. Tunneling was performed in stiff clay and dense silts with nested boulders and saturated wood debris. Shafts were constructed with sheet piling and perimeter dewatering wells. Microtunneling was used to relocate the existing water mains to a lower depth across the Menominee River. California Meadows Sanitary Sewer - Vallejo, CA. - May 2002 Installation of approximately 2,500 LF of 48" Polymer Concrete gravity sewer line by microtunneling. Total of 5 drives ranging from 155' to 597' with depths around 20' in 15' of groundwater. Sheet pile shafts were built to a depth of 25'. Two shallow shafts were constructed with the use of a slide-rail system. All microtunneling was ultimately performed in jet-grouted peat and clay. Microtunneling was used to upsize and relocate an existing sewer line out of Caltrans right-of-way to facilitate expansion of SR37. 4 drives were performed within the South White Slough. Project suffered substantial delays due to a Differing Site Condition Claim. American River Crossing 48-in Water Main - Sacramento, CA. - Jan. 2001 Installation of approximately 2,100 LF of 48" RCP water line by microtunneling. Total of 3 drives ranging from 300' to 1100' with depths ranging from 30' to 70' in 45' of groundwater. Two sheet pile shafts were built to a depth of 45'. Two shallow shafts were constructed with the use of a slide-rail system. A separate reception shaft, 18' in diameter was a poured in place concrete caisson excavated and sunk to a depth of 80'. A launch shaft, 28' in diameter, was constructed similarly to a depth of 65'. Microtunneling was used to transport water from the existing treatment plant under Interstate 5, under the American River and under Garden Highway to an inter-tie in the northern section of the city. Bajamont Way Microtunnels - Carmichael, CA. - Jan. 2000 Installation of approximately 2,200 LF of 48" RCP water line by microtunneling. Total of 3 drives ranging from 600' to 1000' with depths ranging from 45' to 80' in 40' of groundwater. Two 16' diameter reception shafts were drilled to a depth of 45' and a steel casing was grouted in place. A separate reception shaft 20' in diameter was a poured in place concrete caisson excavated and sunk to a depth of 100'. The launch shaft, 28' in diameter, was constructed similarly to a depth of 60'. Microtunneling was used to collect water from the American River and transport it under the River to a new treatment plant. Southern Industrial Trunk Sewer Project - Stockton, CA. - May 1999 Installation of 420 LF of 72" ID x 90" OD RCP sewer line by microtunneling. One drive at a depth of approximately 20' in sticky clay and water. This line was microtunneled to cross two separate railroad spurs. Ocean Boulevard Storm Drain Project - Long Beach, CA. - March 1999 Installation of approximately 3,300 LF of 48" RCP storm drain by microtunneling. Total of 4 drives ranging from 600' to 950' with depths around 20' with 5' of groundwater. Excavation and shoring of five launch and reception pits in loose sand and water. Project was microtunneled due to contaminated soils. Sump 2 Improvements Project - Sacramento, CA. - Aug. 1998 Installation of 350 LF of 76" ID x 86"OD RCP by microtunneling. Total of 2 drives side by side at a depth of 25 feet. Excavation, shoring and dewatering was performed by the General Contractor, Kiewit Pacific. Lake St. & Rampart Blvd. Sewer Project - Los Angeles, CA. - Sept. 1998 Installation of approximately 5,400 LF of 48" RCP and 3,000 LF of 30" VCP sewer line by microtunneling. Total of 17 drives ranging from 120' to 900' with depths ranging from 22' to 52'. Excavation and shoring of several launch and reception pits in varying soil conditions. Installation of manholes and all necessary bypasses and connections. Centrate Treatment Facilities Project - Carson, CA. - March 1997 Demolition of existing Polymer Facilities, construction of new Centrate Treatment Facility, and replacement of Basket-type Centrifuges with new Scroll- type Centrifuges. Installation of civil, structural, mechanical and electrical/instrumentation. Water Reclamation Plant No. 7 Project - Indio, CA. - Oct. 1996 Construction of an entirely new 2.5 MGD wastewater treatment and water reclamation facility. Construction of Aeration Basin, Secondary Clarifiers, Gravity Filters, Chlorine Contact Basin, several Pump Stations and Sludge Handling Facilities. Installation of civil, structural, mechanical and electrical/instrumentation. Education Bachelor of Science in Construction Management California Polytechnic State University San Luis Obispo, California Graduation Date: March 18, 1995 Member Associated Students of Construction Management (ASCM) One-Year Overseas Exchange Program Royal Melbourne Institute of Technology Melbourne, Victoria, Australia Dates Attended: February 1994 - November 1994 Member Building Students of Australia (BSA) Microtunneling Short Course Colorado School of Mines Golden, Colorado Dates Attended: February 4 - 6, 1998 Certifications CPR certification Safety Rep # S575-03 exp. 2008 Gas Tester # G862-03 exp. 2008 ROGER SKOG 300 Harding Blvd, Ste. 101, Roseville, California 95678 Telephone: 916-363-9924 Employment History Vadnais Corporation Microtunnel Machine Operator, 1999 - Present Iseki, Inc. Microtunnel Machine Operator, 1995 - 1999 Project List UNWI Section 9 & NEA Projects, Citrus Heights, CA - Sept. 2007- TBD This project consists of 40 microtunnel drives along Old Auburn Rd., Auburn Blvd., Fair Oaks Blvd., and Oak Ave. Of the 40 drives, 31 utilize direct jacked PCP with a 43.31" O.D. combined with a direct jacked VCP with a 42.677" O.D. The remaining 9 drives utilize direct jacked PCP with a 30.00" O.D. combined with a direct jacked VCP with a 29.961" O.D. Depths on this project range from 25' to 60' below existing grade. The soil conditions consisted primarily of thicker layers of sandy silt and silty sand containing thinner interbeds of clay, sandy clay, clayey sand and some relatively clean sands ranging from 15' to 45' below the water table. Oxnard Plain Brine Line, Phase IB, Oxnard, CA - Oct. 2007 This project consisted of a single microtunnel drive under the Revlon Slough totaling 320 LF. The jacking pipe used on this project was 63.5" O.D. Permalok Casing pipe installed at a depth of approximately 25' below existing grade. The soil conditions consisted primarily of sandy silty clay approximately 10' below the water table. Elkhorn Reservoir, North Highlands, CA - Jan. 2007 This project consisted of a single microtunnel drive under the East Main Drainage Channel totaling 250 LF. It utilized the two-pass method with 36" O.D. Permalock casing pipe and 24" CML/CMC steel pipe for the carrier at a depth of approximately 35' below existing grade. The soil conditions consisted primarily of clayey and silty sand approximately 10' below the water table. Hollyhills Drain Unit 8B, West Hollywood, CA - Nov. 2006 This project consisted of five microtunnel drives totaling approximately 4,052 LF including two 66" I.D. RCP drives of 1,053 LF and three 84" I.D. RCP drives of 938 LF, 534 LF, and 475 LF. Intermediate jacking stations were installed for both the 66" and 84" RCP. The soil was mostly silty sands and clay approximately 10' below the water table. A Herrenknecht AVN 1800D was used for the 84" RCP and the Soltau RVS 600 was used for the 66" RCP. Sorrento Valley Trunk Sewer, San Diego, CA - May 2006 This project consisted of six microtunnel drives totaling 1,680 LF. It included three 12" I.D. VCP drives of 280 LF, 270LF, and 240 LF, one 15" I.D. VCP drive of 60 LF, and two 24" I.D. VCP drives of 590 LF and 240 LF. The soil was a mixture of silty clay and sand approximately 20' below the water table. This project utilized an Iseki TCC 600 and an Iseki TCC 300. Murrieta Valley Sewer, Murrieta, CA - April 2006 This project included approximately 1,450 LF of 48" I.D. Meyer polycrete microtunnel pipe. The soil encountered on this project consisted of loose to medium dense, poorly graded sand. The Soltau RVS 600 was used for this project. North San Jacinto Sewer Project, Hemet, CA - January 2006 This project included 17 microtunnel drives totaling approximately 7,100 LF of 27" I.D. Meyer polycrete microtunnel pipe. The soil was a mixture of silty clay and sand approximately 20'-25' below the water table. The Iseki TCC 600 was used for this project. Natomas Force Main, Natomas, CA. - Aug. 2005 This project consisted of two tunnel drives of approximately 376 LF under the West Drainage Canal. We used 78" OD Permalok casing pipe with 63.03" OD carrier pipe. The soil encountered on this project consisted of loose to medium dense, poorly graded sand approximately 15 FT below the water table. Yolo Force Main - Clarksburgh, CA. - Sept. 2005 This project consisted of two tunnel drives of approximately 485 LF each at a depth of 35 feet under the Babel Slough. We used 82.75" ID, 84" OD Permalok casing pipe with 66" ID, 69.25" OD carrier pipe. The soil encountered on this project was a mixture of hard clay, silty sand and dense gravel approximately 25 FT below the water table. Sewer Pump Station 34, San Diego, CA. - Nov. 2004 300 LF of 15" ID No-Dig VCP under existing RR yard. The soil was loose and silty sand and clay, highly contaminated with jet fuel. The groundwater was up to 15'. An Iseki TCC 300 microtunnel machine was used for this project. Howe Avenue 54-inch Water Main, Sacramento, CA. - Oct. 2004 This project included approximately 1,454 LF of 54" RCCP under the American River with 45' of groundwater. Soil was medium dense alluvium and gravel. A Soltau RVS 600 microtunnel machine was used. Sewer Force Main Replacement Project, Napa, CA. - May 2003 540 LF of 38" Steel Pennalok Casing under Napa River. The soil conditions were sandy gravel, silty sand and fat, sticky clay with high groundwater up to 35'. An Iseki TCC 600 microtunnel machine was used for this project. California Meadows Sanitary Sewer Project, Vallejo, CA. - May 2002 2,496 LF of 48" Meyer Polycrete Pipe through South White Slough. Soil conditions were jet-grouted peat and clay. Very soft soils (N=0) with some alluvium and 15' groundwater head. The Soltau RVS 400 microtunnel machine was used. Marinette Water Main River Crossing, Marinette, WI. - Aug. 2001 602 LF of 51" Steel Permalok Casing under Menominee River. Soil conditions included stiff clay and dense silts with nested boulders and saturated wood debris. The Soltau RVS 600 microtunnel machine was used. American River Crossing 48" Water Main, Sacramento, CA. - Dec. 2000 Approximately 2,100 LF of 48" RCP including 3 drives ranging from 324 LF to 1122 LF with depths ranging from 16' to 75' in up to 52' of groundwater. Soil was medium dense alluvium and gravel. The Soltau RVS 600 microtunnel machine was used. Bajamont Way Membrane Filtration Plant, Rancho Cordova, CA. - Feb. 2000 Approximately 2,200 LF of 48" RCP under American River including 3 drives ranging from 552' to 1021' with depths ranging from 45' to 110' in 45' of groundwater. Soil type was sandy clay. The Soltau RVS 600 microtunnel machine was used. Ocean Boulevard Storm Drain. Long Beach, CA. - March 1999 Approximately 3200 LF of 48" RCP with 6 - 15 LF of earth cover, 8 LF below water table in contaminated sand, shell, and fill. Drive lengths were 620 LF, 860 LF, 920 LF, and 800 LF. The Soltau RVS 600 microtunnel machine was used. Peter's Canyon Trunk Sewer, Irvine, CA. -Nov. 1998 This project consisted of seven 24" ID VCP drives, totaling 3032 LF at a depth of 10 to 15 feet with Vfc" deviation. The Iseki 500 slurry machine was used. Kerr Construction, Miami, FL. - May 1998 480 LF drive under 1-75. 30" steel casing with welded joints. The job was constructed 10 LF below water table in coral, limestone and boulders. The Iseki TCC 600 machine was used. Kerr Construction, Miami, FL. - April 1998 700 LF drive with a curve under Miami River. 60" steel casing with welded joints, 50 LF below water table in limestone, sandstone, and boulders. An Iseki slurry machine was used. Fomento & Cuviertas, Barbados, VI. - Jan. 1998 410 LF of 250 mm VCP (5 drives). 2800 LF of 500 mm VCP (7 drives) and 1300 LF of 1350 mm RCP (1 drive) in coral, sand, and gravel. (3) Iseki Slurry machines were used on this project. HPS, inc., Shelter Island, San Diego, CA. - March 1997 4 drives totaling 1500 LF were installed 15 LF below water table in contaminated sand and clay. An Iseki 500 mm slurry machine was used. Iseki, Inc., Valparaiso, Chile. - June 1995 1300 LF of RCP (1 drive). 65 LF below water table in sand and boulders. An Iseki slurry machine was used. Consorcio Oceanico, Valparaiso, Chile. - Dec. 1994 12 drives totaling 9700 LF. A Westfalia Tunneling Machine was used for this project. Education University of Trondheim, Norway Mechanical Engineering 1981 -1985 Military Service 1982 - 1983 College Of Science (G.C.E. (a)) 1978-1981 Certifications Safety Rep # S573-03 exp. 2008 Gas Tester # G860-03 exp. 2008 Attachment C BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) NORTH AGUA HEDiONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 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: Ei Comprehensive General Liability El Automobile Liability Please see attachment C E3 Workers Compensation El Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 05/01/08 Contract No. 3537 Page 25 of 108 Pages r*. ACQRD^ CERTIFICATE OF LIABILITY INSURANCE „&&£* PRODUCER The Wooditch Company Insurance •Services , Inc . , Park Plaza, Suite 400 Irvine CA 92614 Phone: 949-553-9800 Fax:949-553-0670 INSURED Vadnais Corporation2130 La Mirada Dr.Vista CA 92081 DATE (MM/DD/YYYY) 12/10/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: old Republic General Ins. Corp INSURER B: INSURER C: INSURER D: INSURER E: NAIC# 24139 - COVERAGES MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5RLTR A A A ftUU'L NSRC X X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE 1 X 1 OCCURJ ! 1 GEN'L AGGREGATE LIMIT APPLIES PER: nj i oor\ I ! POLICY |X JJECT | [LOC AU1 X — OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXC~~~ ANY AUTO ESS/UMBRELLA LIABILITY OCCUR I j CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER 'SffiWSW A1CG36530801 02/01/08 A1CA36530801 02/01/08 A1CW36530801 02/01/08 POLICY EXPIRATIONDATE (MM/DD/YY) 02/01/09 02/01/09 02/01/09 LIMITS EACH OCCURRENCE UAMAGt TUKLNIbU PREMISES (Ea oocurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHFRTHAN EAACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE „ i WC STATU- OTH- X i TORY LIMITS ER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT $1,000,000 $100,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 *Except 10 Days Notice of Cancellation for Non-Payment of Premium. RE: North Agua Hedionda Interceptor Sewer Replacement; Bid No. PWS09-05ENG; Project No. 3537. The City of Carlsbad, its officials, employees and volunteers are named as Additional Insureds as respects General and Auto Liability per attached endorsements. *SEE NOTES* glaipwv/auaiwv/wcwv CERTIFICATE HOLDER CANCELLATION CITYCAB City of Carlsbad Public Works Purchasing - Department 1635 Faraday Ave. Carlsbad CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHOraZFffTJipRESENIAIiyEAffiuiSafr, — - ACORD 25 (2001/08)©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) HOLDER CODE CITTCAB VADNAI1 PAGE 3 INSURED'S NAME Vadnais Corporation OP JO JR DATE 12/10/08 This Insurance shall apply as Primary and Non-Contributory per attached endorsement. Waiver of Subrogation for General Liability, Auto Liability and Workers' Compensation: See Attached Endorsements. POUCY NUMBER: A1CG36530801 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization^): WHERE REQUIRED BY WRITTEN CONTRACT. BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. The City of Carlsbad, its officials, employees and volunteers Location and Description of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT. BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. North Agua Hedioiida Interceptor Sewer Replacement: Bid No. PWS09-05ENG: Project No. 3537. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Sactfori # ~ Who Is An tosureflf Is .amended to Include as an additional Insured tfte: persons) PT ofSaniiaattOft^ Shown in:'tlte^cfcedulis, t»ut only w^ respect tp Itebfflty Jor "b>c%: Injury* or "property damage" catisea", in whole brtn part, by "your work'' at the tocatfen ^designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CO 20 37 07 04 Copyright, Insurance Services Offices, Inc., 20M Page 1 of 1 POLICY NUMBER: A1CG36530801 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization^): WHERE REQUIRED BY WRITTEN CONTRACT. The City of Carlsbad, its officials, employees and volunteers Location and Description of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT. North Agua Hedionda Interceptor Sewer Replacement: Bid No. PWS09-05ENG: Project No. 3537. Information required to be complete this Schedule, if not shown above, will be shown in the Declarations. \. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in he Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" ;aused, In whole or In part, by: 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above, B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ISO Properties, Inc., 2004 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): The City of Carlsbad, its officials, employees and volunteers Location(s) of Covered Operations RE: North Agua Hedionda Interceptor Sewer Replacement: Bid No. PWS09-05ENG: Project No. 3537. As required by written contract: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above forthe same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Vadnais Corporation A1CG36530801 02/01/08 to 02/01/09 Endorsement No. Endorsement Effective Date:02/01/08 The Woodltch Company Insurance Services, Inc. AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION INSURANCE COMPANY WAIVER ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This policy is primary coverage and we agree not to take action or recourse against any Insured for loss paid or expenses incurred because of any claim made against this policy. The City of Carlsbad, its officials, employees and volunteers RE: North Agua Hedionda Interceptor Sewer Replacement: Bid No. PWS09-05ENG: Project No. 3537. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Vadnais Corporation A1CG36530801 02/01/08-02/01/09 Endorsement No. Endorsement Effective Date:02/01/08 The Wooditch Company Insurance Services, Inc. AUTHORIZED REPRESENTATIVE DATE CG EN GN 0052 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURANCE WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section II - Liability Coverage, A. - Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Vadnais Corporation A1CA36530801 02/01/08 to 02/01/09 Endorsement No. Endorsement Effective Date:02/01/08 The Wooditch Company Insurance Services, Inc. AUTHORIZED REPRESENTATIVE DATE CA EN GN 0020 09 06 .«<«»*>,>™—-!-, %•»" OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with a Written contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss." No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Named Insured Policy Number Policy Period Producer's Name: Producer Number: Vadnais Corporation A1CA36530801 02/01/08 to 02/01/09 Endorsement No. Endorsement Effective Date:02/01/08 The Wooditch Company Insurance Services, Inc. AUTHORIZED REPRESENTATIVE DATE CA EN GN 0021 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. WHEN REQUIRED BY WRITTEN CONTRACT. The Cits' of Carlsbad, its officials, employees and volunteers Schedule RE: North Agua Hedionda Interceptor Sewer Replacement: Bid No. PWS09-05ENG: Project No. 3537. c The premium charge for this endorsement is $0.00 Named Insured Policy Number Policy Period Producer's Name: Producer Number: Vadnais Corporation A1CW36530301 0201/08 to 02/01/09 Endorsement No. Endorsement Effective Date:02/01/08 The Wooditch Company Insurance Services, Inc. C AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (09/06) BIDDERS STATEMENT RE DEBARMENT (To Accompany Proposal) NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred party debarred agency period of debarment agency period of debarment BY CONTRACTOR: Vadnais Corporation jn here) Paul J. Vadnais, President (print name/title) Page.of pages of this Re Debarment form Revised 05/01/08 Contract No. 3537 Page 26 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On personally appeared before me,Kellv M. Kn?:-inOi.ind Tit1Here Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) KIUYM.KOBOL | C«MMMfon<MI9$779 I Slfl Dfrfto County * who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /h11 \. Place Notary Seal Above Signatures, OPTIONAL • Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): LI Partner — D Limited D General D Attorney in Fact LJ Trustee LJ Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual L1 Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? x yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X. yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. N/A (If needed attach additional sheets to provide full disclosure.) Page l of i pages of this Disclosure of Discipline form Revised 05/01/08 Contract No, 3537 Page 27 of 108 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 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. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Vadnais Corporation (sign he^f Paul J. Vadnais, President •*-* (print name/title) Page,.._! of l pages of this Disclosure of Discipline form oRevised 05/01/08 Contract No. 3537 Page 28 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On CH. (>Q, A Qjn before me,Dale ^*s personally appeared Kelly M. Here Insert Name and Tifle of fhe Officer Paul J. Vadnais Name(s) of Signer(s) KkLLY M. KOZKM. I Commtetlofl * 1W5779 t Notary Public - CaHfontft § SwDrto Count = LComm. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General LJ Attorney in Fact D Trustee D Guardian or Conservator G Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General [j Attorney in Fact U Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 State of California County of ) Vadnais Corporation ) ss. (Name of Bidder) and says that he or she is President _, being first duly sworn, deposes (Title) of Vadnais Corporation (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 20th day of October , 20_08_. Signature of Bpfer Paul J. Vadnais, Presidenti/ Subscribed and sworn to before rne on the 20th day of October BEST ORIGINAL .20 08 PUYM. KOZWL f 1805779 I fMVy PttMte iMDMfo Kfr Com*.JMtoM Jut 3. A Revised 05/01/08 Contract No. 3537 Page 29 of 108 Pages of Carlsbad Public Works - Contract Administration October 8, 2008 ADDENDUM NO. RE: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT BID NO. PWS09-05ENG, CONTRACT NO. 3537 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 - FAX (760) 602-8562 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On before me, personally appeared Kelly M, Tfn-7.io1 Here Insert Name and TTitle of the Officer Paul J. Vadnais Name(s) of Signer(s) * 1101779 Notary ruMc SwDfepCMMty 2 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signal! ir*._^fJK&^ / / )jf OPTIONAL ignature of Notal Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402' www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 - CITY OF CARLSBAD North Agua Hedionda Interceptor Sewer Replacement Contract No. 3537 Drawing No. 450-9 Addendum No. 1 From: Mark Biskup, Project Manager Phone: (760)602-2763 Fax: (760) 602-8562 Date: October 8,2008 Bid Opening Date: October 22,2008 2:00 pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made a part of the contract documents for Contract No. 3537. 1. Delete: Item A-9 paragraph in its entirety in Section 01025-3, Measurement and Payment. Replace with: "Item A-9, All construction as shown on sheet 8- Work in general includes but is not limited to rehabilitation of sewer access holes #22, #23, #23A, #24, #24A, and #25 as described in the plans and applicable specifications. Work includes all necessary temporary or permanent grading for staging and access, site protection measures, BMP's, excavation, dewatering as necessary, backfill compaction and site restoration including pavement, fencing repair and cleanup and installation of sewer lateral backwater valve. All work associated within plan sheet and corresponding work within general and special provisions shall be included within the bid item. " I of 2 2. Delete: Sheet Nos. 7, 8,10 and 11 of Drawing No.450-9, each with City signature date of 08-21-08. Replace with: Sheet Nos. 7, 8,10 and 11 Drawing No.450-9,each with City signature date of 10-06-08. 3. Delete: The following sentences from Section 02140 - Dewatering, page 1 & 2, paragraph 1.04 A: "Before starting excavation, the Contractor shall submit copies of well installation permits." "Before starting excavation, the Contractor shall submit copies of its Regional Water Quality Control Board permit for dewatering discharges to the environment." "The Contractor shall submit copies of well destruction permits, as applicable." Replace with the following sentences: "Before starting excavation, the Contractor shall submit copies of its Regional Water Quality Control Board permit for dewatering discharges to the environment or Encina Wastewater Authority (EWA) Special Use Permit for ground water discharge into the sewer. See Appendix "D "for information regarding EWA Special Use Permit. " 4. Delete: Appendix F, pages are out of order Replace with: Appendix F with correctly ordered pages 5. Correction: Section 03760, Epoxy Mortar Manhole Rehabilitation footer on bottom of each page is incorrectly labeled 03475. It should read 03760. 6. Additional Information: A copy of the North Agua Hedionda Sewer Manhole Inspection Report, dated October 2001 by Dudek and Associates, is available at the City's Engineering-Design Division Office and may be borrowed for copying, arrange with Project Manager. 7. All requests for clarification or correction regarding the drawings and specifications or other contract documents must be submitted in writing to the Project Manager/Engineer no later than five (5) working days prior to the bid opening date. 2 of 2 APPENDIX F SWPPP SUPPORTING INFORMATION STATE WATER RESOURCES CONTROL BOARD ORDER NO.-2003-0007-DWQ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT NO. CAS000005 WASTE DISCHARGE REQUIREMENTS (WDRS) FOR DISCHARGES OF STORM WATER RUNOFF ASSOCIATED WITH SMALL LINEAR UNDERGROUND/OVERHEAD CONSTRUCTION PROJECTS (GENERAL PERMIT) The State Water Resources Control Board hereinafter SWRCB) finds that 1. Federal reguMons for coatrolling pollutants in stonn water raroff discharges were promulgated by the U.S. Environmental Protection Agency (USEPA) on November 16, 1990 (Title 40 Code of Federal Regulations (40 CFR) Parts 122,123, and 124). The regulations require discharges of storm water to surface waters associated with construction activity including clearing, grading, and excavation activities (except operations that result in disturbance of less than five acres of total land area and which are not part of a larger common plan of development or sale) to obtain an NPDES permit and to implement Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCI) to reduce me discharge of pollutants associated with construction activities in storm water runoff. 2. On December 8,1999, federal regulations promulgated by USEPA (40 CFR Parts 9,122, 123, and 124) expanded the NPDES storm water program to include storm water discharges from municipal separate storm sewer systems (MS4s) and construction sites mat were smaller man those previously included in the program. Federal regulation 40 CFR Section 122.26(bX15) defines small construction activity as including clearing, grading, and excavating that result in land disturbance of equal to or greater man one acre or less than five acres or is part of a larger common plan of development or sale. These regulations also specify that small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. Federal regulations required permit applications for small construction activities to be submitted by March 10,2003. 3. This General Permit does not apply to storm water discharges from Small Linear Underground/Overhead Projects (Small LUPs) for (a) those areas on Tribal Lands, (b) the Lake Tahoe Hydrologic Unit, (c) Small LUPs which disturb less man one acre unless directed by a Regional Water Quality Control Board (RWQCB) to obtain coverage under a construction storm water permit, (d) projects covered by another construction storm . water general permit or an individual NPDES Permit for storm water discharges associated with construction activity, (e) linear construction projects that exceed five acres of soil disturbance, (f) non-linear construction projects, and (g) storm water discharges which are determined ineligible for coverage under this General Permit by an RWQCB. 4. Storm water discharges in the Lake Tahoe Hydrologic Unit are regulated by a separate permits) adopted by me California Regional Water Quality Control Board, Lahontan Region (LRWQCB). Permit applications for storm water discharges that will be conducted in the Lake Tahoe Hydrologic Unit must be submitted directly to the LRWQCB. USEPA regulates storm water discharges on Tribal Lands. 5. Regulations, promulgated by USEPA (40 CFR Part 122, [FRL-7464-2], RIN 2040- AC82) on March 5, 2003 exempt oil and gas exploration, production, processing, and treatment operations or transmission facilities (ie., gathering lines, flow lines, feeder lines, and transmission fates) for projects encompassing from one to five acres, are exempt frooi this General Permit until March 10, 2005 unless the above rule is extended by USEPA. The construction of water lines, electrical utifity lines, etc., as part of the ofl and gas exploration, production, processing, treatment, and transmission projects are also included in mis exemption. This exemption does not include distribution tines mat deliver natural gas to homes businesses, etc., and operate at relatively tow pressures, or those pipelines that transport refined petroleum product and chemicals irom refineries and ch^^ 6. This General Permit regulates me discharge of stoirm water associated with construction activities from Small LUPs mat result in land disturbances greater than one acre but less man five acres. Construction activities associated with Small LUPs are not like traditional construction projects, such as resktential and commennal development Small LUPs have a lower potential to impact receiving waters because these projects are typicafly short in duration and are constructed wifhm or around hard paved surfaces resulting in minimal disturbed land area being exposed at the close of the construction day. 7. Small LUPs have been categorized into two tiers (Tier I and Tier II) of complexity based on a project's threat to water quality. 8. Tier I Smafl LUPs typically do not rave a Mgh potential to in^ because (a) these construction activities are not typically conducted during a rain event, (b) these projects are normally constructed over a short period of time,1 rrmnmizmglhe duration that pollutants could rxjtentialry be exrx>sed to rainfall; a^ such as those from trench excavation, wiU be reqirired to be haukd away, backfilled into the trench, and/or covered (e.g., metal plates, pavement, plastic covers over spoil piles) at the end of the instruction day. 9. Tier B-JStiMfi LUBJ} have a higher potential to intact stonn water quality because (a) they typicafiy occur outside the more urban/developed areas; (b) they have larger areas of soil disturbance that are not closed or restored at the end of the day, (c) they may have on-site stockpiles of soil, spoil and other materials stockpiled on site; (d) they cross or occur in close proximity to a wide variety of sensitive resources which may include, but are not limited to, steep topography and/or waterbodies, and (e) they have larger areas of disturbed soils mat ate may be exposed tor a longer time interval before final stabilization, cleanup and/or reclamation occurs. 10. Dischargers or their duly authorized representatives of Tier I and Tier n Small LUPs using this General Permit must seek coverage under this General Permit prior to the start of construction by filing the appropriate notices with the SWRCB and the appropriate RWQCB(s) offices) and developing a Storm Water Pollution Prevention Plan (SWPPP) for each project inctadmg monitoring of this General Permit and Sections A and B. 1 Short period of time refers to a project duration of weeks to months, but typcially less than one year in duration. 11. This General Permit does iK)t preempt OT supersede (he au&ority of local stcmnw management agencies to prohibit, restrict, or control storm water discharges to separate storm sewer systems or other watercourses within their jurisdiction as allowed by State and federal law. 12. If an individual NPDESPermit is issued by an RWQCB to a discharger or duty authorized representative who is otherwise subject to this General Permit, the applicability of this General Permit to such discharges is aiitomarjcalry terminatrid on the efiective date of me indrvichial permit If an alternative General Pennh is subsequently adopted, which covers storm water discharges regulated by mis General Permit and the discharger is directed to seek coverage under the aftematiwpemiftbytheRWQCB,the discharger must terminate coverage under this General Permit and seek coverage under the alternative permit 13. TheSWRCB adopted the California Ocean Plan, and me RWQCBs have adopted and me SWRCB has approved Water Quality Control Plans (Basin Plans). Dischargers or duly authorized representatives regulated by this General Perrnit must comply with me water quality standards in these Basin Plans and subsequent amendments thereto. 14. Storm water discharges assotiated wim ccostnicticii activity iram Sm potentially contribute sediment or other pollutants into water bodies Hsted by the SWRCB as impaired (current listing in Attachrnent 7) in accordance with the federal Clean Water Act (CWA), Section 303(d). Tte Monitoring Program and Reporting Requirements include sampling and analysis requirements for all direct discharges of sedraient/siltation or turbidity to waters tiste^ The Monitoring and Reporting Requirements ato for pollutants that are not visually detectable in nmoffmatmaycauseorcxmtributetDan exceedance of water quality objectives where a discharger or its authorized representative fails to implement an adequate SWPPP. 15. Federal regulation 40 CFR Section 122.44(kX2) allows the SWRCB to require implementation of Best Management Practices (BMPs) to control or abate me discharges pollutants for storm water authorized under Section 402(p) of the federal CWA. Federal regulation 40 CFR Section 122.44(kX4) authorizes the implementation of BMPs where BMPs are necessary to carry out the purposes and intent of IheCWA. Effluent limitations contained in mis General Permit are nanatiw and requre a discharger or its authorized representative to implement appropriate BMPs to reduce the discharge of pollutants in storm water runoff to comply with BAT/BCT discharge standards. 16. Construction activities associated with Small LUPs may require the use of non-storm water. Non-storm waters that are not to be sources of significant pollutants and do not threaten water quality are conditionally authorized by this General Permit through Special Provision D.6. Discharge Prohibition A.2 of mis General Permit prohibits the discharges of non-storm water except where such discharges are either authorized by this General Permit or authorized by a separate NPDES permit or both. 17. Following adoption of this General Permit, the RWQCBs shall enforce the provisions herein including the monitoring and reporting requirements. 18. Following public notice in accordance with State and federal laws and regulations, the SWRCB, in a public hearing on May 21, 2003, heard and considered all comments. The SWRCB has prepared written responses to all significant comments. 19. This General Permit 6^ ixrt authorize disc^^ the U.S. Army Corps of Engineers under CWA section 404 and does not constitute a waiver of water quality certification under CWA section 401. 20. The action to adopt a gerieral NPDES permit is exer^ of flie California Environmental Quality Act (CEQA) (Public Resources Code Section 21 100, et seq.), in accordance with Section 13389 of the California Water Code. 21 . The SWRCB has considered anti-degradation pursuant to 40 CFR 131.12 and SWRCB Resolution 68-16, and discharges in compliance with this General Permit are consistent IT IS HEREBY ORDERED mat all dischargers2 or duty authorized representatives who file an Notice of Intent (NOI) indicating their intention to be regulated imder the provisions of ftis General Permit shall comply wife the following: A. DISCHARGE PROHIBITIONS: 1. Authorization pursuant to tins General Permit does not constitute an exemption to applicable discharge prohibitions prescribed m Basin Plaris, as rD^lemented by tiie nine RWQCBs. 2. Discharges of non-storm water which are not olhervrise authorized by an l^DESr>ermrt to a municipal separate storm sewer system (MS4) or waters of the nation are prohibited, except as allowed in Special Provisions for Construction Activity, Section D.6. 3. Storm water discharges shall not cause or threaten to cause pollution, contamination, or nuisance 4. Storm water discharges regulated by mis Generd Perrnit shafl r»t oxntain a hazardous substance equal to or in excess of a reportable quantity h'sted in 40 CFR Part 117 and/or 40 CFR Part 302. 5. Trench spoils or any other soils disturbed during construction activities that are contaminated sofl3 shall not be discharged with storm water or non- storm water discharges into any storm drain or waterbody unless subject to an NPDES permit 2 The term "discharger" means the utility company, municipality, or other public or private company or agency that owns or operates the Small LUP. 3 Contaminated soil is soil that contains pollutants in concentrations that exceed the appropriate thresholds of various regulatory agencies for those substances. Preliminary testing of potentially contaminated soils will be based on odor, soil discoloration, or prior history of the site's chemical use and storage and other similar factors. When soil contamination is found or suspected and a responsible party is not identified, or the responsible patty fails to promptly take the appropriate action, the discharger or authorized representative shall have those soils sampled and tested to ensure proper handling and public safety measures are implemented. The discharger or its authorize representative will notify the appropriate local, State, or federal agency(ies) when contaminated soil is found at a construction site, and will notify the RWQCB through the submittal of the LCTN or NOT at the completion of the project. 6. Discharging any pollutant-laden water which will cause or contribute to an exceedance of the applicable RWQCB 's Basin Plan from a dewatering site or sediment basin into any receiving water or storm drain is prohibited. B. EFFLUENT LIMITATIONS 1. Reduce the discharge of pollutants in storm water discharges and aufliorized nan-storm water discharges from Small LUPs through the implementation of BMPs to BAT and BCT discharge standards. This General Permit is performance based to the extent that h prohibits the discharge of storm water that causes or threatens to cause pollution, contarninatipn, or nuisance. This General Permit also allows the discharger or authorized representative to determine the most economical, effective, and possibly innovative BMPs to reduce the discharge of pollutants in storm water discharges and authorize rw>n-storm water oUsdiaiges from Small LUPs to meet the BAT/BCT discharge standard 2. The discharger or aiithorized representative shaU implement BMPs to prevent a n^ increase of sediment load in storm water discharge relative to preconstruction levels. C. RECEIVING WATER LIMITATIONS: 1. Storm water discharges and authorized non-storm water discharges to any surface or groundwatcr shall not adversely impact human health or the environment 2. The SWPPPs developed for the Small LUPs covered by Ihis General Permit shall be designed and implemented such mat storm water discharges and authorized non-storm water discharges shall not cause or contribute to an exceedance of any applicable water quality standards contained in a Statewide Water Quality Control Plan and/or me applicable RWQCB's Basin Plan. 3. Shouldit be determined by the discharger or authoiized representative, SWRCB, or RWQCB(s) that storm water discharges and/or authorized non-storm water discharges are causing or contributing to an exceedance of an applicable water quality standard, the following shall apply: a. The discharger or authorized representative shall implement (xarective measures immediately following discovery mat water quality standards were exceeded, followed by notification to the appropriate RWQCB(s) office by telephone as soon as possible but no later than 48 hours after the discharge has been discovered This notification shall be followed by a report submitted by the discharger or duly authorized representative within 14 calendar days to the appropriate RWQCB office, unless otherwise directed by the appropriate RWQCB office, describing (1) the nature and cause of the water quality standard exceedance; (2) the BMPs currently being implemented; (3) any additional BMPs which witt be implemented to prevent or reduce pollutants mat are causing or contributing to the exceedance of water quality standard^; ard (4) any maintenance or repair of BMPs. This report shall include an implementation schedule for corrective actions and shall describe the actions taken to reduce the pollutants causing or contributing to the exceedance. b. The discharger or authorized representative shall revise its SWPPP and monitoring program immediately atte submitting Ifae report to me appropriate RWQCB(s) office to incorporate the additianal BMPs that have been implemented and will be implemented, fee implementation schedule, and any additional monitoring needed c. Nothing mlhis section shaU prevent the provisions of this General Permit whfle the discharger or ajrihorazed representative prepares and implements the above report D. SPECIAL PROVISIONS FOR SMALL LINEAR UNDERGROUND/OVERHEAD • CONSTRUCTION PROJECTS: 1. This General Permit regulates storm water discharges associated witoSmaDLUPs. Small LUPs include, but are not limited to, atry conveyance, pipe, or pipeline for the transportation of any gaseous, liquid (including water and wastewater for domestic mumtipalsenricesX liquescent, or staty transmission of ekctrical energy, any cable line or wire for conmnmications (e.g., telephone, telegraph, radio, or television messages); and associated ancillary facilities. (3onstractiOT activities associated with StnaU LUPs irx to, (a) hose activities necessary for fee installation of underground and overhead linear facilities (e.g., conduits, substructures, pipelines, towers, poles, cables, wires, connectors, switching, regulating and transforming equipment, and associated ancillary facilities); • aixlii3dtode,butareiwtfanTtedto,(b)TO and asphalt cutting and removal, trenching, excavation, boring and drifting, access road and pole/tower pad and cable/wire pull station, substation construction, substructure installation, construction of tower footmgsand/OTibuiMMons, pole arul tower installations, pipeline installations, welding, oaicrete and/or pavement repair or replacement, and stockpile/borrow locations. 2. Tliis General Permft establishes two tierc Small LUPs based on a project's threat to water quality: a. Tier I Small LUPs are: i Those construction projects where 70 percent or more of the construction activity occurs on a payed surface and where areas disturbed during construction will be end of the construction activities for the day; or ii. Where greater man 30 percent of cx>nstnK^iOTacti\Tties occur withm the non-paved shoulders or land immediately adjacent to paved surfaces, or where construction occurs on unpaved improved toads, mcluding thek shoolders or land immediately adjacent to them where: (1) Areas disturbed during construction will be returned to preconstruction conditions or equivalent protection established at the end of me construction activities for the day to mmrnniR the potential for erosion and sediment deposition, and (2) Areas where established vegetation was disturbed during construction will be stabilized and revegetated by the end of project When required, adequate temporary stabilization BMPs will be installed and maintained until vegetation is established tn meet minimum cover requirements established in mis General Permit for final st^ran'^linn b. Tier H projects are all other SmaULUPs feat do not meet the definition of Tier I projects. 3. The discharger or duty authorized represenlatrve shaD utilize Ihe processes ard raetbods provided in Attachment 1, Notice of Intent (NOI) - General Instructions and Attachment 2, Linear Construction Activity Notification (LCAN) - General Instructions for determining the total land disturbance an» of a rmqjpW linear underground/ overhead construction project to establish if the project is a Small LUP that may seek coverage under this Permit 4. When using this General Permit, the discharger or duty authorized representative of Small LUPs must obtain coverage under n^Genei^Perniitpricr to commencement of construction activities. Notice requirements are different depending on the complexity of aSmallUJP: a. Prior to the start of construction of any Tier I Small LUPs. the discharger or duty authorized representative shall file one NOI and fee to establish coverage under mis General Permit for each RWQCB office jurisdictional area where Tier I Small LUPs win be constructed. Prior to start of construction for each individual Tier I Small LUP,1he discharger or its duty authorized representative shaH surjnri a Linear Construction Activity Notification (LCAN) to the appropriate RWQCB office pursuant to mis General Permit as required by Attachment 2: Notice of Intent— General Instructions. One LCANrnay include multiple Tier I Smafl LUPs provided the projects are listed by county within each RWQCB office jurisdictional area. b. Prior to construction activities for Tier H Small LUPs. the discharger or duly authorized representative shall file an NOI and fee for each NOI submitted pursuant to this General Permit as required by Attachment 1: Notice of Intent— General Instructions. 5. The dischar^ or auihorizied representative of all Sma^ preparation, implementation, and oversight of the SWPPP is sufficient tor effective pollution prevention in accordance with Section A: Storm Water Pollution Prevention Plan. The discharger or authorized representative shall implement controls to reduce pollutants in storm water discharges from their construction sites to the BAT/BCT performance standard 6. This General Permit prohibits the discharge of non-storm water rat authorized by this General Permit or authorized by a separate NPDES permit Such non-storm water discharges authorized by this General Permit4 include, but are not limited to irrigation of vegetative erosion control measures, pipe flushing and testing, street cleaning, and c 4 Dischargers or authorized representatives must identify all authorized non-storm water discharges in the Small LUP's SWPPP and identity BMPs that will be implemented to either eliminate or reduce pollutants in non-storm water dis charges. RWQCBs may direct the discharger to discontinue discharging such non-storm water discharges if determined that such discharges discharge significant pollutants or threaten water quality. I*"*"** w * _^""' dewatering. Such discharges are allowed by this General Permit provided they are not relied upon to clean up failed or irnyfcqnate construction or post-construction BMPs designed to keep materials on site. These authorized non-stiorm water discharges: a. Shall be iofeasible to eliminate, b. ShaB comply with BMPs as described in the SWPPP, and c. ShaH rot cause or cxHitnhute to a \dolationofw Additionally, these discharges nay be required to be permitted by the appropriate RWQCB(s) office (e.g., some RWQCBs have adopted General Permits for dewatering discharges). Wherever feasible, alternatives, which do not result in discharge of non-storm water, shaD be implemented in accordance with Section 9 of the SWPPP requirements (Section A). 7. For Small LUPs covered under tins GoieanalPeraiit,u^ discharger OT authorized representative shall develop and lynptemgiit a monhoring program and reporting plan in accoidancewifli SectionB: Monitoring Program and Reporting Requirements. The discharger or authorized representative shall have appropriate equipment and materials, and workers must be available for rapid response to BMP failures and emergencies at construction sites. Ail corrective maintenance to BMPs shall be performed as soon as possible, depending upon worker safety. 8. When soil contamination is found or suspected ami a resporjsMe party is iwt identified, or Ihe responsible party iails to rjrompnVt^ w authorized representative shall have those soils sampled and tested to ensure proper handling and prihtic safety meamres are implemented The discharger or its anthnriTE representative wffl notify me appropriate local, State, or federal agency(ies) when contaminated soil is found at a construction site, and wfflrK^ the RWQCB through the submittal of the LCTN or NOT at the completion of the project 9. All dischargers or authorized representatives sliaflcornpty with the lawM requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under their jurisdiction, including applicable requiiements in municqwl storm water management programs developed to comply with NPDES permits issued by the RWQCBs to local agencies. 10. All dischargers or authorized representatives shall comply with the standard provisions and reporting requirements contained in Section F: Standard Provisions for Small LUPs. Dewatering activities may be prohibited or need coverage under a separate permit issued by the RWQCBs. Dischargers or authorized representatives shall check with the appropriate RWQCBs for any required permit or basin plan conditions prior to initial dewatering activities to land, storm drains, or waterbodies. 11. Termination of Coverage The discharger or duty authorized representative may terminate coverage of a Small LUP covered under this General Pennit When construction activities are completed by submitting a written request to terminate coverage to the appropriate RWQCB(s) office. Termination requirements are different depending on the complexity of the Small LUP. A Small LUP is considered complete when: (a) there is no potential for construction related storm water pollution; (b) all elements of the SWPPP have been completed; (c) construction materials and waste have been disposed of properly; (d) the site is in compliance with all local storm water management requirements; and (e) the discharger or duly authorized representative suomitted a IXTINfcr Tier I projecls and has received approval for termination from the appropriate RWQCB(s) office for Tier n projects. a. Tier I Small LUPs Termination of Coverage Requirements L Dischargers or duty authorized representatives shaUffle a Linear Construction Termination Notification (LCTN) to request termination for a Tier I Small LUP to the appropriate RWQCB(s) office in accordance with requirements of Attachment 3, IXTITST - Geneial Instructions. By filing Ihe LCTN, a discharger or duty authorized representative is certifying construction activities are complete, that the site was in full compliance with requirements of this General Pennit during active construction, and that it is now compliant wimsoti stabilization requirements where appropriate. A discharger or chify authorized representative may submit an LCTN for multiple projects completed over a specified period of time or may submit an LCTN for an individual Small LUP. ii. The discharger or duty authorized representative must submit a Notice of Termination (NOT) request to the appropriate RWQCB(s) office to terminate coverage under mis General Pennit to construct Tier I Small LUPs within a specific RWQCB jurisdictional area. Upon approval by the appropriate RWQCB(s), permit coverage will be terminated and the discharger or duly authorized representative will no longer be authorized to construct Tier I Small LUPs within the RWQCB jurisdictional area until such time the company has obtain coverage under this General Permit or another NPDES storm water permit for these activities. The discharger or duly authorized representative shall submit the NOT in accordance with Attachment 4, NOT - General Instructions. b. Tier n Small LUPs Termination of Coverage Requirements A discharger or duly authorized representative shall file a NOT to the appropriate RWQCB(s) office to request termination for a Tier n Small LUP in accordance with requirements of Attachment 4, NOT - General Instructions. By submitting an NOT, the discharger or duty authorized representative is certifying that construction activities for a Tier n Small LUP are complete and that the project was in full compliance with requirements of this General Permit during active construction and that it is now compliant with soil stabilization requirements where appropriate. Upon approval by the appropriate RWQCB(s) office, permit coverage will be terminated. c. Change of Ownership Termination Requirements The discharger or duty authorized representative may tenninate coverage for a portion of the project under this General Permit when ownership of a portion of this project has been transferred or when a phase within a multi-phase project has been completed. When ownership has transferred, me discharger or duty authorized representative miist submit to its RWQCB a Change of Information Form (COS), Attachment 1, with revised site map and the name, address, and telephone number of the new owners), l^xmtransfo of tMe,trie disorder CM-duty aunwri2»d representative should notify the new owner(s) of me need to obtain coverage under this General Permit The riewovvn« must coinpty with pi^^ of mis General Permit To terminate coverage for a pora'on of the prcgect when a phase has been completed, the discharger or duly authorized representative or must submit to its RWQCB a COIwim a revised n^ site. d. A discharger or duly authorized representative may tenninate coverage under this GeiieralPenm'twhenaUSmaflLUPsCTirrenfy Permit have been permitted under an individual or another construction storm water 12. This General Permit expires five years from the date of adoption. E. REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) AUTHORITIES: 1. RWQCBs shall: a. Implement the provisions of this General Permit Implementation of 1his General Permit may include, but is not limited to receiving LCANs and LCTNs, requesting the submktal of SWPPPS, reviewing SWPPPs, review^ nK«Aoimg reports, conducting compliance inspections, receiving and approving NOTs, and talcing enforcement actions. b. Issue individual NPDES permits, as mey deem appropriate to individual dischargers, categories of dischargers, or dischargers ina geographic area. Upon issuance of such permits by an RWQCB, this General Permit shall no longer regulate the affected dischargers. 2. RWQCBs may require, on a case-by-case basis, the inclusion of an analysis of potential downstream impacts on receiving waterways clue to the permitted construction. 3. RWQCBs may provide information to dischargers or authorized representatives on the development and implementation of SWPPPs and monitoring programs and may require revisions to SWPPPs and monitoring programs. 4. RWQCBs may require dischargers to retain records for more man three years. 5. RWQCBs mayieqinreaddiu\)nalmorjitormga including sampling and analysis of discharges to water bodies listed in Attachment 7 to 10 this General Permit Additional requirements imposed by the RWQCB should be consistent with the overall monitoring effort in the receiving waters. 6. RWQCBs may direct a discharger to seek coverage under Order 99-08 or issue an individual NPDES permit for Small LUPs meeting tte land disturbance threshold for coverage under tins General Permit RWQCBs may also direct a discharger to seek coverage under Order 99-08 or to issue an individual NPDES permit far those Small LUPs that fell outside of the land disturbance thresholds for this General Permit 7. RWQCBs may document compliance of a project using any format ftat is preferred, \\iiicimayinchidethetakingofphotoOTvideoimages. F. STANDARD PROVISIONS FOR SMALL LUPS: 1. Duty to Comply The discharger or authorized representative must comply with all of the conditions of mis General Permit Any permit noncompliance constitutes a violation of the CWA and the Porter-Cologne Water Quality Control Act and is grounds for enforcement action and/or removal from General Permit coverage. The discharger or authorized representative shall comply with effluent standards or prohibitions established under Section 307(a) of fee CWA for toxic pollutants wMiir> the time provided in me regulations that estabh^ these staridards or rjroM>itions even if this General Permit has not yet been modified to incorporate the requirement 2. General Permit Actions This General Permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the discharger or duty authorized representative for a General Permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not annul any General Permit condition. If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or piohibitic«) is promulgated under Section 307(a) of the CWA for a toxic pollutant which is present in the discharge and that standard or prohibition is more sliingeut than any limitation on the pollutant in this General Permit, this General Permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition and the dischargers or duly authorized representatives so notified 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a discharger or authorized representative in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this General Permit 11 4. Duty to Mitigate The discharger or authorized representative shall take afl responsible steps to minimize or prevent any discharge in violation of tins General Permit; which has a reasonable Ukefihood of adversely affecting human health or the environment 5. Proper Operation and Maintenance The discharger or authorized representative shall at all times property operate and maintain any facilities and systems of treatment and conttol (and related ar^urtenances), which are installed or used by the discharger or authorized representative to achieve compliance with the conditions of this General Permit and with the requirements of SWPPPs. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance may require the operation of backup or auxiliary faciMes or similar systems instafled by a discharger or authorized representative when necessary to achieve compliance with the conditions of this General Permit 6. Property Rights This General Permit does not convey any rjroperty rights of any sort or any exclusive privileges; ft does not authorize any injury to orivate property or any invasion of personal rights; and it does not authorize any infringement of federal, State, or local laws or regulations. 7. Duty to Provide Information The discharger or authorized representative shall furnish the RWQCB, SWRCB, or U8EPA, within a reasonable time, any requested infonnation to detennine comphance with this General Permit The discharger or duty authorized representative shall also furnish, upon request, copies of records required to be kept by mis General Permit 8. Inspection and Entry The discharger or authorized representative shall allow a duty arborized representative of me RWQCB, SWRCB, USEPA, and/or, in me case of construction sites which discharge through a municipal separate storm sewer, an authorized representative of the municipal operator of the separate storm sewer system receiving me discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the discharger's or authorized representative's premises at reasonable times where a regulated construction activity is being conducted or where records must be kept under me conditions of this General Permit; b. Access and copy at reasonable times any records mat must be kept under the conditions of this General Permit; c. Inspect at reasonable times the complete construction site, including any off-site staging areas or material storage areas, and the erosion/sediment controls; 12 d. Sample or monitOT at reasonable times for the pin^^ compliance; and 9. Signatory Requirements a. All NOIs, NOTs, SWPPPs, certifications, and reports prepared by the discharger in accordance with this Order submitted to 1he SWRCB shall be signed as follows: L For a corporation: by a responsible corporate ofBcer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer, or vice president of tire corporation in charge of a principal business function., or any other person who performs similar pohcy or decision-making functions for the corporation, or (b)1ne manager of Ihe construction activity if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; ii. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or iii. For a municipality, State, federal, or other public agemy: by either a principal executive officer, ranking elected official, or duty authorized representative. The principal executive officer of a federal agency includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Adrniriistrator of USEPA). b. All SWPPPs, reports, certifications, or other information required by the General Permit and/or requested by the RWQCB, SWRCB, USEPA, or the local storm water management agency shall be signed by a person described above or by a duly authorized representative. A person is a duty authorized representative if. i The authorization is made in writing by a rjera^ part of the SWPPP; or ii. The authorization specifies either (1) an individual or a position having responsibility for the overall operation of Ihe construction activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility; (2) an individual or position haying overall responsibility for environmental matters for Ihe company, municipality, or other public agency mat owns or operates the Small LUP; or (3) a contractor employed by the owner or operator of the Small LUP. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). c. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the construction activity, a new authorization must be attached to the SWPPP prior to submittal of any reports, information, or certifications to be signed by the duly authorized representative. 10. Certification Any person signing documents under Section F, Provision 9 above, shall make the following certification: 13 **"**" 'I certify under penalty of law that this document and aU attachments were prepared under my direction or supervision in accordance with a system designed to assure mat qualified personnel property gamer and evaluate me infomiatioQ submitted Based on my iojiriry of me perscniOT persons who rruin^ responsible for garnering the information, to die 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." 11. Anticipated Nmcornpliance The discharger or authorized representative wifl give advance notice to me appropriate RWQCB office and local storm water management agency of any planned changes in the construction activity, which may result in notrompnmce wim General Permit recpnrements. 12. Penalties for Falsification of Reports Section 309(cX4) of the CWA provides mat any person who knowingly makes any false material statement, representation, or certification in any record or other document submitted or required to be maintained tinder compliance or noncompUance shall upon conviction, shall be punished by a fine of not " more man $10,000 or by imprisonment fin: not more than two years or by both. 13. Oil and Hazardous Substance Liability Nothing in this General Permit shall be ccmstmedtoprechidcuKmstitutionofanylegal action or relieve the discharger or duty authorize repress responsibilities, liabilities, or penalties to which the discharger cc duty aiirhorized representative is or may be subject to under Section 311 of the CWA. 14. Severabih'ty The provisions of mis General Permit are severable; and, if any provision of this General Permit or me application of any provision of mis General Permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of fins General Permit shall not be affected thereby. 15. Reopener Clause This General Permit may be modified, revoked and reissued, or terminated for cause due to promulgation of amended regulations, receipt of USEPA guidance concerning regulated activities or a judicial decision, or in accordance with 40 CFR 122.62,122.63, 122.64, and 124.5. 16. Penalties for Violations of Permit Conditions /*** a. Section 309 of the CWA provides significant penalties for any person who violates a W- permit condition implementing Sections 301,302, 306,3 07,308,318, or 405 of the 14 CWA or any permit condition or limitation implementing any such section in a permit issued under Section 402. Any person who violates any permit condition of mis General Permit is subject to a civil penalty not to exceed $27,500 per calendar day of such violation, as well as any other appropriate sanction provided by Section 309 of the CWA. b. The Porter-Cologne Water Quality Control Act also provides for civil and criminal penalties that in some cases are greater than those under the CWA. 17. Availability A copy of this General Permit shall be maintained in conjunction with the original SWPPP. 18. Transfers This General Permit is not transferable. A new discharger or duly authorized representative of an ongoing Smal LUP must submit an NOI in accordance with the requirements of this General Permit to be authorized to discharge under this General Permit A discharger of duty authorized representative who transfers responsibility for Small LUPs covered by this GeneralPermit shall inform the new discharger of the duty to file an NOI and shall provide the new discharger or duty authorized representative with a copy of this General Permit 19. Continuation of Expired Permit This General Permit continues in force and effect until a new General Permit is issued or the SWRCB rescinds this General Permit Only those dischargers or duly authorized representatives authorized to discharge under the expiring General Permit are covered by the continued General Permit CERTIFICATION The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duty and regularly adopted at a meeting of the State Water Resources Control Board held on June 18,2003. AYE: NO: ABSENT: ABSTAIN: Arthur G. Baggett, Jr. Peter S. Silva Richard Katz GaryM. Carfton Nancy H. Sutley None. None. None. Jebbie Clerk to the Board 15 Section A to WQ Order 2003-0007-DWQ Section A: STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1. Objectives This General Permit requires development and implementation of a SWPPP for all Small Linear Underground/Overhead Construction Projects (Small LUPs). Requirements for a SWPPP vary depending on the complexity of the Small LUP. In all cases, there is an emphasis on the use of appropriately selected, correctly installed, and maintained Best Management Practices (BMPs) to reduce pollutants associated with construction activities in storm water runoff from Small LUPs. Additionally, SWPPPs for all types of Small LUPs will include appropriate BMPs to eliminate non-storm water discharges not authorized by this General Permit or another National Pollutant Discharge Elimination System (NPDES) permit, or to reduce the discharge of pollutants in authorized non-storm water discharges. A SWPPP developed for Small LUPs will be appropriate for the type and complexity of the project and will be developed and implemented to address project specific conditions. SWPPPs for all Small LUPs shall be developed and amended or revised, when necessary, to ensure: a. All pollutants and their sources, including sources of sediment, associated with construction activities associated with linear underground/overhead construction activity are controlled, b. All non-storm water discharges are identified and either eliminated or controlled, c. BMPs are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized non-storm water discharges from Small LUPs during construction, and d. BMPs installed to reduce or eliminate pollutants after construction is completed are effective and maintained. 2. SWPPP Implementation Schedule a. Tier I Small LUPs for which Linear Construction Activity Notifications (LCANs) have been submitted to the appropriate Regional Water Quality Control Board (RWQCB) shall develop a SWPPP prior to the start of land-disturbing activity in accordance with this Section and shall implement the SWPPP concurrently with commencement of soil-disturbing activities. b. Tier II Small LUPs for which Notice of Intents (NOIs) have been submitted to the State Water Resources Control Board (SWRCB) shall develop a SWPPP prior to the start of land-disturbing activity in accordance with this Section and shall implement the SWPPP concurrently with commencement of soil-disturbing activities. c. Owners or operators of ongoing linear underground/overhead construction projects that are Small LUPs as defined in this General Permit and are currently covered under Order No. 99-08 shall continue coverage under Order No. 99-08 until the construction activities are complete except where less than 50 percent of the construction project is complete. When ongoing construction activities are less than 50 percent complete, the operator of the Small LUP may choose to seek coverage under this General Permit by filing the appropriate NOI and/or LCAN, revising its SWPPP, if appropriate, and terminating coverage under Order No. 99-08. Termination of coverage under Order No. 99-08 is subject to the approval of the RWQCB. The SWPPP developed under requirements established in Order No. 99-08 shall continue to be implemented upon coverage under this General Permit and may be revised, as needed, to comply with the requirements set forth in this General Permit. d. For an ongoing Small LUP involving a change of ownership, the new owner shall review the existing SWPPP and amend it, if necessary, or develop a new SWPPP within 15-calender days to conform to the requirements set forth in this General Permit 3. Availability The SWPPP shall be available at the construction site during working hours while construction is occurring and shall be made available upon request. When the original SWPPP is retained by a crewmember in a construction vehicle and is not currently at the construction site, copies of the BMPs and map/drawing will be left with the field crew and the original SWPPP shall be made available via a request by radio/telephone. 4. Required Changes a. The discharger or its duly authorized representative shall amend the SWPPP whenever there is a change in construction or operations which may affect the discharge of pollutants to surface waters, ground waters, or a municipal separate storm sewer system (MS4). The SWPPP shall also be amended if the discharger violates any condition of this General Permit or has not achieved the general objective of reducing or eliminating pollutants hi storm water discharges. If the RWQCB determines that the discharger is in violation of this General Permit, the SWPPP shall be amended and implemented in a timely manner, but in no case more than 14-calendar days after notification by the RWQCB. The date of the amendments shall be logged in the SWPPP. b. The RWQCB or local agency with the concurrence of the RWQCB may require the discharger to amend the SWPPP. 5. Minirnum Required Elements of All SWPPPs a. Each SWPPP shall initially be signed and certified by the discharger or its duly authorized representative and will include the date of initial preparation. Each amendment to a SWPPP shall be signed and dated by the discharger or its authorized representative that has been trained in accordance with Section A. 10 of this General Permit. • b. The SWPPP shall include a copy of the NOI, the Waste Discharge Identification (WDID) number, and, for projects covered under Tier I, a copy of the LCAN. Should a WDID number not be received from the SWRCB at the time construction commences, the discharger shall include proof of mailing of the NOI and LCAN (e.g., certified mail receipt, copy of check, express mail receipt, etc). c. The S WPPP shall provide the project location, including appropriate descriptions of land marks or other types of indicators for project locations that cannot be sufficiently defined by street names, development names, etc. d. The SWPPP shall include a vicinity map showing the location of the project. e. The SWPPP will include a construction drawing or other appropriate drawing/map showing the locations of storm drain inlets and waterbodies that may receive discharges from the construction activities and will show locations of BMPs to be installed for all those that can be illustrated on the drawing/map. If storm drain inlets, waterbodies, and/ or BMPs cannot be adequately shown on the drawing/map they will be described in detail within the SWPPP. f. The SWPPP shall include the start and estimated completion dates, the dates for the start and end of the rainy season1, and identify the anticipated construction and BMP implementation sequence, when appropriate for the type and complexity of project g. The SWPPP shall include the name and telephone number of the qualified person(s) who have been assigned responsibility for pre-storm, post-storm, and storm event BMP inspections; and the qualified person(s) assigned responsibility to ensure full compliance with the permit and implementation of all elements of the SWPPP. h. The SWPPP shall include appropriate sediment and erosion control BMPs for the type and complexity of the construction project i. The SWPPP shall include appropriate BMPs for stabilizing land areas disturbed by the construction activities, including maintenance and monitoring activities to be conducted to ensure adequate stabilization occurs in accordance with Section A.8 of this General Permit. j. The SWPPP shall include appropriate BMPs to address non-storm water discharges in accordance with Section A.9 of this General Permit k. The SWPPP may incorporate by reference the appropriate elements of other plans required by local, State, or federal agencies. A copy of any requirements incorporated by reference shall be kept with the original SWPPP. The original SWPPP shall be available at the construction site during working hours while construction is occurring and shall be made available upon request When the original SWPPP is retained by a crewmember in a construction vehicle and is not currently at the construction site, copies of the BMPs and map/drawing will be left with the field crew and the original SWPPP shall be made available via a request by radio/telephone. Rainy seasons dates listed by RWQCB jurisdiction: Region 1 - rainy season from October 1 through May 1 Regions 2,3, & 5 a/b/c • rainy season from October IS through April 1 Regions 6 a/b & 7 - rainy season from August 1 through October 1 and from November 1 through May 1 Regions 4 & 9 - rainy season from October 1 through May 1 Region 8 - rainy season from October 1 through May 31 1. The SWPPP shall include a list of names of all contractors, (or subcontractors) and individuals responsible for implementation of the SWPPP. This list should include the names, telephone numbers, and addresses of contact personnel. Specific areas of responsibility of each subcontractor and emergency contact numbers should also be included. 6. Tier I Small LUP SWPPP Requirements The discharger or its duly authorized representative shall develop a SWPPP for Tier I projects using the Tier I SWPPP template provided in Attachment 5 of this General Permit. If needed, supplemental information may be attached to the Tier I SWPPP form. .The SWPPP shall include the following in addition to the minimum required elements identified in Section A.5. a. The discharger or its duly authorized representative shall complete Table 1 of Attachment 5 to identify Small LUP construction activities and BMPs that will be implemented to reduce or prevent the discharge of pollutants to the Best Available Technology and Best Conventional Technology Available (BAT/BCT). In completing Table 1, the discharger or its duly authorized representative shall: i. Select one or more BMPs provided in Table 2, "Construction Activity and BMP Reference Guide" for each construction activity to be conducted at the site. Attachment 6, "BMP Fact Sheets" of the General Permit, provides fact sheets for each BMP listed. Each fact sheet provides descriptions and details about the type and applicability of each BMP. 1) Identify BMPs selected from Table 2 in Table 1 for each activity to be conducted at the Tier I Small LUP site. 2) Alternative BMPs that provide equivalent protection as those identified in Table 2 may also be listed. 3) Identify at least one BMP per construction activity that will be conducted at the site. You may identify more than one BMP per type of activity when applicable. ii. When a construction activity to be implemented for a Tier Small LUP is not listed, the discharger or duly authorized representative must add the activity to Table 1. iii. When a BMP that will be implemented at the site is not listed, the discharger or duly authorized representative must add the BMP to Table 1. iv. When new or alternate BMPs are added to Table 1, the discharger or its duly authorize representative must include additional information about the BMPs in the SWPPP including, but not limited to, BMP references), BMP description(s), and drawings or other attachments to describe the BMPs in the SWPPP (reference BMP Fact Sheets in Attachment 6 of the General Permit for the type of information needed for additional BMPs). v. Additional references for applicable construction site BMPs may be found at the SWRCB website at http://www.waterboards.ca.gov/storrowtr ,*>*""- vi. All Tier I SWPPPs must always implement the following two BMPs when contaminated soil is encountered and/or prior to initial dewatering to land, storm drains or waterbodies: . 2-06 "Contaminated Soil Management," and . 3-01 "Dewatering Operations." vii. BMPs identified in the SWPPP shall address both storm water and non-storm water discharges. viii.The SWPPP will identify types and locations of BMPs for temporary and permanent soil stabilization for areas of soil disturbance outside of paved areas. 7. Tier H Small LUP SWPPP Requirements Tier n Small LUPs SWPPPs are to be developed based on project and site specific characteristics. The SWPPP shall include the following in addition to the minimum required elements identified in Section A.5. a. Tier n SWPPPs are to be developed on standard project construction plans or equivalent that provides the following imnitmim elements: i. Project location and area of project. ii. Location of right-of-way, easement, and agreements. iii. Location of storm inlets, conveyances, and water bodies. iv. Location of applicable project activities including areas for staging, stockpiling, laydown, equipment and material storage, fueling, and other areas related to the construction activities. v. The SWPPP will include a construction drawing or other appropriate drawing/map showing the locations of storm drain inlets and waterbodies that may receive discharges from the construction activities and will show locations of BMPs to be installed for all those that can be illustrated on the drawing/map. If storm drain inlets, waterbodies, and/ or BMPs cannot be adequately shown on the drawing/map they will be described hi detail within the SWPPP for all BMPs to be implemented during the course of the small LUP. This will include all BMPs to be implemented during active construction and after construction activities have been completed. vi. The SWPPP will identify types and locations of BMPs for temporary and permanent soil stabilization for areas of soil disturbance outside of paved areas. vii. Construction notes as needed for implementing and maintaining the SWPPP and BMPs during the life of the project. viii. Where activities conducted at Tier II Small LUPs are identical to those listed in Table 2 of Attachment 5 of the General Permit, the Tier II SWPPP shall incorporate the BMPs provided in Table 2. However, alternative BMPs that provide equivalent protection may be implemented provided the discharger or its duly authorized representative includes additional information about the BMPs in the SWPPP including, but not limited to, BMP reference(s), BMP description^), and drawings or other attachments to describe the BMPs in the SWPPP. 8. Tier I and Tier II Stabilization Requirements All disturbed areas of the construction site must be stabilized prior to termination of coverage under this General Permit Final stabilization for the purposes of submitting a Linear Construction Teimination Notification (LCTN) for Tier I or a Notice of Termination (NOT) for Tier II projects is satisfied when all soil disturbing activities are completed and one of the following criteria are met: a. hi disturbed areas that were vegetated prior to construction activities of the Small LUP, the area disturbed must be reestablished to a uniform vegetative cover equivalent to 70 percent coverage of the preconstruction vegetative conditions. Where preconstruction vegetation covers less than 100 percent of the surface, such as in arid areas, the 70 percent coverage criteria is adjusted as follows: if the preconstruction vegetation covers 50 percent of the ground surface, 70 percent of 50 percent (.70 X .50=35) would require 35 percent total uniform surface coverage; OR b. Where no vegetation is present prior to construction, the site is returned to its original line and grade and/or compacted to achieve stabilization; OR c. Equivalent stabilization measures have been employed. These measures include, but are not limited to, the use of such BMPs as blankets, reinforced channel liners, soil cement, fiber matrices, geotextiles, or other erosion resistant soil coverings or treatments. 9. Non-Storm Water Management The SWPPP shall adequately address non-storm water discharges that are authorized under Special Provision D.6 of this permit. a. Non-storm Water Requirements for all Small LUPs. The SWPPP shall: i. Implement BMPs to eliminate or reduce to the extent feasible non-storm water discharges. ii. Require non-storm water BMPs be implemented at all times when construction activities are occurring. iii. Assign a qualified person to be responsible for ensuring that non-storm water discharges will not have an adverse effect on receiving waters or storm dram systems. iv. Describe the type of non-storm water discharges. v. The SWPPP will include a construction drawing or other appropriate drawing/map showing the locations of non-storm water BMPs to be installed for all those that can be illustrated on the drawing/map. If non-storm water BMPs cannot be adequately shown on the drawing/map they will be described in detail within the SWPPP. b. Certain non-storm water discharges may be required to be permitted separately by the local RWQCB (e.g., some RWQCBs have adopted General Permits for dewatering discharges). Non-storm water discharges or dewatering activities may be prohibited or need coverage under a separate permit issued by the RWQCBs. Dischargers or authorized representatives shall check with the appropriate RWQCBs for any required permit or basin plan conditions prior to initial dewatering activities to land, storm drains, or water bodies. c. Certain non-storm water discharges are prohibited from being discharged by the RWQCB. The SWPPP shall prohibit die discharge of non-storm waters not allowed by the RWQCB regardless if authorized by this General Permit It is not the intent of this General Permit to supercede the authority of the RWQCB to prohibit discharges of non- storm water. 10. Training Individuals responsible for SWPPP preparation, implementation, and permit compliance shall be appropriately trained and have such training documented in the entity's records including those personnel responsible for installation, inspection, maintenance, and repair of BMPs and those responsible for overseeing, revising, and amending the SWPPP. Training should be bom formal and informal, occur on an ongoing basis, and when it is appropriate and convenient, should include training/workshops offered by the SWRCB, RWQCB(s), or other locally recognized agencies or professional organizations. Documentation of personnel training shall be retained in the SWPPP or the entity's records. Where documentation is not included in the SWPPP, it shall be made available upon request. 11. Public Access The SWPPP shall be provided, upon request, to the RWQCB. The SWPPP is considered a report that shall be available to the public by the RWQCB under Section 308(b) of the Clean Water Act Section B to WQ Order 2003-0007-DWQ W SECTION B: MONITORING PROGRAM AND REPORTING REQUIREMENTS 1. Objectives This General Permit requires development and implementation of a monitoring and reporting program (M&RP) for all Small Linear Underground/Overhead Construction Projects (Small LUPs) to be incorporated as part of the Storm Water Pollution Prevention Plan (SWPPP) (Section A). Requirements for an M&RP vary depending on the complexity of the Small LUP. In all cases, there is an emphasis on a discharger or its authorized representative conducting daily visual inspections during working hours to ensure the BMPs are adequate, maintained, and in place at the end of the construction day. A discharger or its authorized representative shall prepare a monitoring program prior to the start of construction and immediately implement the program at the start of construction for Small LUPs. The monitoring program must be implemented at the appropriate level to protect water quality at all times throughout the life of the project. 2. M&RP Implementation Schedule a. The requirements of this Section shall be implemented at the time of commencement of construction activity (see also Section A.2., SWPPP Implementation Schedule). The discharger is responsible for implementing these requirements until construction activity is complete and the site is stabilized. b. Required Changes A M&RP must be revised when: i. Site conditions or construction activities change such that a change in monitoring is required to comply with the requirements and intent of this General Permit. ii. The Regional Water Quality Control Board (RWQCB) requires the discharger or duly authorized representative to revise its M&RP based on its review of the document. Revisions may include, but not be limited to, conducting additional site inspections, submitting reports, and certifications. iii. The RWQCB may require additional monitoring and reporting program requirements including sampling and analysis of discharges to water bodies listed in Attachment 7 to this General Permit. Additional requirements imposed by the RWQCB should be consistent with the overall monitoring effort in the receiving waters. 3. Site Inspections The goals of site inspections at Small LUPs are to (a) identify construction activities that may contribute pollutants to storm water discharges; (b) evaluate whether Best Management Practices (BMPs) identified hi the SWPPP are adequate and properly installed and maintained; and (c) determine whether additional control practices or corrective maintenance activities are needed. l(&fPa™™*: i^^ a. Minimum M&RP Requirements for all Small LUPs i. All inspections are to be conducted by qualified personnel. The name(s) and contact numbers) of the assigned inspection personnel shall be listed in the SWPPP. ii. Visual inspections are to be conducted daily during working hours and in conjunction with other daily activities in areas where active construction is occurring. iii. Must be implemented at the appropriate level to protect water quality at all times throughout the life of the project. b. Tier I Small LUPs Monitoring Requirements In addition to the minimum requirements in Section B.3.a, all Tier I projects M&RPs shall at a minimum include: i. Daily visual inspections conducted to verify: a) Appropriate BMPs for storm water and non-storm water are being implemented and in place in areas where active construction is occurring, b) Project excavations are closed, with road surfaces cleaned of excavated material and construction materials such as chemicals either removed or stored in protective storage containers at the end of the construction day, c) Land areas disturbed during construction are returned to pre-construction conditions or equivalent protection at the end of each workday to eliminate or minimi?.? erosion and the possible discharge of sediment or other pollutants during a rain event, and d) Inspections may be discontinued in non-active construction areas where soil-disturbing activities have been completed and final soil stabilization has been achieved (e.g., paving has been completed, substructures have been installed, vegetation meets minimum cover requirements for final stabilization, or other stabilization requirements have been met). ii. Inspection programs are required for Tier I projects where temporary and permanent stabilization BMPs are installed and are to be monitored after active construction is completed. Inspection activities will continue until adequate permanent stabilization has been established and, in areas where re vegetation is chosen, until minimum vegetative coverage has been established in accordance with Section A.8. c. Tier II Small LUPs Monitoring Requirements In addition to the minimum requirements in Section B.S.a, all Tier II projects M&RPs shall at a minimum include: i. Conduct daily visual inspections to verify that appropriate BMPs for storm water and non-storm water are being implemented and in place in areas where active construction is occurring. ii. Conduct inspections of the construction site prior to anticipated storm events, during extended storm events, and after actual storm events to identify areas contributing to a discharge of storm water associated with construction activity. Pre-storm inspections are to ensure that BMPs are properly installed and maintained; post-storm inspections are to assure mat BMPs have functioned adequately. During extended storm events, inspections shall be required during normal working hours for each 24-hour period. iii. Implement a monitoring program for inspecting Tier II Small LUPs mat require temporary and permanent stabilization BMPs after active construction is complete. Inspections will be conducted to ensure the BMPs are adequate and maintained. Inspection activities will continue until adequate permanent stabilization has been established and, in areas vegetated, until minimum vegetative coverage has been established hi accordance with Section A.8. iv. A log of the inspections conducted will be maintained in the SWPPP. The log will provide the date and time of the inspection and who conducted the inspection. M&RPs shall contain a sampling and analysis program for visible pollutants (i.e., sedimentation/siltation, turbidity) for those sites that discharge directly info the water bodies listed on Attachment 7 as impaired for sediment, siltation, or turbidity and for non-visible pollutants for a Small LUPs. The M&RP shall include: a. Sampling and Analysis Requirements for Sedimentation, Siltation, or Turbidity When the direct discharge is to a water body segment that is listed on the SWRCB's 303(d) list as unpaired for sedimentation/siltation, or turbidity (current 303(d) list is provided in Attachment 7), the M&RP shall have a sampling and analysis program for the applicable parameter. If the water body is listed for sedimentation or siltation, samples should be analyzed for Settleable Solids (ml/1) and Total Suspended Solids (mg/1). Alternatively or in addition, samples may be analyzed for suspended sediment concentration according to ASTM D3977-97. If the water body is listed for turbidity, samples should be analyzed for turbidity (NTU). i. Discharges that flow through tributaries that are not listed in Attachment 7 or that flow into Municipal Separate Storm Sewer Systems (MS4) are not subject to these sampling and analysis requirements. The sampling and analysis parameters and procedures must be designed to determine whether the BMPs installed and maintained prevent discharges of sediment from contributing to impairment in receiving waters. ii. Samples shall be collected during the first two hours of discharge frpm rain events that result in a direct discharge to any water body listed in Attachment 7. Samples shall be collected during daylight hours (sunrise to sunset). Dischargers need not collect more than four (4) samples per month. All samples shall be taken in the receiving waters and shall be representative of the prevailing conditions of the water bodies. Samples shall be collected from safely accessible locations upstream of the construction site discharge and immediately downstream from the last point of discharge. iii. For laboratory analysis, all sampling, sample preservation, and analyses must be conducted according to test procedures under 40 Code of Federal Regulations (CFR) Part 136. Field samples shall be collected and analyzed according to the specifications of the manufacturer of the sampling devices employed. Portable meters shall be calibrated according to manufacturer's specification. All field and/or laboratory analytical data shall be kept in the SWPPP document b. Sampling and Analysis Requirements for Non-Visible Pollutants The discharger or its duly authorized representative shall implement sampling and analysis requirements for non-visible pollutant monitoring for pollutants associated with construction sites and activities that are not visually detectable in storm water discharges, and which are or should be known to occur on the construction site, and which could cause or contribute to an exceedance of water quality objectives in the receiving waters. i. Sample and analysis for non-visible pollutants is only required where the discharger or its duly authorized representative believes pollutants associated with construction activities may be discharged with storm water runoff due to a spill or in the event there was a breach, malfunction, failure and/or leak of any BMP. Also, failure to implement BMPs may be a trigger for sample collection. *"1) Visual observations made during the monitoring program described above may help the discharger or its duly authorized representative to determine when to collect samples. 2) The discharger or its duly authorized representative will not be required to sample where the conditions described above (e.g., breach or spill) occur provided the site is adequately cleaned of material and pollutants and adequate BMPs implemented prior to the next storm event. ii. Pollutants that should be considered for inclusion in this sampling and analysis program are identified as pollutants associated with the construction activity as determined in Section A.I.a. iii. Samples shall be collected at all discharge locations which drain the areas identified by the visual observations and which can be safely accessed. For sites where sampling and analysis is required, personnel trained in water quality sampling procedures shall collect storm water samples. A sufficiently large sample of storm water that has not come in contact with the disturbed soil or the materials stored or used on-site (uncontaminated sample) shall be collected for comparison with the discharge sample. Samples shall be collected during the first two hours of discharge from rain events that occur during daylight hours and which generate runoff. iv. The uncontaminated sample shall be compared to the samples of discharge using field analysis or through laboratory analysis. Analyses may include, but are not limited to, indicator parameters such as: pH, specific conductance, dissolved oxygen, conductivity, salinity, and Total Dissolved Solids (TDS). vi. For laboratory analysis, all sampling, sample preservation, and analyses must be conducted according to test procedures under 40 CFR Part 136. Field samples shall be collected and analyzed according to the specifications of the manufacturer of the sampling devices employed. Portable meters shall be calibrated according to manufacturer's specification. All field and/or analytical data shall be kept in the SWPPP document. 5. Compliance Certification The discharger or its duly authorized representative must submit a certification to the appropriate RWQCB that construction activity for the Small LUP was hi compliance with the requirements of this General Permit. The certification of compliance is to be provided with a discharger's written request to terminate coverage under this General Permit in accordance with Provision D. 12. A compliance certification statement is included hi the Linear Construction Termination Notification (LCTN) for Tier I Small LUPs and Notice of Termination (NOT) forms for Tier n Small LUPS provided hi Attachments 3 and 4 of this General Permit, respectively. 6. Noncompliance Reporting Dischargers who have had instances of noncompliance excluding exceedances of water quality standards as defined hi Section B.3., Receiving Water Limitations of the General Permit shall notify the appropriate RWQCB verbally within five days. Corrective measures should be implemented immediately following discovery that water quality standards were exceeded. The notifications shall identify the noncompliance event, including an initial assessment of any impact caused by the event; describe the actions necessary to achieve compliance; and include a time schedule subject to modification by the RWQCB indicating when compliance will be achieved. Written noncompliance notifications must be submitted within 30-calendar days of identification of noncompliance. 7. Monitoring Records Records of all inspections and noncompliance reporting must be retained for a period of at least three years from the date a LCTN or NOT has been filed for the project With the exception of noncompliance reporting, dischargers are not required to submit these records. of Carlsbad Public Works - Contract Administration October 16, 2008 ADDENDUM NO. 2 RE: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT, PROJECT NO. 3537 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: October 29, 2008 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's SignaJ^rf! 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 - FAX (760) 6O2-8562 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On ( r~V o^.^UDo before me,wv" Datt personally appeared Kelly M. Kn?:iolHere Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur^ OPTIONAL signature of NotaT^Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General n Attorney in Fact LJ Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General LJ Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CITY OF CARLSBAD North Agua Hedionda Interceptor Sewer Replacement Contract No. 3537 Drawing No. 450-9 Addendum No. 2 From: Mark Biskup, Project Manager Phone: (760)602-2763 Fax: (760) 602-8562 Date: October 15,2008 Revised Bid Opening Date: October 29,2008 2:00 pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made apart of the contract documents for Contract No. 3537. 1. Delete: The Section 15066-2, Part 2, 2.2 Pipe: "PVC water transmission pipe, 14- inch through 30-inch, shall be manufactured in accordance with AWWA C905, and shall be of the sizes and dimension ratios (DR) shown on the Plans. If Pressure class is called for on the Plans, it shall mean the pressure rating (PR) as defined in AWWA C905. The pipe shall have integral bell and spigot joints with elastomeric gaskets in accordance with AWWA C905 Section 3 (Pipe Requirement). The pipe shall conform with the outside diameter of cast-iron pipe unless otherwise specified and shall conform with the wall thickness of DR series 18 or 25." Replace with: "PVC water transmission pipe, 14-inch through 30-inch, used as wastewater carrier pipe shall be manufactured in accordance with AWWA C905, and shall be of the sizes shown on Plans with a dimension ratio (DR) compliant with requirements of Section 13600, Installation of Carrier Pipe in Steel Casings. The minimum dimension ratio shall be DR 25. The pipe shall have integral bell and spigot joints with elastomeric gaskets in accordance with AWWA C905 Section 3 (Pipe Requirement). Fused joint PVC is not permitted. The pipe shall conform with the outside diameter of cast-iron pipe unless otherwise specified." Iof2 2. Delete: These sentences from Section 13600-6, Part 2, 2.01 a-4: "Centrifugally Cast Fiberglass Plastic Mortar (CCFRPM) Pipe manufactured in accordance to ASTM 3262. Material and construction shall conform with Greenbook section 500-1.8." Replace with: "Centrifugally Cast Fiberglass Plastic Mortar (CCFRPM) Pipe manufactured in accordance to ASTM D3262 and D3681." 2 of 2 of Carlsbad Public Works - Contract Administration October 22, 2008 ADDENDUM NO. 3 RE: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT BID NO. PWS09-05ENG, CONTRACT NO. 3537 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. Bidder's SignaMre 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 6O2-8562 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Q^T. o£). ()L[DO before Datfe personally appeared me,Kelly MHere Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) . C«WrtMlOfl# 1805779 **** PwWc- Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V^W>tXx^ I /) , OPTIONAL ignature of NotcffyPublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Individual D Corporate Officer—Title(s): D Partner — LJ Limited D General LJ Attorney in Fact U Trustee Li Guardian or Conservator n Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual LI Corporate Officer — Title(s): D Partner — LI Limited D General U Attorney in Fact LI Trustee LJ Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CITY OF CARLSBAD North Agua Hedionda Interceptor Sewer Replacement Contract No. 3537 Drawing No. 450-9 Addendum No. 3 From: Mark Biskup, Project Manager Phone: (760)602-2763 Fax: (760) 602-8562 Date: October 22, 2008 Bid Opening Date: October 29,2008 2:00 pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made a part of the contract documents for Contract No. 3537. 1. Add: To Section 13610-13, Part 2,2.01, A: Casing pipe shall be 42-inch diameter steel per details of plans and specifications. 2. Delete: This sentence from Section 06501-1, Part 1, 1.01: "The Contractor shall furnish and install a non-load bearing 42-inch inside diameter pipe externally ribbed high density polyethylene access hole liner and, if required, a separate polyethylene liner top with dimensions as shown on the drawings." Replace with: "The Contractor shall furnish and install a non-load bearing 48- inch inside diameter pipe externally ribbed high density polyethylene access hole liner in access hole and polyethylene liner top with dimensions as shown on the drawings." 3. ADD: To Section 13600-6, Part 2,2.01, a-4: CCFRPM pipe shall meet Cell Class Type 1, Liner 2 and Grade 3 of ASTMD3262 and meet or exceed long term corrosion test per ASTM D3861 with allowable strain of 0.90% for 100 year service life. lofl CONTRACT PUBLIC WORKS This agreement is made this y^jw\ day Qf (j-^^jc^^^^^tfyy 20C&. by and between the City of Carlsbad California, a municipal corporation, (hereinafter called "City"), and Vadnais Corporation whose principal place of business is 2130 La Mirada Drive Vista CA 92081 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 05/01/08 Contract No. 3537 Page 30 of 108 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 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. 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 05/01/08 Contract No. 3537 Page 31 of 108 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or 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 City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Am¥ Revised 05/01/08 Contract No. 3537 Page 32 of 108 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 liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and 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 Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 05/01/08 Contract No. 3537 Page 33 of 108 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 DiegcsCounty, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the 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. Revised 05/01/08 Contract No. 3537 Page 34 of 108 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: VadnaJ^fl! Cornm-ai-i on orporation of By: // (sign here) Paul President (sign here) Jeff Anderson,. Vi ae* President: (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 05/01708 Contract No. 3537 Page 35 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego i / / o On 1*2 / I A-/ QP before me, ' Date personally appeared Kellv M. i and Titl'Here Insert Name and Title of the Officer Paul j. Vadnais Name(s) of Signer(s) KEUVM. ComnittJOfl * 1805779 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature^ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual U Corporate Officer — Title(s): G Partner — LJ Limited i_j General C Attorney in Fact Li Trustee LJ Guardian or Conservator LJ Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — LJ Limited D General D Attorney in Fact I'll Trustee [' I Guardian or Conservator LJ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On \L-J\"l^jb<$ before me, Kelly M. Koziol /Date personally appeared _ Here Insert Name and Title of the Officer Jeff Anderson Name(s) of Signer(s) 1 KELLY M. KOZIOL CwwnUiion * 1805779 •tottry Public. CaHtontfi I San Ottflo County = My Comm. fapJfjMj jyt 3r 201? I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Y\ OPTIONAL signature of lic ) // Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: I RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee [J Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 Bond No.: SU5025615 Premium: Included in Cost of Performance LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2008-317, adopted December 2, 2008, has awarded to Vadnais Corporation (hereinafter designated as the "Principal"), a Contract for: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 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 subcontractbrs 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, VADNAIS CORPORATION, as Principal, (hereinafter designated as the "Contractor"), and Ar_ch_Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Three Million Six Hundred Sixteen Thousand Five Hundred Dollars ($3,616,500.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 05/01/08 Contract No. 3537 Page 36 of 108 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 10th day of December ( 2008 CONTRACTOR: Vadnais Corporation Executed by SURETY this. of December 9th .day SURETY: Arch Insurance Company 2008 ' /7~ {sign here) Paul ,T . \7arlna i o (print name here) Presj-dent- f Vadnai g ...Corporation arid, organization of signatory) 135 N Los Robles Avenue, Suite 825 Pasadena, CA 91101 (address of Surety) of Surety) / (title Bv: V ] (sign here) Jeff Anderson _ (print name here) Vice President , Vadnais dorp T(title and organization of signatory) iignature of Attorney-in-Fact) inin/Monroe, Attorney-In-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations, if only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seat empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: _ &JLL Deputy City Attorney Revised 05/01/08 Contract No. 3537 Page 37 of 10B Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S&V@3^i£®CK>Q!d£&^W<^^ STATE OF CALIFORNIA County of On DEC; 0 9 2008 Date J ; Melissa A. Lopez, Notary Public1 before me, Here Insert Name and Title of the Officer personally appeared Janina Monroe Name(s) of Signers) MELISSA A. LOPEZ Commission # 1662656 Notary Public - California i Orange County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thetr authorized capacityftes), and that by tos/her/thetf signature^ on the instrument the person(6), or the entity upon behalf of which the personfs)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and officiaj seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Janina MonroeSigner's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General H Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General CI Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 5£&&%S&G®Ge&?^^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • \vww.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Paul Boucher, Susan Thurston, Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwickel of Los Angeles, CA (EACH) its true and lawful AttomeyfsJHn-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order fo bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 2008 . Arch Insurance Company Attested and Certified Martin J. Nilsen, Secretary J. Midhael Pete, Vice Prtfesiden STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OP PENNSYLVANIA CERTIFICATION NOTARIAL SEAL Brian C. Kuhn, Notaiy Public City of Philadelphia, Philadelphia County My commission expires December 06,2011 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company^ do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who- executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. scribed my name and affixjed the corpoi 120 . il of the Arch InsuranceIN TESTIMONY WHEREOF, I have Company on this day Martin J. Nil/e/, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. * PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013000303 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On •Date personally appeared before me,Kellv M- Tfn7.iolHere Insert Name and Title of the Officer Paul J. Vadnais Name(s) of Signer(s) ttUYIHlOBOl CnnmiMkM * 1805779 Notary PHMte f I fapfrH Jrt 3. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Date personally appeared before me, Kelly M. Koziol Here Insert Name and Title of the Officer Jeff Anderson Name(s) of Signer(s) 1805779 3m Dl^io County " * M12012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 Bond No. SU5025615 Premium: $36,165.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2QQ8-317 adopted December 2' 2008 has awarded to vadnais corporation ((hereinafter designated as the "Principal"), a Contract for: NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE. Vadnais Corporation ag p^p^ (hereinafter designated as the "Contractor"), and Arch insurance company , as Surety, are held and firmly bound unto the City of Carlsbad, in the SUm Of Three Million Six Hundred Sixteen Thousand Five Hundred and no/lOOxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx Dollars ($ 3, 616, 500 . 00 \ 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. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 05/01/08 Contract No. 3537 Page 38 of 108 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. 9th Executed by CONTRACTOR this December 10th . day of day of.,20 08 -.20.08 CONTRACTOR: Vadnais Corporation ie of Contractor) Paul J. Vadnais. President (print name here) President Vadnais Corporation (Title and Organization of Signatory) Executed by SURETY this, December SURETY: Arch Insurance Company (name of Surety) 135 N. Los Robles Avenue, Suite 825 Pasadena, CA 91101 (address of Surety) (626)639-5252 (telephone number of Surety) By: (sign here) Jeff ftnderson (print name here) jnature of Attomey-in-Fact) Janina Monroe, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) Vice President Vadnais Corporation (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 05/01/08 Contract No. 3537 Page 39 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County On of w" oec 0 ^ 9 2008 before me,Melissa A.Lopez, J Notary Public Date personally appeared Janina Monroe Here Insert Name and Title of the Officer Name(s) of Signer(s) MELISSA A. LOPf Z Commiiilon * 1562658 Notoiy Public - California i Orang* County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/toey executed the same in hts/her/thetr authorized capacityftes), and that by fe/her/ttte+r signature^ on the instrument the person(6), or the entity upon behalf of which the person(s)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official ^eal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:_ Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Janina MonroeSigner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General H Attorney in Fact n Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s); D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Paul Boucher, Susan Thurston, Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwickel of Los Angeles, CA (EACH) its true and lawful Attomey(s)*in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order fo bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these, presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.". This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. c OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 2008 . Arch Insurance Company Attested and Certified Martin J. Nilsen, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OP PENNSYLVANIA CERTIFICATION NOTARIAL SEAL Brian C. Kuhn, Notaiy Public City of Philadelphia, Philadelphia County My commission expires December 06,2011 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corpoi Company on this day of Q^Q Q Q 2QQg . 20 . y//,r*a£^ I of the Arch Insurance Martin J. Nilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. * PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA91101 OOML0013000303 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On I'Z-/ \7L I Qr^» before me, personally appeared M._ Here Insert Name "arid Title of the Officer Paul J. Vadnais Name(s) of Signer(s) KELLY M. KOZIOL Commltiten * 1805779Nottry Public-CaWornia My Comm. Exfilrat Jut a MI»i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Me Place Notary Seal Above Signatured OPTIONAL • iture of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On \Z^/ll/Q§ before me, Kelly M. Koziol • Date personally appeared Jeff Anderson Here Insert Name and Title of the Officer Name(s) of Signers) KEUVM. KOZIOL ConrntniM * 1805779 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature^../:^ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and VAO/u A I *> CoujyiATt o N _ whose address is 2/3 o ^<4 MI/MM DA. (/i<>7# C/> 71081 _ hereinafter called "Contractor" and TJACiFtc (ues-reK.^ fsfiuk whose address is /) 37. £4* fte&f . CJ 9Z/0I _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 . Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 A I in the amount of 3, fetfc, 500 . Q*> _ dated /t/ZgOf (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Am^ Revised 05/01/08 Contract No. 3537 Page 40 of 108 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Ll id Xf Signature <^?\Q^__^L___ Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title 1/u Name Signature^ Address 2-1 $6 ^ LA- /MfM/)A f>/l For Escrow Agent: Title Name \(B^C<>-vXlSignature _ S, '/" J / £Address />£< £->C Lj^$-+£s* &6 Revised 05/01/08 Contract No. 3537 Page 41 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On \1~l \1_lrfc) before me,» riato Kelly MHere Insert Name and Title of the Officer personally appeared Paul J. Vadnais Name(s) of Signer(s) KtU.YM.KOZIOL Commtokm * 1805779 «..Of Cowm . ExjUfW Jrt 3 a,1» t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Title(s): D D D Corporate Officer • D Partner — D Limited D General Attorney in Fact Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: Title MAYOR Name rive, Carlsbad. CA 92008 Title Name Mt/ Signature Address & For Escrow Agent:Title Name Signature Address /fee' A c. 1/0 1 a 6S u^^. k Revised 05/01/08 Contract No. 3537 Page 42 of 108 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On \L/IV/(?C) before me, Kelly M,'riato 3 HBTBDateHere Insert Name arid Title of the Officer personally appeared Paul J. Vadnais Name(s) of Signer(s) KELLV M. KOZIOL Commiiifon 0 1805779 Httttry PuMIc - CaHfonifi i San DMgo County MComm ElfesJut3. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signatured OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On ll/llVo^ before me, personally appeared Kellv M Here Insert Nameiol! and Tilitle of the Officer Paul J. Vadnais Name(s) of Signer(s) . CommltthMijit«OS779 wwyPuWte-CtHfornta iSan Ofcgo County * Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature <. J^?)UC^\ //), OPTIONAL signature of Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 PACIFIC WESTERN BANK December 10, 2008 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Finance Director Vadnais Corporation 2130LaMiradaDrive Vista, CA 92081 Attn: Paul Vadnais, President Re: Deposit Account No. 1000304202 related to the Optional Escrow Agreement for Security Deposits in Lieu of Retention between the City of Carlsbad (City) and Vadnais Corporation (Contractor) for North Agua Hedionda Interceptor Sewer Replacement Contract No. 3537 in the amount of $3,616,500.00 dated 12/2/08 (Contract) Gentlemen: This letter will confirm that in conjunction with the attached Escrow Agreement referenced above, executed by and among Pacific Western Bank, as "Escrow Agent," the City of Carlsbad, as "City," and Vadnais Corporation, as "Contractor," that the term "securities" shall only mean bank certificates of deposit, interest-bearing demand deposit accounts, or standby letters of credit as a substitute for retention earnings. Accordingly, Pacific Western Bank notifies the addressees above that it will not hold any other eligible securities which may be described in the statutes which govern and/or apply to Escrow Agreement described above. Additionally, any accounts will be subject to the terms and conditions set forth in the Deposit Account Agreement and Disclosure, which are effective from time to time. Should you have any questions or concerns, please feel free to contact the undersigned. Singerely, Robert O. Silides Senior Vice President 619-338-1476 401 West A Street, Suite 200, San Diego, CA 92101-7917 619-233-5588 Fax 619-235-1268 www.Dacificwesternbank.com GENERAL PROVISIONS FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT CONTRACT NO. 3537 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 05/01/08 Contract No. 3537 Page 43 of 108 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Accesshole - Synonymous with "access hole" or "manhole". Agency - The City of Carlsbad, California. Agreement- See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 05/01/08 Contract No. 3537 Page 44 of 108 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 05/01/08 Contract No. 3537 Page 45 of 108 Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 05/01/08 Contract No. 3537 Page 46 of 108 Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 05/01/08 Contract No. 3537 Page 47 of 108 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation Revised 05/01/08 Contract No. 3537 Page 48 of 108 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIF Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 05/01/08 Contract No. 3537 Page 49 of 108 SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR OR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section oRevised 05/01/08 Contract No. 3537 Page 50 of 108 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ...Underwriters' Laboratories Inc. USGS United States Geological Survey A•^ Revised 05/01/08 Contract No. 3537 Page 51 of 108 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (jim) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter(m) 1 mile (mi) „ 1.6093 kilometer (km) 1 square root (ft) 0.0929 square meter (rrr 1 square yard/yd ) 0.8361 square meter(rn 1 cubic foot (ft3). 0.0283 cubic meter (rrg 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (ml) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (-kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/rt) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) o Revised 05/01/08 Contract No. 3537 Page 52 of 108 Common Metric Prefixes kilo(k) ................................................................................................... 103 centi(c) ................................................................................................. 10"? milli(m) ................................................................................................. 10'3 micro (n) ............................................................................................... 10"^ nano(n) ................................................................................................ 10"® pico(p) .................................................................................................. 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line m¥ Revised 05/01/08 Contract No. 3537 Page 53 of 108 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 05/01/08 Contract No. 3537 Page 54 of 108 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Am¥ Revised 05/01/08 Contract No. 3537 Page 55 of 108 The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in 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: An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Am¥ Revised 05/01/08 Contract No. 3537 Page 56 of 108 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of City of Carlsbad Drawing No. 450-9 which consist of 12 sheets The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract and General Provisions 5) Technical Specifications 6) City of Carlsbad Supplemental Provisions. 7) Construction Plans. 8) Standards plans. a) City of Carlsbad 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. 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Revised 05/01/08 Contract No. 3537 Page 57 of 108 12) Projects CEQA Document (Mitigated Negative Declaration) Mitigation Measures -—«s 13) Project Approved SWPPP 14) Supplemental Geotechnical Investigation-Microtunnel Shafts, North Agua Hedionda Interceptor, Terra Costa Consulting Group Inc., July 8, 2007 Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in Section 01300, Submittals. 2-5.3.2 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: /*%1) List of Subcontractors per 2-3.2. St^ 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per Section 03300 and SSPWC "Greenbook" 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints per the requirements of Section 01720, Record Documents. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.ooRevised 05/01/08 Contract No. 3537 Page 58 of 108 The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve 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. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of A•^ Revised 05/01/08 Contract No. 3537 Page 59 of 108 bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. 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 Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal ® Stake Description ® SDRS M-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing®, ® <1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' ^50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at '/«A, YzA & y<A on curb returns & at beginning & end Vertical locations shall be based on the Lateral Spacing <3>, <E> on street centerline at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1 ' Horizontal 0.1 'Vertical* Horizontal 0.1' Horizontal 0.1 'Verticals. Horizontal •V Horizontal & "U" Vertical J/8" Horizontal & V Vertical V Horizontal & "U" Vertical J/8" Horizontal & 74" Vertical Revised 05/01/08 Contract No. 3537 Page 60 of 108 Feature Staked Signal Poles & Controller © Junction Box © Conduit © Minor Structure © Abutment Fill Wall© Major Structure © Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading © Utilities ©, ® Channels, Dikes & Ditches © Signs ® Subsurface Drains ® Overside Drains © Markers ® Railings & Barriers © AC Dikes © Box Culverts Pavement Markers© Stake Description © RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guard 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 Centerline or Parallel to Centerline Spacing®, <£> ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression CD < 50' & along end slopes & conic transitions < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' <, 50' on tangents & curves when Rz 1000' & < 25' on curves when R < 1000' or where grade < 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & <, 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000'. At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves whenR< 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will Lateral Spacing <3>, <S> as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location (s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) V Horizontal & 'AT Vertical V Horizontal & '// Vertical •V Horizontal & when depth cannot be measured from existing pavement AT Vertical 0/8" Horizontal & 'AT Vertical (when vertical data needed) 0.1 'Verticals Horizontal '/41' Horizontal & V4" Vertical ^a" Horizontal & 'At" Vertical V Horizontal & V Vertical 0.1 'Vertical* Horizontal V Horizontal & V Vertical 0.1' Horizontal* 'AT Vertical 0.1 'Vertical* Horizontal 0.1 'Horizontals V Vertical 0.1' Horizontal & V Vertical 'AT Horizontal V Horizontal & Vertical 0.1 'Horizontal & Vertical V Horizontal & 'AT Vertical 'At" Horizontal Revised 05/01/08 Contract No. 3537 Page 61 of 108 Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® suffice Lateral Spacing <3>, ® Setting Tolerance (Within) © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & 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(6) TABLE 2-9.2.2(6) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final 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, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. Revised 05/01/08 Contract No. 3537 Page 62 of 108 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 05/01/08 Contract No. 3537 Page 63 of 108 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. m¥ Revised 05/01/08 Contract No. 3537 Page 64 of 108 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments per Specification 01301. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. •^ Revised 05/01/08 Contract No. 3537 Page 65 of 108 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. Revised 05/01/08 Contract No. 3537 Page 66 of 108 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 05/01/08 Contract No. 3537 Page 67 of 108 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 05/01/08 Contract No. 3537 Page 68 of 108 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response toJnVCtfyy proposed final estimate in order for it to be further considered." By: S[/flM/f // (/flJWW'W' Title: Paul J. Vadnais, President Date: Company Name: Vadnais Corporation The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. A•^ Revised 05/01/08 Contract No. 3537 Page 69 of 108 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (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)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. Revised 05/01/08 Contract No. 3537 Page 70 of 108 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On \2,/O /08 before me, ' personally appeared Kell y M. KPT:-jol Here Insert Name and Tiitle of the Officer Paul J. Vadnais Name(s) of Signer(s) KELLY M.KOZIOL | Commfetfen * 1B06778 I Notary PufcHc • CaHtomti i San 01*90 County * My Conm ExpknJul 3.20121 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature^ OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fWs form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. Revised 05/01/08 Contract No. 3537 Page 71 of 108 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Revised 05/01/08 Contract No. 3537 Page 72 of 108 Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. A•^ Revised 05/01/08 Contract No. 3537 Page 73 of 108 Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. Revised 05/01/08 Contract No. 3537 Page 74 of 108 The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request Revised 05/01/08 Contract No. 3537 Page 75 of 108 notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 05/01/08 Contract No. 3537 Page 76 of 108 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 05/01/08 Contract No. 3537 Page 77 of 108 Where concrete is used for backfill or for structures which would result in embedment, or partial ,—»,, embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 05/01/08 Contract No. 3537 Page 78 of 108 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. A•^ Revised 05/01/08 Contract No. 3537 Page 79 of 108 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Contractor shall refer to Technical Specification 01039 for requirements of the pre-construction meetings and subsequent project meetings. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. A•^ Revised 05/01/08 Contract No. 3537 Page 80 of 108 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD- ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera program the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Revised 05/01/08 Contract No. 3537 Page 81 of 108 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. oRevised 05/01/08 Contract No. 3537 Page 82 of 108 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. A•^ Revised 05/01/08 Contract No. 3537 Page 83 of 108 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of fifteen thousand dollars ($15,000). The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per Sections 6-1.8.1 through 6-1.8.3. 6-1.8.1 Initial Payment. Four thousand five hundred dollars ($4,500.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand two hundred fifty dollars ($1,250.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. Revised 05/01/08 Contract No. 3537 Page 84 of 108 -*-•. 6-1.8.3 Concluding Payment. A Final payment of three thousand dollars ($3,000.00) for the ^ Construction Schedule will be made when both one hundred percent of the contract work is """""' completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes but is not limited to the installation of 1,821 lineal feet of 42-inch diameter steel casing pipe with 24-inch fused HOPE carrier pipeline by microtunneling construction; the construction of 436- lineal feet of 24-inch diameter sewer pipeline with conventional open trench construction along with 11 new manholes and rehabilitation of 4 existing manholes along with the management of continual wastewater flow with the design, installation and implementation of a wastewater bypass plan and the replacement and or repair of public infrastructure and private improvements impacted by the construction of the sewer. 6-2.2 Weekend Work and Extended Working Hours. Weekend work and extended hours will be necessary to complete the work within this contract safely and efficiently. Requirements of working hours and extended working hours are specified in Section 6-7.2. 6-2.3 Environmental Restrictions. The project work area is adjacent to environmentally sensitive habitat. The Contractor is required to comply wit the requirements for environmental mitigation and monitoring specified in Section 7-5. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Contractor shall comply with Technical Specification Section 01039, Coordination and Meetings. Revised 05/01/08 Contract No. 3537 Page 85 of 108 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. Revised 05/01/08 Contract No. 3537 Page 86 of 108 The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. Revised 05/01/08 Contract No. 3537 Page 87 of 108 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 250 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Work conducted within the bird breeding season, February 15 through August 31 shall be conducted in compliance with the mitigation measures for sensitive wildlife species stipulated in the this projects CEQA document, See Appendix C. 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. Contractor is hereby advised that the Engineer will require extended hours and weekend work on an interim basis to accomplish microtunneling activities as required. Wastewater bypass work and work directly and indirectly impacted by wastewater flow will require extended working hours. Revised 05/01/08 Contract No. 3537 Page 88 of 108 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1,000). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand dollars ($1,000) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. Revised 05/01/08 Contract No. 3537 Page 89 of 108 In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. Revised 05/01/08 Contract No. 3537 Page 90 of 108 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix "C" of these supplemental provisions. Resource agency permits pertaining to this project include: 1) California Coastal Commission permit number 6-07-092 Notice of Acceptance 8/12/08. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. A•^ Revised 05/01/08 Contract No. 3537 Page 91 of 108 In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-7.2 Existing Sewer Connections. Contractor shall coordinate the reconnection of all existing sewer services in order to prevent any sewer service interruption. No portion of the existing sewer shall be abandoned until an adequate means of service has been provided to those buildings that are currently connected.. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Revised 05/01/08 Contract No. 3537 Page 92 of 108 Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. Revised 05/01/08 Contract No. 3537 Page 93 of 108 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2003-0007-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000005, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Small Linear Underground/Overhead Construction Projects (LUP) (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Project is categorized as a Tier II LUP. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and Regional Water Quality Control Board per Section 02372 which shall be included as part of the contract price bid and payment shall be provided in accordance to Section 01301, Schedule of Values. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Noise from Contractors operations shall not exceed limits of applicable laws and regulations. The Contractor shall also comply with noise mitigation measures prescribed in the Project's CEQA document: Mitigated Negative Declaration- EIA 07-01 . See CEQA mitigation and monitoring measures in Appendix C. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in inish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in confbrmance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. Revised 05/01/08 Contract No. 3537 Page 94 of 108 The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Revised 05/01/08 Contract No. 3537 Page 95 of 108 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The Contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 3 Revised 05/01/08 Contract No. 3537 Page 96 of 108 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 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. 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 Revised 05/01/08 Contract No. 3537 Page 97 of 108 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 C ALT RAN S "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (61), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment, the 2' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, 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 1 paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 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. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 3 Revised 05/01/08 Contract No. 3537 Page 98 of 108 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 the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes 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. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such 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. Revised 05/01/08 Contract No. 3537 Page 99 of 108 7-10.3.7 Payment. """^ The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. Contractor shall anticipate a tunnel classification of "potentially gassy" by the California Division of Occupational Safety and Health, Mining and Tunneling. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. If Tunnel Classification is not included with this <""^, _j7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the ^"^ Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. ^\ Revised 05/01/08 Contract No. 3537 Page 100 of 108 Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Revised 05/01/08 Contract No. 3537 Page 101 of 108 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. o Revised 05/01/08 Contract No. 3537 Page 102 of 108 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "B" Field Office. Contractor shall furnish the Engineer a "Class B" Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. This office shall have a minimum floor space of 600 ft2. All doors and windows shall be provided with screens. Furniture shall be provided as follows: one plan table, one standard 5 feet long double-pedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack. Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed. Heating and sufficient ventilation shall be provided at no expense to the Agency. The Contractor shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a chemical toilet facility adjacent to the office. Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension cord to serve the plan table and desk. Additionally the "Class B" Field Office shall be provided with: one (1) additional standard 5' double pedestal desk with two chairs, one (1) Dell 1600n Multifunctional Printer, or equal, one (1) refrigerator, one (1) microwave oven, and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION Revised 05/01/08 Contract No. 3537 Page 103 of 108 8-3 FIELD LABORATORIES (NOT USED) 8-4 BATHHOUSE FACILITIES (NOT USED) 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. oRevised 05/01/08 Contract No. 3537 Page 104 of 108 As required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. Contractor shall comply with the process described in Technical Specification Section 01301, Schedule of Values. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." Revised 05/01/08 Contract No. 3537 Page 105 of 108 If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. Revised 05/01/08 Contract No. 3537 Page 106 of 108 After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. Am¥ Revised 05/01/08 Contract No. 3537 Page 107 of 108 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid scheduleEand 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 therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 05/01/08 Contract No. 3537 Page 108 of 108