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HomeMy WebLinkAboutZondiros Corp; 2004-02-06; PWS04-09ENGRecording requested by: ) ) CITY OF CARLSBAD ) 1 When recorded mail to: 1 1 City Clerk ) City of Carlsbad ) 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 DOC # 2OO4-O98O128 I 1lll1111 Ill 11111111111111111111111111111111l11 I1111 111ll111ll1111 llll OCT 15,2004 8:29 AM OFFICIAL RECORDS SAN DlEGU CUUNTY RECORDER'S OFFICE GREGURY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 1 I 111111 HI11 Ill11 1111 11111 Ill11 1111 lllll Ylll1111 Ill11 1111 Ill11 0111 Ill1 1111 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on June 21, 2004. The name of the contractor for such work of improvement is Zondiros Corporation. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Avenida Encinas Sewer Rehabilitation, Project No. 3451. CITY OF CARLSBAD I {ow GLENN PRUh U Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2004, accepted the California, 92008. The City Council of said City on October 5 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 October 7 , 2004, at Carlsbad, California. w &Rl$AINE M. WOOD c CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PRQVISIONS AVENIDA EN s ER REHAB1 CONTI<ACT NO. 3452 PWSQ 4- 0 9 EN \7 TABLE OF CONTENTS Notice Inviting Bids ........................................................................................................................ 6 Item Pane . & Contractor’s Proposal .................................................................................................................... 10 Bid Security Form .......................................................................................................................... 16 Bidder’s Bond To Accompany Proposal ....................................................................................... 17 Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work” Forms .......................................................................................................................... 19 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 21 Designation Of Owner OperatodLessor and Amount Of Owner OperatodLessor Work ............ 22 Bidder’s Statement Of Financial Responsibility ............................................................................ 23 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 Of 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 PerformanceNVarranty Bond ........................................................................................... 38 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 40 . Revised 7/29/02 Contract No . 3451 Page 2 of 85 SUPPLEMENTAL PROVISIONS - Part 1 General Provisions Section 1 1-1 1-2 1-3 Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... Definitions ............................................................................................................. Abbreviations ........................................................................................................ 43 43 44 Section 2 2-3 2-4 2-5 2-9 2-1 0 Scope And Control Of The Work Contract Bonds ..................................................................................................... Plans And Specifications ...................................................................................... Surveying .............................................................................................................. Authority Of Board And Engineer ......................................................................... Subcontracts ......................................................................................................... 45 45 46 47 50 Section 3 3-2 3-3 3-4 3-5 Changes In Work Changes Initiated by the Agency .......................................................................... Extra Work ............................................................................................................ Changed Conditions ............................................................................................. Disputed Work ...................................................................................................... 51 51 51 52 Section 4 4-1 4-2 Control Of Materials Materials And W orkmanship ................................................................................. Materials Transportation. Handling and Storage .................................................. 55 56 . Section 5 5- 1 5-4 Utilities Location ................................................................................................................. Relocation ............................................................................................................. 57 57 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Prosecution. Progress And Acceptance Of The Work ......................................... Construction Schedule And Commencement Of Work ........................................ Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ........................................................................... Time of Completion ............................................................................................... Completion And Acceptance ................................................................................ Liquidated Damages ............................................................................................. 57 57 57 57 57 58 58 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Responsibilities Of The Contractor Liability Insurance ................................ : ................................................................ Workers' Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... 58 58 59 59 59 60 65 Section 9 9- 1 9-3 Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 65 65 @ Revised 7/29/02 Contract No . 3451 Page3of 85 Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ..................................................................................... 68 . Section 201 Concrete. Mortar And Related Materials 201 -1 Portland Cement Concrete .................................................................................. 68 Section 203 Bituminous Materials 203-6 203-1 1 203-1 3 Asphalt Concrete .................................................................................................. Asphalt Pavement Crack Sealants ....................................................................... Asphalt Rubber Hot Mix (ARHM) Wet Process .................................................... 68 70 70 Section 207 207-1 7 Pipe PVC Plastic Pipe ................................................................................................... 71 Section 21 0 21 0-1 Paint And Protective Coatings Paint ...................................................................................................................... 71 Section 214 21 4-5 Pavement Markers Reflective Pavement Markers ............................................................................... 72 Construction Methods PART 3 Section 300 300-1 300-2 300-3 300-4 . Earthwork Clearing And Grubbing ........................................................................................ Unclassified Excavation ........................................................................................ Structure Excavation And Backfill ......................................................................... Unclassified Fill ..................................................................................................... 74 74 74 74 Treated Soil. Subgrade Preparation And Placement Of Base Materials Subgrade Preparation ........................................................................................... Section 301 301 -1 75 Roadway Surfacing Asphalt Concrete Pavement ................................................................................. Asphalt Pavement Repairs And Remediation ...................................................... Concrete And Masonry Construction . Air-Placed Concrete .............................................................................................. Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ............................................................................ Section 302 302-5 302-1 1 75 76 Section 303 303-2 303-5 78 78 Section 306 306-1 Underground Conduit Construction Open Trench Operations ...................................................................................... 78 Section 31 0 31 0-5 Painting Painting Various Surfaces ................................................................................... 79 Section 31 2 31 2-1 31 2-4 Pavement Marker Placement And Removal Placement ............................................................................................................. Measurement and Payment .................................................................................. 80 80 Section 31 3 31 3-1 . 31 3-2 31 3-3 31 3-4 Temporary Traffic Control Devices Temporary Traffic Pavement Markers .................................................................. Temporary Railing (Type K) And Crash Cushions .............................................. Temporary Traffic Signing ................................................................................... Measurement And Payment ................................................................................. 81 81 82 83 @ Revised 7/29/02 Contract No . 3451 Page 4 of 85 Part 5 System Rehabilitation Section 500 Pipeline 500-1.2.4 Sewer Bypassing and Dewatering ........................................................................ 84 APPENDIX A - Resident Notification Example APPENDIX B - Standard Drawings and Details APPENDIX C - Caltrans Permit 7 APPENDIX D - WPCP TECHNICAL SPECIFICATIONS SECTION 03460 PRECAST CONCRETE MANHOLES SECTION 03475 SECTION 06652 FIBERGLASS MANHOLE INSTALLATION PVC LINING FOR INTERIOR SURFACE OF MANHOLES @ Revised 7/29/02 Contract No. 3451 Page5of 85 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO p.m., on October 9, 2003, 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: Removal and replacement of 3 access holes, airline installation, ARHM overlay, raising access holes, striping, and landscaping. Two access holes will be replaced with PVC lined access holes. One access hole will be replaced with a fiberglass access hole. CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT This bid and the terms of the Contract Documents and Supplemental 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. The work shall be performed in strict conformity with the plans 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 the Standard Specifications for Public Works Construction, 2003 Edition, and the 2003 supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. - The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. e= r.4 Revised 7/29/02 Contract No. 3451 Page 6 of 85 The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: - 1. 2. 3. 4. 5. 6. Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid Designation of Owner OperatorlLessor & Amount of Owner Operator/Lessor Work Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $184,324. 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 non-responsive 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: If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, 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 $36.00 (thirty-six dollars) per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, 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. 4iw \$ Revised 7/29/02 Contract No. 3451 Page 7 of 85 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. - The 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 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. 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. I All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1. One hundred percent (I 00%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2. Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3. Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: - 43 Revised 7/29/02 Contract No. 3451 Page 8 of 85 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1. Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1. Meet the conditions stated above for all insurance companies. 2. Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto'' and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2003-215, adopted on the 12'h day of August, 2003. DATED: AUGUST 22,2003 DEPUTY CITY CLERK Publish: August 28, 2003 em \$ Revised 7/29/02 Contract No. 3451 Page 9 of 85 CITY OF CARLSBAD CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT CONTRACTOR’S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares heishe has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3451 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: - _- Item - No. DescriDtion 1 Mobilization at - M- THOU- Dollars (Lump Sum) 9- t@h) Traffic Control at . HOdJW3 Dollars (Lump Sum) Clearing and Grubbing at 7-W&W+ P13Y -M.IMb)2e~ Dollars (Lump Sum) Erosion Control PI IcTpuu - N.Imnem Dollars (Lump Sum) Bypass Access holes at Dollars Each DWY - RIVP. .4oh)bt@~ Remove Existing Concrete Access hole at er Ub - 7HmAND Dollars Each Approximate Quantity and Unit 1 LS 1 LS 1 LS 1 LS 3 EA 3 EA Unit - Price c9 Total - I *- w- la1 0 be. - fejw 0. e lo, 000. - ZI soo. - -- !, 500.’ I, roo, - Revised 7/29/02 - Contract No. 3451 Page 10 of 85 -- I _- c Approximate Item Quantity Unit - No. DescriDtion and Unit Price - Total 7 Install T-Lock Lined Conc. Access hole 2 EA /!.ooo@~ 22! mo* RUN - rNatAA?4_0 Dollars Each 8 Install New Fiberglass Access hole at Dollars Each TEN - WWJA&b 1 EA 144 Fr Dollars per Linear Foot 10 Remove and Replace Chain Link Fence 30 LF at TMIm,Y Dollars per Linear Foot 11 Landscaping at ~WUA -7iiaXm b Dollars (Lump Sum) 1 LS 12 Cold Mill, 10-feet wide 715 LF /F 'tk PI 1 Dollars per Linear Foot 13 Cold Mill, 5-feet wide 7-L? M Dollars per Linear Foot 14 Asphalt Rubber Hot Mix (ARHM) Overlay at Dollars per Ton Full Raise of Sewer Access hole at Dollars Each oMo - NLIESbnm 15 OM# L 16 Full Raise of Valve Boxes, Monument Boxes, etc., at Dollars Each - c 7-M OvSAaJ 0 17 Install Blue Fire Hydrant Markers at Dollars Each - M 3NbR90 715 LF )o,a 00, - 1o,uoo, - 30 9ca -- 200 TONS loo.- 2arooo. - 3 EA 1 EA 2EA io0 Loa, - @ Revised 7/29/02 Contract No. 3451 Page 11 of 85 L- -- I Item - No. Descriotion Approximate Quantity Unit and Unit - Price - Total 18 Paint 4" White Lane Line per CalTrans 622 LF t 4L44. - Detail 12 at TU0 Dollars per Linear Foot Paint 6" White Bike Lane Line per CalTrans Detail 39 at IrL~9- - 433 LF 3 19 7~4~1 e Dollars per Linear Foot Line Der CalTrans Detail 39A at 20 Paint 6" White Bike Lane Intersection 200 LF 3 4 Q@ ' Tb/ RE R Dollars per Linear Foot Paint "BIKE LANE" Pavement Legend and Arrow at 21 j=@t MWDnan Dollars Each 22 Paint "SIGNAL AHEAD" Pavement Dollars Each H Total amount of bid in numbers for Schedule "A: $ . ! 7 9, ! ! 8 The basis of award will be the amount of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. hadhave been received and idare included in this 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 - ~~~~~D~~T~~s~~~~~~~~~~~ award of the contract to the second or third lowes bidder may be forfeited. @ Revised 7/29/02 Contract NO%& I- - 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 768 , classification A. which expires on 7-21-05" , 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 9 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. Public Contract Code 5 201 04. 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. BOND (Cash, Certified Check, I Accompanying this proposal is 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. @ Revised 7/29/02 - Contract No. 3451 Page 13 of 85 License Detail California Home Page 1 of 2 Monday, October 20,2003 CALIFORNIA CONTRACTORS STATE LIC ENSE BOARD License Detail Contractor License ## 766708 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. are disclosed. the arbit ration. onto the Board's license data base. Per B&P 7071.1 7, only construction related civil judgments known to the CSLB Arbitrations are not listed unless the contractor fails to comply with the terms of Due to workload, there may be relevant information that has not yet been entered Extract Date: 10/20/2003 * * * Business Information * * * ZONDIROS CORPORATION 2401 208TH STREET STE C8 TORRANCE, CA 90501 Business Phone Number: (31 0) 320-2558 Entity: Corporation Issue Date: 07/30/1999 Expire Date: 07/31/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Description GENERAL ENGINEERING CONTRACTOR GENERAL BUILDING CONTRACTOR * * * Certifications * * * Ini 11 10/20/2003 License Detail Page 2 of 2 IIcert II DescriPtion 1 IIHIC IlHOME IMPROVEMENT CERTlFlCATlONll * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number LFO111494 in the amount of $7,500 with the bonding company X L SPECIALTY INSURANCE COMPANY. Effective Date: 06/23/1999 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) THOMAS JAMES ZONDIROS certified that he/she owns 10 percent or more of the voting stocWequity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/30/1999 BOND OF QUALIFYING INDIVIDUAL(2): This license filed Bond of Qualifying Individual number 1050962 for CRAIG WILLIAM BARRY in the amount of $7,500 with the bonding company X L SPECIALTY INSURANCE COMPANY. Effective Date: 11/27/2002 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1567448 Effective Date: 10/01/2002 Expire Date: 10/01/2004 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2003 State of California. Conditions of Use Privacy Policy 10/20/2003 Personnel List Page 1 of 1 California Home Mondav. October 20.2003 Contractor License # 766708 Click on the person's name to see a more detailed page of information on that person. Name Title Association Disassociation More Date Date 'lass Class JAMES RMO/CEO/PRES 07/30/1999 ZOND I ROS CRAIG WILLIAM BARRY RME 06/18/2003 A More B More License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request 0 2003 State of California. Conditions ocUfLJ Privacy Policy http ://ww w2 .c slb . c a. gov/CSLB-LIBRARY/Personnel+Li s t . asp?LicNum=76670 8 10/20/2003 IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) ZipCode Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted 20Wb tW.S GRP4 Impress Corporate Seal here (3) Incorporated under the laws of the State of CeLI F O@P/J/A (4) Place of Business 183 .b /A MONO ST=, STIE. /bZ (Street and Number) ’ City and State mcos CA (5) Zip Code 92.0 6 9 Telephone No. (Z60)5B-6?47 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED @ Revised 7/29/02 Contract No. 3451 Page 14 of 85 I -. .- __- . List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: @ Revised 7/29/02 Contract No. 3451 Page 15 of 85 CERTIFICATE OF ACKNOWLEDGEMENT } ss. State of California Countyof cL p ;ear3 before me, Wendy Barry, Notary Public, personally personally known to me (or proved evidence) to be the person@) whose name@) is/= subscribed to the within instrument and acknowledged to me that he/sl+eAhey executed the same in his/- authorized capacity(*, and that by hishdthek signature@) on the instrument the person@, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. (NOTARY SEAL) NOTARY SIGNATURE BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT (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 ($ )I 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.) _-- Revised 7/29/02 Contract No. 3451 Page 16 of 85 BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRAC7 NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT KNOW ALL PERSONSBY THESE PRESENTS: That we, ZONOIROS CORPORATION , as Principal, and XL SPECIALTY INS.UA@ICF Y as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount 8s fOllOWS: (must be at kmst ten percent (1 0%) of the bid amount) TEN PERCENT OF B.10 AMOUNT 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: AVENIDA ENCINAS SEWER REHABILITATION PROJECT CONTRACT NO. 5451 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, baing 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 7/29/02 Contract No. 3451 Page 17 of 85 .* - 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 2NO day Of OCTOBER ,20 03 . PRINCIPAL: Executed by SURETY this ... 2ND day Of OCTOBER ,20 03 . SURETY: ZONOIROS CORPORATION XL SPECIALTY INSRUANCE COMPANY L /Jname *L of Principal) (name of Surety) 25 INDEPENOENCE BLVD. By: WARREN NEW JERSEY 07059 (address of Surety) ' (BOO) 394-3909 (prlnt name here)/ (telephone number of Surety) v'cce P~Slbmr (Title and Organization of Signatory) By: B (sign here) (signature of Attorney-in-Fact) JULIA 8. LEONARD, ATTORNEY-IN-FACT - (print name here) (print name of Attorney-in-Fact) (title and organization of signatory) (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 carporate 6881 empowering that officer to bind the corporation,) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney 1' y%7/7 e Revised 7/29/02 Contract No. 3451 Page 18 of 85 ... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA - ;ounty of RIVERSIDE On OCT 0 2 2003 before me, S.L. KYSETH, NOTARY PUBLIC I Name and Title of Offker (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT I [XI personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person@) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey 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. Name(s) of Signer@) Notuy PUW - c -------------------------------OPT/ONAL------------------------------ 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: 0 Individual 0 Corporate Officer Titles(s): Partner-[7 Limited [7 General Attorney-in-Fact Trustee Guardian or Conservator c] Other: Signer Is Representing: I I I I BD-1133 09/00 I Signer's Name: [7 Individual Corporate Officer 0 Title(s): 0 Partner-0 Limited 0 General n Attorney-in-Fact Trustee 0 Guardian or Conservator Other: Signer Is Representing: I I I I CERTIFICATE OF ACKNOWLEDGEMENT U } ss. me, Wendy Barry, Notary Public, personally personally known to me (or proved to be the person(+ whose name*) idwe subscribed to the within instrument and acknowledged to me that he/&&hcy executed the same in his/* authorized capacity(+e$, and that by hislkerkkeir signature@ on the instrument the persone or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. (NOTARY SEAL) NOTW SIGNATURE WENDY BARRY COMM. #1394406 NOTARY PUBUCCAUFORNIA SE P'fZESENTS: That the or "Coxporation"), does h Leonard as employees of Inland Sur@ Bonds & Insurance &rv&es, its true and lawful Attamey(s)-m-fact to make, execute, attest, seal and deliver fa and on its behalf, as surety, and as its act and deed, where required, any & aE bonds, undertakings, recogrrizatlces and written obligations in the natw therrxlf, the penat sum of no one of which is in any event to exceed !$mMIm. any as fully and to the of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and &e Seal oftbe Cornparry maybe affixed to ii%ty such Rwer of A-ey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and ompany with respect to any bond, undmtaking 1~ er this Power of Attorney may be executed under facsi y on August 6,200 1. t the signature of the President of this Company, and the seal of recognizances, or other written obligations thereof, on any revocation of any Power of Attomey, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signa- or facsimile seal shall be valid and binding upon the Coption." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its cowrate seal to be hereunto affnted, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. STATE OF lLkswOIS XL SPECIALTY INSURANCE COMPANY BY: FaESfDENT Attest: COUNTY OF COOK ss . On this 6th day of August, 2001, before me personally came Nicholas AI. Brown, Jr. to me known, who, being duly swom, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal ofsaid Company, that the seat affixed to the aforesaid instrument is such carporate seal and was affixed thereto by order and authority of the Board of Directors ofsaid Company; and that he executed the said instrument by like order and authority: NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that f have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 2ND day of OCTOBER ,20A. SECRETARY Company Profile Page 1 of 2 Company Profile n XL SPECIALTY INSURANCE COMPANY 1201 N. MARKET STREET, SUITE 501 WILMINGTON, DE 19801 800-394-3909 Former Names for Company Old Name: INTERCARGO INSURANCE COMPANY Effective Date: 08-04-2000 Old Name: INTERNATIoNAL AND INSURANCE Effective Date: 06-22-1994 Agent for Service of Process ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Anent for Service of Process? Reference Information NAIC #: 37885 NAIC Group #: 1285 Date authorized in California: License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS California Company ID #: 3236-7 March 23,1990 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 BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE http://cdinswww.insurance.ca.gov/pls/wu_co~prof/idb_co_prof_utl.get_co_prof?p~EID=6 ... 10/20/2003 Company Profile .- LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSnTIOE ~. . ~ Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - October 16,2003 01% PM Copyright Q California Department of Insurance Disclaimer Page 2 of 2 http://cdinswww.insurance.ca.gov/pls/wu_co~prof/idb~co~prof~utl.get_co~prof?p_EID=6 ... 10/20/2003 _- GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner OperatodLessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC, 2000 Edition, and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms 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 owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner OperatodLessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who 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 ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms 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. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. _- When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or I' Amount of Owner OperatodLessor Bid Item Including Owner OperatodLessor's Overhead & Profit 'I unless the dollar amount of all work performed by any Subcontractor or Owner OperatodLessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner OperatodLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner OperatodLessor installs to compute the amount of work so installed. - - Revised 7/29/02 Contract No. 3451 Page 19 of 85 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, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor 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 or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. I When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. 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. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. - Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of - the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. @ Revised 7/29/02 Contract No. 3451 Page20of 85 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($1 0,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: ? PRltE-M 7 Subcontractor's Location of Business p 0 d f939 Street Address *Subcontractor's Telephone Number including Area Code:(7 Go_) 73 7 8 sdo 4%s$S C-4' L I *Subcontractor's California State Contractors License No. and Classification *Subcontractor's Carlsbad Business License No.: -- e ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 11 through 13, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 1 1 through 13, inclusive. pages of this Subcontractor Designation form - * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitina Bids." - e Revised 7/29/02 Contract No. 3451 Page21 of 85 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner OperatodLessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner OperatodLessor Name: Owner Operator/Lessor Location of Business Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: *Owner Operator/Lessor City of Carlsbad Business License No.: - OWNER OPERATOWLESSOR WORK ITEMS I - Explanation: Column 1 - Bid Item No. from the bid proposal, pages 11 through 13, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 1 1 through 13, inclusive. Page of pages of this Owner Operator/Lessor form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." .- - - Revised 7/29/02 Contract No. 3451 Page22of 85 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. I- Revised 7/29/02 Contract No. 3451 Page23of 85 BIDDER'S STATEMENT OF c TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT The Bidder is required to state what work of a similar character to that included in the proposed Contract heishe has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. Name and Phone No. of Person Name and Address @ Revised 7/29/02 Contract No. 3451 Page24of 85 ZONDIROS coRPomarioN License #766708A 2401 08th ST. Suite C8 Torrance, CA 90501 Phone 31 0-320-2558 FAX 31 0-320-2664 David McBride Senior Engineer Storm Drain 36” RCP City of Rancho Palos Verdes Currently at City of Oceanside Completed 12/98 REFERENCES Project value $21 4,000 760-435-5097 Miguel Hernandez Engineer City of West Covina 626-8 1 4-8425 Slope Repair project Project value $80,000 Completed 1 1 /98 Greg Weiss Senior Inspector 626-458-31 22 Robotic Pipe Repair Ben Oroomchi Senior Civil Engineer 81 8-896-0594 L. A. County Dept. of Public Works Project value $339,000 Completed 5/99 David Wu Engineer City of Palmdale 805-267-8425 Earth Drainage channel Project value $1 9,000 Completed 1 1 /98 - Tony Gridillas Treatment plant Improvements Inspector Project value $82,000 Lake Arrowhead Community Services District Completed 12/98 909-337-8555 Lake Arrowhead Community Services District Tony Gridillas Inspector 909-337-8555 Completed 9/99 Sewer Rehab 8” C-900 Project value $1 50,000 Lake Arrowhead Community Service District A.C. Storage Site Tony Gridillas Inspector Project value $1 10,000 909-337-8555 Completed 10/99 John Reagan Senior Inspector Various channel repair Los Angeles County Dept. of Public Works Project value $31 0,000 626-358-31 22 Complete 1 /2000 Orange County Flood Control Vince Gonzales Senior Inspector 66 1-274-0753 Concrete channel Project Value $98,000 Completed 9/99 Los Angeles County Dept. of Public Works Callabasas Project Robotic Pipe Repair Project Value $ 100,000 I Ben Oroomchi 8 18-896-0594 Completed 12/99 lggy Ruiz 562-861 -03 1 6 Page 1 REFER EN C ES City of Rolling Hills Estates Sam Wise 3 1 0-377- 1 577 City of Simi Valley Terry Curson 805-583-6804 City of Rolling Hills Estates Andy Clark JV with Peninsula Landscaping 31 0-377-1 577 City of San Diego Mike Bedard 6 1 9-654-41 54 City of Culver City Alan Bratvedt CDM Consulting - 3 1 0-329-0 1 02 City of Compton Design/Build I ke Ma belu 3 1 0-644-6868 Kern Water Agency Martin Varga Project Engineer 66 1 -634- 1 448 City of Montebello Dennis Conte 323-887-4625 LA County Dept. of Public Works Bob Duramus 3 1 0-864- 1 984 Caltrans Mike Garrett 559-445-6356 12” Storm Drain 62 Strawberry Lane Project Value $40,000 Completed 12/99 4” Drain Line Casarin Ave Well Drain Project Value $60,000 Completed 2/2000 Median Landscape Project value $525,000 Completed 10/2000 Robotic pipe repair Project value $450,000 In progress 8” Sewer Main Project Value $1 92,000 Completed 10/2000 Bus Shelters $206,000 Completed 3-01 -01 54” Storm Drain $87,800 Completed 1 /01 Bus Shelters $ 157,000 Completed 6/01 Sewer Line $400,000 Completed 1 /02 Landscaping $252,000 Completed 10/01 Page 2 REFERENCES City of Torrance Diane Caseltine 310-781-7151 Jon Landis 31 0-781 -71 40 California State Parks Jeff Brown 6 1 9-688-6492 City of West Hollywood Kieth Williams 323-848-6377 California State Parks Harry Miller 61 9-220-5357 LA County Depart. Of Public Works Rubin 626-458-4947 City of San Diego Nariman Khomamizadeh 3 1 0-627-3286 City of San Diego Danny Schrotberger 6 1 9-533-3778 City of San Diego Samir Abu-Quad 858-627-3268 San Diego Unified School District Doug Jacobson 619-701-1541 San Diego Unified School District Doug Jacobson 6 1 9-70 1 - 1 54 1 City of San Diego Anton Handal 6 1 9-203-9743 Veterens Memorial Project $ 160,000 Completed 3/2002 Cornfield Information Site $245,000 Completed 1 1 /2002 La Cienaga Sewer $ 185,000 Completed 8/02 Topanga Park Demolition $367,000 Completed 5/03 Debris Basin Landscaping $ 160,000 Completed 5/03 Mission Beach Sewer $260,000 Completed 2/03 La Jolla Cove Stairs $260,000 Completed 4/03 Harbor Drive Sewer $309,000 Completed 4/03 Water Line $ 120,000 Completed 4/03 Landscape Irrigation $29 7,000 Completed 7/03 25th St. Pedestrian Improvements $1 53,000 Completed 6/03 r- City of San Diego Mark Spears 6 1 9-980-6 1 50 Olivenhain Municipal Water District George Briest 760-632-4640 Kurtz and Smith St. Sewer Main $1 80,000 Completed 7/03 Sun Dieguito Road Water Main $200,000 . -. BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 7/29/02 Contract No. 3451 Page25of 85 1 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 111 912004 PRODUCER (805) 987-9727 Rmwn & Brown Insurance I MFC&V Insurance Services Lmarillo, CA 9301 1-281 5 Box 281 5 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. INSURED Zondiros Corporation 2401 208th Street Torrance, CA 90501 INSURERS AFFORDING COVERAGE NAlC # INSURER B Liberty Insurance Underwriters INSURERA StarNet Insurance Company ,fq / P4L.k INSURER C INSURER D If yes. describe under SPECIAL PROVISIONS below OTHER TYPE OF I&UWNcF INSR ADDL LTR NSRC GENERAL LIABILITY - A X X COMMERCIAL GENERAL LIABILIN CLAIMS MADE OCCUR I DESCRlPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSE See attached page. POLICY NUMBER 2SMCC3CG1003404 POLICY EFFECTIVE - A - 11/4/2003 I GENL AGGREGATE LIMIT APPLIES PER. XI n E- T n LOC AUTOMOBILE LIABILITY 7 x ANYAUTO 2SMCC4BAU037704 - ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 7 - _. 1 I1 812004 7 GARAGE LIABILITY ANY AUTO ~ - 1213012003 AUTO ONLY - EAACCIDENT iNT I SPECIAL PROV $ 'OLICY EXPlRATlOh DATE(MMIDDMYI 111412004 - ' EXCESWJMBRELLA LIABILITY B OCCUR [? CLAIMS MADE LQ1 B71181384013 DEDUCTIBLE RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? 1 11 812005 WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 411 512004 $ $ $ $ S ONS COMBINED SINGLE LIMIT 1 ,ooo,oo BODILY INJURY (Per parson) BODILY INJURY (Per accident) PROPERN DAMAGE (Per accident) AUTO ONLY: EACHOCCURRENCE 5,000,OO AGGREGATE 5,000,OO i I I I CERTIFICATE HOLDER CANCELLATION City of Carlsbad Purchasing Department 1635 Faraday Avenue 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 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY KIND UPON THE INSURER, ITS AGENTS OR REPRESwflVES. 1" //4Lwm ACORD 25 (2001108) 0 ACORD CORPORATION 1988 ZONDCOR-01 HESY 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. CORD 25 (2001/08) ZONDCOR-01 HESY PAGE1 OF1 *c Zondiros Corporation 2401 208th Street Torrance CA 90501 City of Carlsbad Purchasing Department 1635 Faraday Avenue Carlsbad CA 92008-7314 of Premium Re: Avenida Encinas Sewer Rehabilitation Project, Project No. 3451. The City of Carlsbad, its officials, employees, and volunteers are named as Additional Insured under the General Liability per the attached and Auto per endorsement to be issued by the carrier This Policy is Primary and Non-Contributory. POLICY NUMBER: ZSMCC3CG1003404 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Carlsbad Purchasing Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Schedule: Avenida Encinas Sewer Rehabilitation Project, Project No. 3451 Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you. “It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations if claim, loss or liability is determined to be solely the negligence or responsibility of the named insured.” L-3470 12/02 Page 1 of 1 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE COMPENSATION I INSURANCE ISSUE DATE: 12-12-2003 GROUP: POLICY NUMBER: 1567448-2003 CERTIFICATE ID: 79 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF CARLSBAD PURCHASING DEPT 1635 SARADAY AVE CARLSBAD CA 92008-7314 JOB: PROJ # 3451 This is to certify that we have issued a vaiid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - TOM ZONDIROS, P,S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER - ZONDIROS CORP TORRANCE CA 90501 2401 W 208TH ST STE C-8 SClF 10262E Accept this mrliicate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" k%: 12-12-2003 PAGE 1 OF1 -- BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of Catifornia? /- Yes no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period@) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. .- party debarred party debarred I agency agency period of debarment period of debarment BY CONTRACTOR: L+P\PoS L e of Contractor) By: .r - (print namehitle) Page of f pages of this Re Debarment form @ Revised 7/29/02 Contract No. 3451 Page26of 85 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? 4. Yes no Has the suspension or revocation of your contractors license ever been stayed? no 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? 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? 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. c (If needed attach additional sheets to provide full disclosure.) Page / of pages of this Disclosure of Discipline form Revised 7/29/02 Contract No. 3451 Page 27 of 85 -- BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABILITATION PROJECT 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. I (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (print nameltitlej ' Page - of 2 pages of this Disclosure of Discipline form @ Revised 7/29/02 Contract No. 3451 Page 28 of 85 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMllTED WITH BID I AVENIDA - State of California County of 0 PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3451 ENCINAS SEWER ) ) ss. 1 REHAB1 LITATION PROJECT , being first duly sworn, deposes (Name of aidder) and says that he or she is t)KZ - pF'2 &3/ 0-r (Title) (Name of Firm) of 20I4ornos CWP. - 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 -- I declare under penalty of per' ry that the foregoing is true and correct and that this affidavit was executed on the 9 7# dayof OCT oIABp+, ,2oa3. it\ ot%bw , 20a. - Signature of Bidder v .. - Subscribed and sworn to before me on the 9 day of ?@ Revised 7/29/02 - Contract No. 3451 Page 29 of 85 CONTRACT PUBLIC WORKS This agreement is made this 64~ day of F&braar% , 20 CW , by and between the City of Carlsbad, California, a municipal corporatioM (hereinafter called "City"), and ZONDIROS CORPORATION whose principal place of business is (hereinafter called "Contractor"). SUITE C-8, 2401 8TH STREET, TORRANCE, CA 90501 City and Contractor agree as follows: 1. Description of Work. documents for: Contractor shall perform all work specified in the Contract AVENIDA ENCINAS SEWER REHABILITATION PROJECT CONTRACT NO. 3451 (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. Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the 2003 supplements thereto, hereinafter designated "SSPW C", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. - Revised 7/29/02 Contract No. 3451 Page 30 of 85 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 -k 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 Ctty, 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 Ill 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. r Revised 7/29/02 Contract No. 3451 Page 31 of 85 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 Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. - c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (6) 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. - Revised 7/29/02 Contract No. 3451 Page 32 of 85 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 thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R,) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. - (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - @ Revised 7/29/02 Contract No. 3451 Page 33 of 85 (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 (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. I - anticipation of litigation or in conjunction with litigation. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego I have read and understand all provisions of Section 11 above. -t-- init Tt? init County, California. a3 Cs 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. a Revised 7/29/02 Contract No. 3451 Page 34 of 85 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. -.. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. 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 AlTACHEE) (CORPORATE SEAL) - (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: Revised 7/29/02 Contract No. 3451 Page 35 of 85 CALJJ?ORNIA ALL-PURPOSE ACKNOWLEDGMENT m State of California County of Los Angeles / On ,\~I~IV~W - 7f31.w before me, Brandy Varsas. Notary Public, I personally appekd TOm W\?divo S NAME OF SIGNER Personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacitym and that by his signatur@on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 'hough the data below is not required by law, it may prove valuable to persons relying on the ocument and could prevent fraudulent reattachment of this form. :apacity Claimed By Signer 7 rNDMDUAL 7 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TVE OF DOCUMENT TITLE( S) 7 PARTNER LIMITED 1 ATTORNEY-IN-FACT \L \LBER OF PibES UGENERAL 1 TRUSTEE(S) 1 GUARDIXN/CONSERV ATOR 1 OTHER. DA-E 3F DOC; \lf'*T CERTIFICATE OF ACKNOWLEDGEMENT me, Wendy Barry, Notary Public, personally personally known to me (or proved to be the person($ whose name@) is/* subscribed to the within instrument and acknowledged to me that he/&re&rey executed the same in his/* authorized capacity@$, and that by his/- signature@+ on the instrument the personM or the entity upon behalf of which the person&? acted, executed the instrument. WITNESS my hand and official seal. -- (NOTARY SEAL,) NOT& SIGNATURE COMM. #1394406 ORIGINAL, ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 104182016 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIALS BUND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resotution NO, m3-296 , adopted NOVFFZBFR 18, ,2Q03 .. , has awarded to ZONDIROS CORPORATION (hereinafter designated as the "Princlpal"), a Contract for: CONTRACT NO. 3451 AVENIDA ENCINAS SEWER REHABMTATION PROJECT in the City of Carlsbad, in strict conformlty with the drawings and specifications, and other Contract Documents now on file in the Offlce 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 furnlshlng of a bond, provldlng that if Principal or any of their subcontractors shalt 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. ZOND IROS CORPORATION as 'AS AND SURtI? as NOW, THEREFORE, WE, Principal, (hereinafter designated as the kContmCtor'l), and efir#&Fl Surety, are held flrmly bound unto the City of Carlsbad in the sum of Dollars ($169,118.00 ), said sum belng 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, jolntly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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 Califamla Civll 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, wlthheld, 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 cas8 suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Clvll Code section 3248. - ONE HUNDRED, S!XTY NINE THOUSAND 0,NE HUNDRED EIGHTEEN AND NO/lOO---------------- ------------------------~~-------------~~~~-*---------------------------- This bond shall inure to the benefit of any of the persons named in California Clvll 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, altaration or addition to the terms of the Contract, or to the work to be .performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and It does hereby waive notice of any change, extension of tlme, alterations or addttlon to the terms of the contract or to the work or to the specifications. Revised 7/29/02 Contract No. 3451 Page 36 of 85 - 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 SURmY this 17TH day Executed by CONTRACTOR this .. ,17TH day of DECEMBER . ,20J. of DECEM BFR I20L. SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA h, . . (name of Surety) 700 N. CENTRAL AVENUE, 8TH FLOOR, GLENDALE CA 91203 (sign here) (address of Surety) JULIA B. LEONARD - (sign here) \PUS (prlnt name here) (tltle and organidion of signatory) (printed name 01 Attorney-in-Fact) - (Proper notarial wknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must slgn for corporatlons. If only one officer signs, the corporatlon must attach a resolution certified by the secretary or assistant secretary under corporate Bed empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Revised 7/29/02 Contract No. 3451 Page 37 of 85 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT HE State of California County of Los Angeles On &roflb r 24, "yo03 before me, Brandy Vargas, Notary Public, personally appeared TO^ 2~diw5 NAME OF SIGNER Personally known to me - OR - @ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacitym, and that by his signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL rhough the data below is not required by law, it may prove valuable to persons relying on the Locument and could prevent fraudulent reattachment of this form. Zapacity Claimed By Signer 0 INDIVIDUAL 17 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCLTMENT TITLE6) 0 PARTNER ULIMITED OGENERAL 0 A TTO RiVEY - N- F .A C T 0 TRUSTEE(S) 3 GL;ARDiXN/CONSERV.-\TOR LII1BER 01- P-?GES OTHER: D;\TE OF DOCL \IENT -- I CERTIFICATE OF ACKNOWLEDGEMENT } ss. 0 On L7md&f\l m~ mo'f before me, Wendy Barry, Notary Public, personally appeared Cf-Mra &dN personally known to me (or proved to me on the basis o'f'atisfact6ry evidence) to be the person(+ whose name@) is/* subscribed to the within instrument and acknowledged to me that he/sh&hy executed the same in his/* authorized capacity@$, and that by hidha&& signature@ on the instrument the personCs); or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. (NOTARY SEAL) NOTA$+' SIGNATURE COMM. #1394406 NOTARY PUBuccWFORNlA ~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On before me, S.L. KYSETH, NOTARY PUBLIC I Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT , Name(s) of Signer@) personally known to me -OR- 17 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPT/ONAL I___y__-_____I_u_I___-__-_-_- 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 Ttle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 17 17 17 0 17 17 Individual Corporate Officer Titles( s): Partner-C] Limited 17 General Attorney-in-Fact Trustee Guardian or Conservator Other: ~~~~ Signer Is Representing: Signer's Name: Individual 17 Corporate Officer Title(s): Attorney-in-Fact c] Trustee Guardian or Conservator Other: Partner- 0 Limited General Signer Is Representing: BD-1133 09/00 I \01 Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium . - Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $1 00,000,000,000.00, provided that the insurer has met its ded u cti ble. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism -coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. - TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06 183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-tN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Julia B. Leonard, Ken Coate, Kenneth A. Coate, Mark N. Gladding, of Riverside, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other ’ writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact ad Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe ign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatoq in &.i nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in Writing and a copy thereof is filed in the ofice of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or Writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by.facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power SO executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. - --TN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELER< JASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused ths instrument to signed by their Senior Vice President, and their corporate seals to be hereto affixed this 15th day of May, 2000. STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD HARTFORD, CONN. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY kND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTFIC ATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 17TH day of DECEMBER 92003 . Kori M. Johanson Assistant Secretary, Bond ISSUED IN ONE ORIGINAL COUNTERPART FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.20Q3.-296 , adopted , has awarded to ZONDI ROS_ CORPORATU I (hereinafter designated as the "Principal"), a Contract for: CONTRACT NO. 3451 AVENlDA ENCINAS SEWER REHABILITATION PROJECT 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 Clty of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute sald Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; - (hereinafter designated as the "Contractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA - , as Surety, are held and firmly bound unto the Cb Carlsbad, In the sum of ONE HUNDR,ED SIXTY NINE THOUSAND ONE HUNDRED EIGHTEEN AND N0/'100-- ----------------------LIL-------------- Dollars ($> 169.118.00 ), said sum being equal to one hundred percent (101)%) of the estimated amount of the Contract, to be paid to City or its certaln attorney, its succe8sors and assigns; for which payment, well and truly to be made, W8 bind ourselves, our heirs, executors and administratow, 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, adrninlstrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and parform the covenants, condltions, 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 thereln specified, and In all respects accordlng to their true intent and meaning, and shall indernnlfy and save harmless the Clty of Carisbad, its officers, omployees 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 speclfied therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby walve notice of any change, extension of time, alterations or addltion to the terms of the contract or to the work or to the specifications. . _- Revlsed 7/29/02 Contract No, 3451 Page 38 of 85 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 thi~ 7TH Executed by SURETY this . 17 TH day of day of DECEMBER CONTRACTOR: ZONDIROS CORPORATIO By: t (sign here) ~ b=-L43s,zs3E (print name here) DECEMBER ,2003. SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) 700 N. CENTRAL AVENUE, 8TH FLOOR, GLENDALE CA 91203 (address of Surety) (81 8) 409-4240 (telephone number of Surety) \r - (sign here) JULIA B. LF""'""" .uiunnu - -+% UmlWS, (printed name of Attorney-in-Fact) (print name here) S%e!!5tT?+a-7 %(- '*f*ttach corporate resolution showing current power of attorney.) C\WG &&Ey v\CvL-Pm~bw~ [t%&i-nohrii acknowleaent of execution by CONhACTOR and SURETY must be attached .) - (President or vice-president and secretary or assistant secretary must sign for corparations. If only one officer signs, the corporation must attach a reeolution 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: Revised 7/29/02 Contract No, 3451 Page 39 of 85 CALIFORMA ALL-PURPOSE ACKNOWLEDGMENT HE State of California County of Los Angeles On ,DeC&m&w- 2% m03 before me, Brandy Vargas, Notary Public, personally appeared --j~m Z-i~CliuoS NAME OF SIGNER Personally known to me - OR - BRANDY VARGAS proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacityw, and that by his signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 31ough the data below is not required by law, it may prove valuable to persons relying on the locument and could prevent fraudulent reattachment of this form. Zapacity Claimed BY Signer DESCRIPTION OF ATTACHED DOCUMENT INDMDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) c] PARTNER LIMITED OGENERAL 7 1 TRUSTEE(S) 7 OTHER: 4 TTO RVEY - fi- F .4C T \IL\IBER OF ?L.GES 1 GUARDIXNKONS ERV.4TOR D.-ITE (IF DOCi \IENT I CERTIFICATE OF ACKNOWLEDGEMENT ss. u- On sGdodv rn~ may before me, Wendy Barry, Notary Public, personally appeared E3<mra EdW personally known to me (or proved to me on the basis oysatisfact6ry evidence) to be the person(+ whose name@) is/= subscribed to the within instrument and acknowledged to me that helskekfity executed the same in his/- authorized capacity(@, and that by his/- signatureMon the instrument the personM or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. (NOTARY SEAL) NOT- SIGNATURE WENDY BARRY COMM. #1M NOTARY PUBUCCWFORNlA CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I State of CALIFORNIA County of RIVERSIDE On DEC 1 7 7001 before me, S.L. KYSETH, NOTARY PUBLIC I personally appeared JULIA B. LEONARD, ATTORNEY IN FACT I Ix] personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) his/her/thei authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' 'Signature ppry Public U ___y__I_u---_-_I_u_u_I-y-------- 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 Ttle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 17 Individual 17 Corporate Officer 0 Titles(s): 0 Partner- Limited General Attorney-in-Fact Trustee 17 Other: Guardian or Conservator Signer Is Representing: Signer's Name: 0 Individual Corporate Officer Title(s): Partner-n Limited 0 General [7 Attorney-in-Fact 0 Trustee Guardian or Conservator [7 Other: I I Signer Is Representing: I I I I 1 BD-1133 09/00 - 0- Travelers u IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $1 00,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism -coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal ofices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Julia B. Leonard, Ken Coate, Kenneth A. Coate, Mark N. Gladding, of Riverside, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to hind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED Thnt the Chaman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice Resident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority ns his or her certificate of authority may prescribe tn Fign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other Writings obligatory in .=hue of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in Writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or witing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice ChaLman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her Certificate or their certificates of authority or by one or more Company officers pursuant to a Written delegation of authority. This Power oFAttomey and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMMGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following oficers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for . purposes only of executing and attesting bonds and undertakings and other witings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. N WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELE! CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused ths instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 15th day of May, 2000. STATE OF CONNECTICUT ) SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY *m SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals fixed to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Cerhficate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 17TH day of DECEmBER 92003 . 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 "Civ and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Avenida Encinas Sewer Rehabilitation Project, - dated Contract No. 3451. in the amount of (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 , 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. . e Revised 7/29/02 Contract No. 3451 Page 40 of 85 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. 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 (a), 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. IO. 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: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name Signature Address Title Name Signature Address Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 7/29/02 Contract No. 3451 Page 41 of 85 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: @ Revised 7/29/02 Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Contract No. 3451 Page 42 of 85 _L SUPPLEMENTAL PROVISIONS FOR AVENIDA ENCINAS SEWER REHABILITATION PROJECT CONTRACT NO. 3451 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: - 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "performl' shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. I @ Revised 7/29/02 Contract No. 3451 Page 43 of 85 Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer, Construction Management and inspection - The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. - dispute resolution. Bldg CMWD Project Inspector - the Engineer’s designated representative for inspection, contract administration, and first level for informal dispute resolution. Y Standard Drawing M-12) Building and Buildings MTBM Microtunneling Boring Machine Carlsbad Municipal Water NCTD North County Transit District 1-3 ABBREVIATIONS cfs Comm DR E G 1-3.2 Common Usage, add the following: Abbreviation I Word or Words I Abbreviation I Word or Words Apts I Apartment and Apartments I MSL I Mean Sea Level (see Reaional Standard Drawings Cubic Feet per Second OMWD Olivenhain Municipal Water District Commercial ROW Rig ht-of -Way Dimension Ratio S Sewer or Slope, as applicable Electric SDNR San Diego Northern Railway Gas SDRSD San Diego Regional Standard I District CSSD I Carlsbad Supplemental I OHE I Overhead Electric Revised 7/29/02 Contract No. 3451 Page 44 of 85 SECTION 2 -- SCOPE AND CONTROL OF THE WORK - 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 Delete, "who is listed in the latest version of US. Department of Treasury Circular 570,". CONTRACT BONDS, modify the second sentence of paragraph one as follows: Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). - million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. 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. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. @ Revised 7/29/02 Contract No. 3451 Page 45 of 85 - 2-5 PLANS AND SPECIFICATIONS. --_ 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition, and the 2000 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set. The first set is designated as City of Carlsbad Drawing No. 401 -8 and consists of 9 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMW DSD, as issued by the Carlsbad Municipal Water District. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Technical Specifications in this document. 3) Supplemental Provisions. 4) Plans. 5) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 6) Standard Specifications for Public Works Construction. 7) Reference Specifications. 8) Manufacturer's Installation Recommendations. - Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number@) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 7) Identification of deviations from the contract documents. -- 6) Description of the contents of the submittal. @ Revised 7/29/02 Contract No. 3451 Page 46 of 85 When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: -_ "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (1 0) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by 5s 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, Delete sections 2-9.2 and replace with the following: 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. Revised 7/29/02 Contract No. 3451 Page 47 of 85 Add the following section: 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 (8‘/2)1 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, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 35 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under 55 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 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. - - Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. 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. Revised 7/29/02 Contract No. 3451 Page 48 of 85 Feature Staked Centerline Street Clearing Slope Fence Rough Grade Cuts or Fills 2 10 m (33’) Final Grade (includes top Stake, Blue-top of: Basement in grading area soil, subbase I Stake Description 8 Monument SDRS M-10 Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker and base) I Asphalt I RP, paint on Pavement Finish Course Drainage Structures, Pipes & similar Facilitiesa, @ Utilities 0, 62 Signs 0 Pavement MarkersO previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP TABLE 2-9.2.2(A) Survey Requirements for Construction Staking - ~~~ ~ Centerline or Parallel to Centerline Snacinaa. (3 1300m (1000’), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I 15m (50’) on tangents & I 7.5m (25’) on curves, Painted line - continuous lntervisible and I 15m (50’) I 60 m (200’) on tangents, I 15m (50’) on curves when R1300m (1000’) & 7.5m (25’) on curves when RS 300m I15m (50’) (1 000’) ; 15 m (50) on tangents & curves when R1300m (1000’: 8, I 7.5m (25’) on curves when R 1300m (1000’) I 7.5171 (25’) or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & 17.5m (257, beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, nlets & similar facilities, Risers & similar facilities (excepi plumbing), Skewed cut-off lines E 15 m (50’) on tangents & curves when R2 30011-1 (1000’; & I 7.5m (25’) on curves when R I 300m (1 000’) or where grade I 0.30% At sign location 60 m (200’) on tangents, 15m (50’) on curves when R 2 300m (1000’) & 7.5m (25’) on curves when R I300m (1000’) For PCC surfaced streets lane cold joints will suffice 3 omitted when adjacent marker stakes reference the ( Lateral Spacing 0,0 on street centerline at clearing line Grade Breaks & S7.6 rn (25’) N/A ( constant offset) N/A 16.7 m (22’) edge of pavement, paving pass width, crown line & grade breaks as appropriate as appropriate Line point at pavement marker location (s) set and elevat Setting Tolerance (Within) 7 mm (0.02’) Horizontal, also see section 2-9.2.1 herein 0.3 m (1’) Horizontal 30 mm (0.1’) Vertical & Horizontal 30 mm (0.1 ’) Horizontal 30 mm (0.1’) Vertical & Horizontal IO mm (%”) Horizontal & 7 mm (’/;) Vertical 1 o mm (‘/$) Horizontal & 7 mm (‘/4”) Vertical 10 mm (’/e”) Horizontal & 7 mm (I/;) Vertical IO mm (?$) Horizontal & 7 mm (’/<) Vertical 30 mm (0.1’) Vertical & Horizontal 7 mm (’/$) Horizontal n of those features 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 0 Perpendicular to centerline. (3 Some features are not necessarily parallel to centerline but are referenced thereto 0 Z means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number following the symbol. 0 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 and the accuracy requirements of the RP meet the requirements for the feature 0 Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) @ Revised 7/29/02 Contract No. 3451 Page 49 of 85 TABLE 2-9.2.2(6) Survey Stake Color Code for Construction Staking Vertical Control Clearing Grading 1 TvaeofStake 1 Descriotion I color I Bench marks W hite/Orange Limits of clearing Yellow/Black Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow I Horizontal Control I Coordinated control points, control lines, control reference points, centerline, 1 White/Red I Structure Drainage, Sewer, Curb grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm White Blue - Rig ht-of-W ay Miscellaneous drains, slope protection, curbs, gukers, etc. Fences, W W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. W hiteNellow Orange Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. - 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its 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. - @ Revised 7/29/02 Contract No. 3451 Page 50 of 85 SECTION 3 -- CHANGES IN WORK - 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) costs and shall constitute the markup for all overhead and profits: Work by Contractor. The following percentages shall be added to the Contractor’s Labor ................................... 20 Materials 15 Equipment Rental 15 Other Items and Expenditures .. 15 1) 2) 3) 4) ............................. ................... To the sum of the costs and markups provided for in this section, 1 percent shall be added as (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. - compensation for bonding. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in I connection therewith. a Revised 7/29/02 Contract No. 3451 Page 51 of 85 The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. - The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. - Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management and Inspection 4. Deputy Public Works Director 5. Public Works Director 6. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. @ Revised 7/29/02 Contract No. 3451 Page 52 of 85 All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency Revised 7/29/02 Contract No. 3451 Page 53 of 85 - - 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 nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. I 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 7/29/02 Contract No. 3451 Page 54 of 85 SECTION 4 - CONTROL OF MATERIALS IATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: 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. 4-1.4 the third sentence of the first paragraph. Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from add the following: Except as specified in these Supplemental 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 and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer] the source of supply of each of the materials shall be approved by 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. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. _- Revised 7/29/02 Contract No. 3451 Page 55 of 85 Add the following section: 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@), 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. - SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. I_ Add the following: 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 7/29/02 Contract No. 3451 Page 56 of 85 SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK - 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add the following section: 6-1 -1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 The Engineer will establish the time and location of weekly. Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7:6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor‘s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. Project Meetings. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim@) therefore. .- 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. @ Revised 7/29/02 Contract No. 3451 Page 57 of 85 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the 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. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $1,500.00 Dollars (one-thousand five-hundred dollars). Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00 Dollars (one-thousand five-hundred dollars) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. Revised 7/29/02 Contract No. 3451 Page 58 of 85 7-5 PERMITS. I Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-5.1 STATE HIGHWAY RIGHT OF WAY Add the following section: The City has acquired an Encroachment Permit from the State of California, Department of Transportation, (Caltrans) see Appendix C. The Contractor shall write a letter requesting the transfer of the permit from the City to the Contractor. Fees for a sum of $240.00 to be paid by the Contractor shall be included with the letter for inspection and transfer costs. The Contractor shall submit a letter to Caltrans requesting extension of permit, two weeks prior to its expiration. The costs of the permit transfer and Caltrans Inspection are incidental to the work and no separate payment will be made therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 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. Coordination. ..- 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hisfher 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. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California Regional Water Quality Control Board, San Diego Region Order 2001 -01, NPDES No. CAS01 08758, February 21,2001, and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". - @ Revised 7/29/02 Contract No. 3451 Page 59 of 85 In addition to the above requirements, the Contractor shall adhere to best management practices (BMPs) as noted on the plans, Water Pollution Control Plan (WPCP), and as detailed in the Caltrans Construction Site Best Management (BMPs) Manual, November 2000 edition. - The WPCP and excerpts from the Caltrans Construction Site Best Management (BMPs) Manual, detailing the above BMPs, are contained in Appendix D. Specifically, the following minimum BMPs shall be implemented by the contractor: ss-1 ss-2 SS-3 or SS-6 SC-6 sc-7 sc-10 NS-6 NS-7 NS-8 NS-9 NS-10 W M-1 W M-2 W M-4 W M-5 W M-9 Scheduling Preservation of Existing Vegetation Hydraulic Mulch or Straw Mulch Gravel Bag Berm Street Sweeping and Vacuuming Storm Drain Inlet Protection Illicit Connection/lllegal Discharge Detection and Reporting Potable Water/lrrigation Vehicle and Equipment Cleaning Vehicle and Equipment Fueling Vehicle and Equipment Maintenance Material Delivery and Storage Material Use Spill Prevention and Control Solid Waste Management SanitaryEeptic Waste Management Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7. During construction operations, the Contractor’s schedule shall be designated to provide residents and business owners whose streets are to be affected with sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending 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. # Revised 7/29/02 Contract No. 3451 Page 60 of 85 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. An example of such notice is provided in Appendix “A. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. - 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: 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)438-1161X4411 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980x2937 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161x4500 6) North County Transit District .............................................................. (760) 743-9346 7) Coast 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. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation ”Manual of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, 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 hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. - @ Revised 7/29/02 Contract No. 3451 Page 61 of 85 Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non- existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. I Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 2 feet, nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment the 2 feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane, not less than 12 feet wide, shall be open for use by public traffic in each direction of travel. -- P t Revised 7/29/02 Contract No. 3451 Page 62 of 85 .- Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 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. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the ‘Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. - Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions Control Plan Sheets. If the Contractor elects to modify TCP included in Contractor shall have such new or modified TCP prepared and submitted for any and all construction activities that are located within the traveled to Existing, Traffic the project plans, the as a part of the Work 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 -. @‘ Revised 7/29/02 Contract No. 3451 Page 63 of 85 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. The Contractor may choose to modify, add to or supplement the TCP shown on sheets 6 through 9 of Drawing 401 -8 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheets 6 through 9 of Drawing 401-8. The level of detail, format, and graphics shall be of quality and size no less than shown on sheets 6 through 9 of Drawing 401-8. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. - r Add the following section: 7-1 0.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and failing materials. - Revised 7/29/02 Contract No. 3451 Page 64 of 85 7-13 LAWS TO BE OBSERVED. Add the following: 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. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the US. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in 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 (IO) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK - Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no - @ Revised 7/29/02 Contract No. 3451 Page 65 of 85 The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. incorporated into the will not be included in the progress estimate. The cost of materials and equipment delivered but not Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule, and 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 a Revised 7/29/02 Contract No. 3451 Page 66 of 85 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 wilt 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. a Revised 7/29/02 Contract No. 3451 Page 67 of 85 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS Type of Construction All Concrete Used Within the Right-of-way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection SECTION 200 - ROCK MATERIALS Concrete Maximum Class Slump mm (Inches) 330-C-23 (2) (5604-3250) (’) (1 90-E-400) (560-C-3250) (590-C-3750) (520-C-25OOP) 1 15-E-3 200 (8”) 330-C-23 100 (4”) 350-C-27 100 (4“) 31 04-1 7 per Table 300-1 1.3.1 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section 200-2.2). SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-112 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following section: 201-8 Precast Grated Drain Box. The unit bid price for precast grated drain boxes shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in the installation of grated drain boxes complete in place, as shown on the drawings, as specified in the specifications, and as directed by the Engineer. @ Revised 7/29/02 Contract No. 3451 Page 68 of 85 The unit bid price includes, but is not limiting to: excavating, grading and backfilling, providing suitable sand or gravel bedding, and installing a Brooks Products No. 3-TG with base plate or equal, and making any adjustments required to raise or lower the frame and grate to final grade. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation by Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202 2. Stability' using: a. Stabilometer Value' using Calif. Test 366 and shall be the average of three individual Stabilometer Values And 1 or Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. b. Stability will be waived provided the extracted asphalt content is within +\-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +\-4. 1. 2. When using core sample analysis, the samples must be properly prepared to safeguard against influx of out side contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. a Revised 7/29/02 Contract No. 3451 Page 69 of 85 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +\- .5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.1 Batch Plant Method, Modify as follows: Third paragraph, last sentence, delete “and from the Engineer’s field laboratory”. Last paragraph, add after D 21 72: “method A or B.” - Property Hardness (indentation) Tensile Strength Elongation Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant - 203-6.7 Asphalt Concrete Storage. Add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. Measuring Standard Res u I ts Conditions (ASTM Designation) ASTM D 224.0 Rex. 25°C @ 50% relative Type A, Model 1700 humidity ASTM D 412 Die C, pulled at 508 mm (20”) per minute ASTM D 412 Die C, pulled at 508 mm (20) per minute 0.6 mm (25 mil) Free over 13 mm (’I?) Mandrel Film Bend (1 80’) ASTM D 822 Slight chalking Cured 7 days at 25°C Q Weatherometer 350 h 50% relative humidity ASTM B 117 28 days 5% NaCI, Die C, pulled at at 38°C tensile; 400% minimum 508 mm (20) per minute ASTM D 150 over a temperature range of 65 - 85 3.45 MPa, minimum 400%, minimum No cracks 3.45 MPa, minimum Elongation Less than 25% change -30°C to 50°C Add the following section: 203-1 1 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-1 1.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be A R H M-G G -C . Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-1 3.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-1 3.1 (A). - TABLE 203-1 3.1 (A) @ Revised 7/29/02 Contract No. 3451 Page 70 of 85 203-1 3.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). I Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, "C Viscosity, Brookfield Thermosel, 203-1 3.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 203-1 1.3(A). Measuring Standard (ASTM Res u I ts Conditions 25"C, 150 g, 5 s Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ASTM D 3407, Sec. 8 25%, min. 25°C ASTM D 36 ASTM D 113 300 mm, min. 25"C, 50 mm/min ASTM D 92 ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, 20 3.5 mm, max. 5 mm, max. 82 "C, min. 288 "C, min. rpm, 190°C Surface to be Painted Temporary Railing type (K) SECTION 207 - PIPE - Pre-treatment / Surface Primer Finish Coats Preparation Abrasive Blast Cleaning to a None Two coats white Acrylic Roughened, Textured Appearance Emulsion Paint (') 207-17 PVC PLASTIC PIPE 207-17.1 General. This subsection applies to the requirements for unplasticized PVC plastic pipe for air jumpers, sanitary sewers, storm drains, and house connection sewers. Delete the first sentence of the first paragraph and add the following: SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 21 0-1.5 Paint Systems. Add the following to Table 21 0-1.5(A) ,- @ Revised 7/29/02 Contract No. 3451 Page 71 of 85 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane - lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 801 0-004 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.0. Box 191 28, Sacramento, CA 9581 9, telephone number (91 6) 227-7000. Stimsonite Chip Seal/Temporary Overlay Marker (Models 300 and 301) TFPM Add the following section. 21 0-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 11 5 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 60714 or approved equal. John C. Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251 -8140. SECTION 214 - PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), - or equal thereto. , TABLE 214-5.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor I Add the following section: 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new sutface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20120. Reflective channelizer shall be one of the types shown in Table 21 4-5.2(A), or equal thereto. a Revised 7/29/02 Contract No. 3451 Page 72 of 85 .- Type Safe-Hit SH236MA Carsonite “Super Duck” SDF-436 Repo “The Replaceable Post” The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #11 Hayward, CA 94545 Telephone (41 5) 783-6550 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-51 04 Western Highway Products P.O. Box7 Stanton, CA 90680 Telephone (800) 422-4420 Revised 7/29/02 Contract No. 3451 Page 73 of 85 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.4 Payment. modify as follows: No separate payment shall be made for clearing and grubbing. Clearing and grubbing shall be considered incidental to the work. - 300-2 UNCLASSIFIED EXCAVATION. 300-2.9 Unclassified Excavation. modify as follows: “Unclassified Excavation” shall be paid for as incidental to the work and no additional payment will be made therefore. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: incidental to the work and no additional compensation will be made therefore. Structure excavation and backfill shall be paid for as an 300-4 UNCLASSIFIED FILL 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as incidental to the work, and no additional payment will be made therefore. Revised 7/29/02 Contract No. 3451 Page 74 of 85 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS .- 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Change each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”. Modify the second and third paragraphs as follows: 301 -1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7. Payment. Modify the first paragraph as follows: Subgrade preparation shall be incidental to the work and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post-emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. -. 302-5.2 Cold Milling Asphalt Concrete Pavement. begin until concrete work is completed and has cured for at least seven days. Add the following: Cold milling shall not 302-5.2.4 Traffic Signal Loop Detectors. add the following: All traffic signal and bicycle loop detectors which have been abandoned and replaced or rendered inoperative during construction shall be replaced immediately and before the ARHM overlay. All vehicle loop detectors shall be Type E Loop Detectors per CalTrans Standard Plan ES-5B. All bicycle loop detectors shall be Type Q per CalTrans Standard Plan ES-5B. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.2.6 Measurement and Payment. add the following: Payment for cold milling shall be per linear foot and no adjustment in price will be made for varying AC thickness. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asp halt. - @ Revised 7/29/02 Contract No. 3451 Page 75 of 85 302-5.5 Distribution and Spreading. modify as follows After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be required at all times when a ASPWP is used. Additionally, a front end loader will be required during all ASPWP paving. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following: When placing the ARHM overlay the Contractor shall pave over all appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor’s operation. The contractor shall adjust all water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. 13. All sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. - Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment. Add the following: Payment for asphalt concrete shall be at the unit bid price per ton. No additional payment shall be made for any tack coat. Add the following section: 302-1 1 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-1 1.1 General. Asphalt Pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal, and disposal of existing asphalt pavement in conformance with Section 300- 1.3, compaction of existing subgrade in conformance with section 301 -1, grading and compaction of base material in conformance with section 301-2, application of grade SS-lh emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. .+- Revised 7/29/02 Contract No. 3451 Page 76 of 85 Add the following section: 302-1 1.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete, and/or aggregate base, and/or subgrade to 300 mm (1 ft) below existing asphalt surface and replacing the material so removed with asphalt concrete B-AR- 4000. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area in the field by outlining the area to be patched with paint. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the basehubgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1 ft) of subgrade to 95% relative compaction. A tack coat of SS-1 h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 Urn2 to (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the excavated area with 300 mm (1 ft) full depth asphalt concrete and compact so that the finished surface is flush with the surrounding pavement. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-1 1.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. - Add the following section. 302-1 1.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid items are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the full depth asphalt concrete patch and crack sealant application areas. Payment for emulsion- aggregate slurry treatments shall include post emergent herbicide treatment of the areas to receive for emulsion-aggregate slurry treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, but not limited to, saw cutting, removing, and disposing of 300 mm (1 ft) thick section of existing asphalt concrete, placement of SS-1 h asphalt emulsion and all other work incidental to full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. e Revised 7/29/02 Contract No. 3451 Page 77 of 85 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve - 303-1 AIR-PLACED CONCRETE. Marking W S RW 303-2.1.1 General. Add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6” x 6) by No. 10 by No. 10 welded wire mesh. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY I INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) 303-5.9 Measurement and Payment. add the following: Curb and gutter shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Curb and gutter will not be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. Payment for the removal and replacement of concrete structures shall be at the unit bid price and shall include all labor materials, excavation, and subgrade preparation necessary to do the work and no extra compensation will allowed therefore. - SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1 -5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the City. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. @ Revised 7/29/02 Contract No. 3451 Page 78 of 85 ._ .- 306-1 5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1 5.1 , ‘Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. Trench resurfacing shall be according to SDRSD G-24 Type A or Carlsbad Standard GS-24. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 31 0-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (’/e”) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (’/i’) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0’) thick asphalt concrete overlay is not permitted. 31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 1 OOm (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. Revised 7/29/02 Contract No. 3451 Page 79 of 85 31 0-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. - 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the unit bid prices for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The unit bid prices shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following section: 31 0-5.6.1 1 Preformed Thermoplastic Pavement Markings. For asphalt concrete pavement the Contractor shall be apply preformed thermoplastic pavement markings using the propane torch method recommended by the manufacturer. The preformed thermoplastic pavement markings shall not be applied at ambient and road temperatures below 08 C (328 F). The Contractor shall clean, dry and remove all debris from the pavement before applying preformed thermoplastic pavement markings. For portland cement concrete pavement the Contractor shall use the same application procedure as described for asphalt concrete pavement. However, at the Contractor's option a compatible primer sealer may be applied before application to assure proper adhesion. - SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following: Reflective blue fire hydrant markers shall be placed per San Diego Regional Standard Drawing M-19. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. Reflective Channelizer Placement and Removal. 312-4 Measurement and Payment. Delete this section and add the following: Payment for reflective pavement markers shall be included in the contract unit bid price for each associated striping item that requires reflective pavement markers. Payment shall include full compensation for doing all the work involved in furnishing and placing or removing existing pavement markers, including adhesives and pavement repair, as shown on the plans or in the specifications and as directed by the Engineer. I Revised 7/29/02 Contract No. 3451 Page 80 of 85 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES 1 Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer‘s instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Temporary reflective pavement markers shall be installed and in place during the interim 14-day period when permanent markings and striping are not allowed to be placed. Temporary reflective pavement markers shall be installed prior to opening traffic lanes for traffic. Temporary reflective pavement markers shall be placed in the locations as shown on the plans, temporary striping and marking details. The corresponding CalTrans Standard Drawing specified on the permanent striping plans shall receive temporary pavement markers. The temporary reflective raised pavement markers for limit lines and crosswalks shall be placed per detail shown on the plans. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 31 2 ”Pavement Marker Placement and Removal”, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. - markers are used to replace patterns of temporary traffic stripe that will be in place for less than Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 31 2-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, “Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. @ Revised 7/29/02 Contract No. 3451 Page 81 of 85 Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 31 3-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 21 0-1.5 “Paint Systems” and 31 0 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201 -1 , “Portland Cement Concrete” and 303-1 “Concrete Structures”.” Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201 -1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/<) thick plate welded on the upper end with a 5-mm (3/1$) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Sutface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. @ Revised 7/29/02 Contract No. 3451 Page 82 of 85 Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be “Energite 111” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules’’ manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, gradingfor the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. F r e Revised 7/29/02 Contract No. 3451 Page 83 of 85 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 5, SYSTEM REHABILITATION SECTION 500 - PIPELINE 500-1.2.4 Sewer Bypassing and Dewatering. Add the following to the end of the first paragraph: The work of this Section includes the requirements for installation of a sewer bypass system to be used to temporarily divert trunk sewer flows around sections of the project under construction in conformance with these specifications and the contract documents. Due to the volume of sewage flow in the sewer line, traffic volumes, and sensitive environmental habitats, at no time will the bypass system be allowed to fail as described in this Section. The Contractor shall take all precautions and steps necessary to maintain the bypass system 24 hours a day while the project is under construction. Any spills or flow of sewage other than through the bypass system and trunk sewer shall result in immediate shutdown of the project and the Contractor will incur liquidated damages. The Contractor will be required to clean up all spills per direction of the City or other governing agencies. All cost for cleanup of spilled sewage will be borne by the Contractor. The Contractor shall meet with the Engineer and City prior to placement of the bypass system, but after submittal to and review by the Engineer and City of the bypass plan, in order for all parties to review and raise concerns over the plan and system. Forty-eight hours prior to implementation of the approved bypass plan, the Contractor shall contact the City to coordinate shutting down the upstream pumpstation to facilitate installation of the bypass system. Add the following section: 500-1.2.4.1 Contractor Submittals The Contractor shall submit the following prior to commencement of work. .. A. Sewer BvDass Plan: A sewer bypass plan shall be submitted to the Engineer for approval. The sewer bypass system plan and calculations shall be prepared and stamped by a civil engineer registered in the State of California. Approval must be attained prior to placement of any bypass equipment on the project. The sewer bypass plan shall include, but not be limited to the following: a) Drawings showing the location of piping, all appurtenances, trunk sewer main and lateral connections, etc. b) Calculations showing that the proposed bypass system meets the design capacity requirements of this Section. c) Name and manufacturer designation of equipment used in sewer bypass system. d) Name, address, phone and fax number, e-mail, and contact name of bypass system manufacturer, or representative. e) Emergency sewer bypass contingency plan. f) Name, address, and phone number of all personnel in-charge of and overseeing bypass system, and all personnel maintaining bypass system. g) Name, address, phone number, and pager number of two (2) contacts employed by the Contractor that can be called by the City, Engineer, or other appointed representative for emergencies 24 hours a day. Revised 7/29/02 Contract No. 3451 Page 84 of 85 Add the following section: 500-1.2.4.2 Products The Contractor shall fumish and install all sewer bypass system equipment required for construction of the Avenida Encinas Sewer Rehabilitation Project per the Contract Documents. The sewer bypass system shall include all pipe, pumps, power sources, and stand-by equipment to provide a complete and operable system to bypass the entire flow of the trunk sewer system, as specified and shown on the Contract Documents. Add the following section: 500-1.2.4.2.1 Sewer Bypass System The sewer bypass system shall be subject to the following requirements and regulations: A. The Contractor when and where required, shall provide diversion for the access hole replacement operation, by means of a bypass system. The bypass lines shall be of adequate size and provide adequate capacity to handle all flows to be diverted. The bypass system shall be designed to meet a maximum flow of 1500 gallons per minute. B. The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer under construction during the execution of work. C. Spare bypass piping shall be available on-site in case of failure of the duty piping. D. If sewage backup occurs and enters buildings, houses, or surcharges above the surface of the existing ground, the Contractor shall be responsible for clean up, repair, property, damage costs, and claims. E. All costs for the bypass system shall include costs for all requirements described in this Section. - Add the following section: 500-1.2.4.2.2 Sewer Bypass System Meeting The Contractor, City, and Engineer shall meet at a designated date and location set by the Engineer and City, after submittal and review of the bypass system plan by the Engineer and City. This meeting will be conducted by the Engineer and City. This meeting is designed to allow both the Contractor, City, and Engineer to discuss issues and concerns on the bypass system and plan. Final approval of the bypass system plan will not take place until completion of the meeting and all changes to the plan required by the Engineer and City are met by the Contractor. Add the following section: 500-1.2.4.3 Execution The Contractor shall install the sewer bypass system in accordance with the approved bypass system plan. All installation shall conform to this Section. Add the following section: 500-1 -2.4.3.1 Sewer Bypass System Information A. The bypass system shall be installed and operational prior to commencement of sewer rehabilitation per the Specifications of this Section. 8. The bypass system shall be operational during the entire time to remove and replace the project access holes and complete all connections. This will include nighttime operation of the bypass system. C. AT NO TIME SHALL THE BYPASS SYSTEM BE ALLOWED TO FAIL. All costs related to spills or backups due to the failure of the bypass system shall be bome by the Contractor. e Revised 7/29/02 Contract No. 3451 Page 85 of 85 Appendix A Resident Notification Example APPENDIX A RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)XZ-XXtX FIELD # (760)m-AXAX Dear resident: 4s a part of the City of Carlsbad's ongoing program to maintain its streets and sewer infrastructure, your street will be resurfaced with a layer of asphalt concrete over the existing roadway surface. rhis construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to XYZ Ave. will be dosed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: From 7:OOA.M. to 5:OO P.M. If you don't plan to leave your home by 7:OO A.M. on the ibove date please park your car on an adjacent street in your ieighborhood that will not be resurfaced. Streets scheduled for -esurfacing can be determined by calling either the Contractor or $e City of Carlsbad Engineering Inspection Department. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom 3f your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours &er the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at ~760)xIurT-xyxrl' if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is :ollected. Mail delivery may be delayed if the postman cannot -each the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the late. If you have any concerns which cannot be addressed by the Zontractor, you may call the City's Engineering Inspection Department at 438-1 161x4323. Thank you for your cooperation as we work to make a better Zity of Carlsbad. Appendix B Standard Drawings and Details SECTION // .. A-A .. .. a. .. * .. -v B .. .. . .. r .. .. .. .. SECTION C-C NOTES: ALL CAST IN PLACE CONCRETE SHALL BE TYPE 564-B-3ooo. ALL PIPE IN ACCESSHOLE SHALL BE W.C. OR ViTRlFlED CLAY PIPE AND SHALL BE INCLUDED AS PART OF ACCESSHOLE. pcxB( BASE AGAIN OR 6 MIN. ROCK BASE fi ' UNDISTURBED SOIF STUB OUTS SHU WE A MANHOLE FRAME AND x)INlS TOBESETINCtASS'C'MCRT~. MINIMUM m OF 2 F=r. ACCESSHOLE I I I I HALF PLAN FME a COVER INNER COVER -47 INNER CMR TOP SIDE BCTTOM SIDE HALF SECTION FRAME 8 COVER NOTES 1 .WEIGHTS: INNER COVER = I55 LBS. OUTERCOVER =xx)LBS. FRAME = 33oLBs. 2 .MATERIAL : CAST IRON. 3. MACHINE SEATS TO PREVENT NOISE. $.FILLET RAW1 TO BE 12". 5 .IMPORTED COVERS AND FRAMES SHAU HAVE COUNTRY OF ORIGIN MARKING IN COMPLIANCE WITH FEDERPL REGUlATIrnS, SECTION A-A c TYPICAL TRENCH SECTION WITH DIMENSIONS AND COMPACTION ZONES. 4"MIN.TO 8"MAX. E" WT J OR I'MIN. BENEATH BUL, WHICHEVER IS GREATER. NrnES: VCP PIPE ROCK I'D SPRINGLINE PVC. PIPE ROCK ENVELOPE 1 . PERCENTAGES SHOWN EQUAL MINIMUM RELATIVE COMPACTION. 2. MINIMUM DEPTH OF COVER FROM TOP OF PIPE TO FINISH GRADE FOR U SANITARY SEWER INSTAUATIONS SHALL BE 3 FEET. FOR COVER LESS THAN 3: SPECIAL DESIGN AND APPROVAL REQUIRED. LL FOR SEWERS Appendix C Caltrans Permit TO: I CITY OF CARLSBAD C/O PBS&J 175 CALLE MAGDALENA ENCINITAS, CA 92024 ATTN: ALBERT STRICKER PHONE: (760) 753-1 120 1 JG:jg cc:Permits &lNusz, Reg. Mrr. yons, Inspector r' ermitee Contractor I APPROVED Pedro Orso-Delgado, District Director - $NlA 1 I SD5/R45.0 Date Rider Number JUNE 23,2003 I PERMIT EXPlRES - 1 1213 1/03 1 ,PERMllTEE In compliance with (your) request of June 20.2003 we are hereby amending the above numbered encroachment permit as follows: Date of completion extended to: DECEMBER 31, 2003 TIME EXTENSION ONLY w 0 lo TO: TR-0120 (REV. 7/98) - qmpliance with (Check one): I Permit No. 11-03-NDM0081 DisVWRtePM I I-SD-51R45.0 Date Your application of Utility Notice No. Agreement No. RNV Contract No. JANUARY 22,2003 of of of I- FEBRUARY 19,2003 Fee Paid Deposit $ NIA $ NIA Performance Bond Amount (1) $NIA $NIA Bond Company Payment Bond Amount (2) Bond Number (1) Bond Number (2) The following attachments are also included as part of this permit (Check applicable): I I PERMIT EXPIRES 1 6/30/2003 In addition to fee, the permittee will be billed actual costs for: CITY OF CARLSBAD C/O PBS&J 175 CALLE MAGDALENA ENCINITAS, CA 92024 ATTN: ALBERT STRICKER PHONE: (760) 753-1 120 I I ,PERMITTEE Yes General Provisions 0 Yes W No Utility Maintenance Provisions 0 Yes w No Special Provisions . Yes w No A Cal-OSHA permit required prior to beginning work; and subject to the following, PERMISSION IS HEREBY GRANTED to: enter upon State Highway right of way in San Diego County, in City of Encinitas, on Route 1-5, post mile R45.0, to remove temporarily and restore an existing chainlink and drainage swale that was affected by removing and replacing a manhole which is located outside of Caltrans right of way. The chain link and the drainage shall be restored to equivalent pre-construction conditions, as shown on the -ttached plans, and in accordance with the requirements and conditions contained herein and as further directed or approved by the ate's Inspector, Mr. John Lyons, telephone number (619) 688-6844. [51 Yes W NO Review [E3 Yes NO Inspection Yes Field Work (If any Calfrans effort expended) No vehicles or equipment shall be parked within the highway right of way at any time, except for those vehicles or that equipment actually engaged in the work, during the working hours specified herein. - JG:jg cc:Permits MNusz, Reg. Mgr. (Continued) APPROVED: Pedro Orso-Delgado, District Director I 7- CITY OF CARLSBAD FEBRUARY 15,2003 1 1-03-NDM008 1 PAGE 2 OF 2 The State of California, Department of Transportation makes no assurance or expressed warranty that the plans are complete or that the planned construction fits field conditions. Should additional work or modifications of the work be required in order to meet established Department Standards or in order to fit field conditions, the work shall be performed by Permittee as directed by the State's Inspector at no cost to the State Traffic control when permitted or required shall be as directed and approved by the State's Inspector. Permittee shall implement and maintain the attached WPCP, dated as approved February 4, 2003, and as directed and approved by the State's Inspector. Notwithstanding General Provision No. 24, your contractor is required to apply for and obtain an encroachment permit prior to starting work. A permit inspection deposit fee of $240.00 will be required upon submittal of the application to perform the work. Also, your contractor must submit proof that they have obtained executed bonds in accordance with General Provision No. 24. Upon completion of the work, the attached card shall be completed and returned. The following District Standard Special Provisions are generalizations of the Department Standard Specifications and are included only as a permittee convenience. Permittee's attention is directed to the current Department Standard Specifications for complete, unabridged, specification requirements. Once begun, that portion of the work within the State Highway right of way shall be prosecuted to completion as rapidly as possible. All personnel on foot within the State Highway right of way shall wear personal protective equipment, including orange vests or jackets, safety glasses, and hard hats. The Permittee is responsible for locating and protecting all utilities both underground and aerial. Any costs incurred for locating and protecting andor relocating any utilities shall be borne by the Permittee. ATE OF CALIFORNU. DEPARTMENT OF TRANSPORTATION ZNCROACHMKNT PERMIT GENERAL PROVISIONS R-0045 ./REV. 10198) AUTHORITY: The Dcpamnent's authority to itsue encroachment permits is provided under. Div. 1. Chpt 3. An 1. Sect. 660 to 734 of - - Stmts and Highways Code. .&VOCATION: Encroachment pcnnirs M revocable on five days notia unless othcnvisc srarcd on he permit and except as provided by law for public corporations. franchise holden. and utilities. These General Rovisions and the Encroachment Permit Utility Provisions are subject to modifiurion or abrogation u any timc. Permittees' joint w agreements. franchise rights. reserved rights or any other agreements for openring purposes in Starc highway right of way arc exceptions to this revocaion. 16. DENL4.L. FOR NONPAYMENT OF FEES: Failure to pay permit fas when due can result in rejection of futu~ applicadons and denial of pcrmi~. IS. ASSIGNMEKT: No party other than the pccmintc or pchttcc's authorimd agent is allowed to work under this @t. ACCEPTANCE OF PROVISIONS: Pennitnc qdcntands and agmes to accept rhcse General Rovisions and all attachmenw to this pcnnit. for any work to k performed under this permit. BEGINNING OF WORK: When Oamc is not impacted (see Number 35). the permittee shall notify the Department's mprewntative. two (2) days before he intent to start permitted work. Pennittee shall notify the Dcpmcnt's Rcprcxnrarive if the work is to be interrupted for a period of five (5) days or ~OK. unless olhenvisc am upon. AI work shall k performed on weekdays during regular wok hours. excluding holidays. unless otherwise spccifzd in this permit. SFNARDS OF CONSTRUCTION: AU work perfonncd -within highway right of way shall conform to recognized construction standards and current Dcpanment Standaid Spccifiutions. Department Standaid Plans High and Low Risk Facility Specifications. and Utiliry Special Rovisions. Where reference is -made to "Conuanor md Engineer." We lllt mended to be Md as PLAN CHANGES: Changes to plans. specifications. and permit provisions arc not allowed without prior approval from the State representative. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of work, ~CITI~KCC shall request a final inspection for acceptance and approval by the Department. Thi Id agency penniucc shall not .give final construction approval to its contractor until fwl acceptance and approval by the Department is obtained. PERMIT AT'WORICTXE Perminct shall keep the pcrmit package or a copy thereof. at the work sire and show it upon request to'any Department representative or law enforcement officer. If the permit package is not kept and made avaitablc at the work site. the work~hdl be suspended. C0NFLJCX"C ENCROACHMENTS: Petmime shall yield stan of work to ongoing. prior authorized. work adjacent to or within the limits of the pjcct site. When exisdng encroachments confict with new work, the permittee shall bear all cost for rearrangemenu. (eg.. idocation. duration. removal. etc.). PERhlrrS FROM OTHER AGENCIES: This pennit is invalidated ifthepermittee has not obtained all permits necessary and required by law, from the Public Utilities CqMnisrion of tht Starc of California (PUC). California Occupat~onal Sqety and Hcalth . Administration (a-OSHA). or any otkr pubhc agency having juisdiction. AND BICYcIlsI: SAFEI'Y: A safe minimum passageway of 1.21 meter (4') shall be maintained through the work ma at existing pedestrian or bicycle facilities . AI no time shall pcdcstrivls be diverted onto a portion of the smet used for vehicular mffic. At loutions when safe dtcrnatc passageways cannot be provided. appropriate signs and barricades shall be inswlled at the lifi& of construction and in advance of the timi& of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. PUBLIC TRAF'FIC CONTROL: As retauired by law. the permittee and Department rrprcsentauve." . .. .. shall provide tnffic control pmtcction warning signs. lighu. safety devices. ctc.. and de all other m~ures necessary for tnvcling 17. 18. 19. 20. 21. 22. 23. 24. public's safety. Day and night ti& lane closurts shall comply wl he Mmuals of Traffic Conaols. Standard Plans. and Standud Specifications for- traffic conml systcmj. These Gencd Provisioar yc not intended to impose upon the permince. by Lhird parties. any duty or smdard of care. greater than or differtnt from. Y requircd by law. MIMhiUM INERFERENCE TRAFFIC: Permittee shall plan and conduct work SO as to crmte the lust possible inconvenience to the aveling publici Idtic ,shall not be unreasonably delayed. On conventional ttighways. permittee, shall place property anired flaggerIs) to stop Or warir-the traveling public in compliance with the Manual of Tnffic Controls and Instructions IO FIaggea Pamphlet. STORAGE OF EQUIPMENT AND MATE&: Equipmnt and material stoage in SW right of way shall comply with Stan& SpccificUions. Standard Plans. and Special 'Provisions. Whenever he perminee placcs an obstacle within 3.63 m (123 feet of the tnvelcd way, the pemrinec shall place temporary railing (Type K). CARE OF DRAINAGE: Pcnniaa shall provide alternate drainage for any work.interfering wia an existing drainage facility in compI.iiui-cc with thc Standard Specifications. Standud Plans andlor as directed by thc Dcpanmtnt's Rprescntanvc. . REFTORATION ~ND REPAIRS IN RIGHT OF WAY: Permince is responsible for mtorarion and repair of State highway right of way rrsuiling from etled work (State Streets and Highways Codc. Scctions 670 et. sq.). RIGKT OF WAY UP: irpon completion of work. pennittee shall remove and dispose of all scraps. brush. timber. materials. etc. off the right of way. The aesthetics of the highway shall k as it was before work sraned. . .. COST OF WORK: Unless stated inthe permit. or P scpmte written agrumenL the permittee shall ky dl costs incurred for work within the State right of way and waives all claim for indemnification or conrribution fmm the Sue. ACTUAL COST BILLING: When specified in the pennit the Dcpmenc will bill the pennittce actual costs ig the currently set hourly me for encroachment pcrmiu. AS-BUILT PLANS: When requid. permittee shall submit one ( I) SIX of as-built plans in compliance with Dcp;mmcnt's requirements. PIans shall k submined within (30) days after completion and approval of work. k-Built plans or accompanying correspondence shall not include disclaimer starcmenu of any kind Such statements shall constitute nontompliance with thcsc provisions. Failurn to pmvidc complete and signed As-Buili plans shall k muse for bond or deposit retention by the Department. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agnxment (JUA) or a Consent to Common Use Agreement (CCUA). a fee exempt permit is issued to the pcmrit~~~ for the purpose of providing it notice and record of work. The Permittee's prior rights shall k preserved without the intention of creating new or different righrs or obligations. 'Notin and Record .Purposes Only" shall k stamped across the face of the permit. BONDMG: The permiRee sMI file bond(s), in advance. in the amount set by thc Dcpanmcnt. Failure to rnainr.ain bond(s) in full force and effect will rrsuk in the Department stopping of all work and Evoking pCnnit(s). Bonds m not required of public corporvions or privately owned utilities. unless permittee failed IO comply with thc provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedurrs. Section 337.15. Lowl agency pennincr shall comply with requirements cswblkhd as follows: In recognition lhat pmject conmudon work done on Sue property will not be dirtaly funded and paid by State. for the pup% of protecting stop notia ciaimvlts and the interests of Stve rrlative to successful project completion. the local agency pcminee agms to require the construction Conuactor furnish both a payment and perfonnancc bond in the local agency's name with both bonds complying with thc ~quircmcnu set fonh in Section 3-1 .M of Stx's current Standard Specifications before performing my projec[ construction work. The local agency permittee sW1 defend, indemnify. and hold hless the Sue. its officers and employees from all project consuucuon related claims by contractors ad J1 stop notice or mechanic's lien climmts. The local agency also agrees to remedy. in a timely mncr and to State's satisfaction. any lvent dcfecrs occurring as a result of the project construction work. . 8 I I I I 1 I DATE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CUSTOMER SERVICE QUESTIONNAIRE TR-0164 (REV 22001) - PERMIT NUMBER I uear Customer, Our goal is to provide the best service possible to our customers. Please take a few minutes to complete this questionnaire. Your comments will enable Us to see how we are doing overall and any areas which may need improvement. Please fax this comment sheet to (619) 688-6157. PLEASE TELL US HOW WE'RE DOING Staff courteous and helpful Staff quick and efficient Explanations and instructions clear Timely response Receiving information or answers inspector courteous and helpful Pie-construction meeting set and held in a timely manner . ,pector at job site frequently Inspector able to answer questions and deal with 3 problems I What would you say is our overall performance? Is there a staff person you would like to commend? STAFF'S NAME I COMMENTS: I For individuals with sensory disabilities. this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write ADA Notice Records and Forms Managemenla 1120 N Street MS-89. Sacramento, CA 95814, ,- Appendix D WPCP I I 1 -- 9 WATER POLLUTION CONTROL PROGRAM (WPCP) for AVENIDA ENCINAS ACCESS HOLE REHABILITATION PROJECT Caltrans Contract Number: WA Prepared for: CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 MR. MARK BISKUP, P.E. (760) 602-2763 Submitted by: PBS&J 175 CALLE MAGDALENA ENCINITAS, CALIFORNIA 92024 MR. MlKHAlL OGAWA, P.E. (760) 753-1 120 Project Site Address AVENIDA ENCINAS NEAR INTERSECTION WITH LOGANBERRY DRIVE Insert job site telephone number, if any-then TAB. Contractor’s Water Pollution Control Mananer To Be Determined WPCP Prepared by: PBS&J 175 CALLE MAGDALENA ENCINTAS, CALIFORNIA 92024 MR. MIKHAIL OGAWA, P.E., PROJECT MANAGER (760) 753-1 120 WPCP Preparation Date JANUARY 2003 Water Pollution Control Program (WPCP) Error! Reference soume not found . Contract No . N/A I Contents . . Section IO WPCP Certification and Approval ........................................................... 10-1 10.1 Contractor’s Certification and Approval by the Resident Engineer ..................... 10-1 Section 20 Project Information .................................................................................. 20-1 Section 30 Pollution Sources and Control Measures .............................................. 30-1 30.1 Soil Stabilization (Erosion Control) and Sediment Control ................................. 30-1 30.1 . 1 Soil Stabilization Practices ..................................................................... .3 0-1 Selected Soil Stabilization BMPs ............................................ 30-2 30.1.2 Sediment Control Practices ..................................................................... 30-2 Selected Sediment Control BMPs ........................................... 30-3 30.1.3 Tracking Control ...................................................................................... 30-3 30.1.4 Wind Erosion Controls ............................................................................. 30-4 30.2 Non-Storm Water Management BMPs ............................................................... 30-4 30.2.1 Selected Non-Storm Water Management BMPs ..................................... 30-5 30.3.1 Selected Waste Management and Materials Pollution Control BMPs ..... 30-6 30.1 . 1 .I 30.1.2.1 30.3 Waste Management and Materials Pollution Control BMPs ............................... 30-5 30.4 Water Pollution Control Drawings (WPCDs) ..................................................... .3 0-6 30.5 Construction BMP Maintenance. Inspection, and Repair .................................. .3 0-6 Section 40 Amendments ............................................................................................ 40-1 H:\Capital Improvement Rogram\3451 Sewer Access Hole Rehabilitation\Design\34511 Contract and Sped4 Appendix D.doc Page i Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A Section 10 WPCP Certification and Approval IO. 1 Contractor's Certification and Approval by the Resident Engineer CONTRACTOR'S CERTIFICATION OF WPCP "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, to the best of my knowledge and belief 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." - Signature Date Name and Title Telephone Number For Use by Caltrans Only RESIDENT ENGINEER'S APPROVAL OF WPCP I, andor personnel acting under my direction and supervision, have reviewed this WPCP and find that it meets the requirements set forth in the Special Provisions, the Caltrans Construction Site Best Management Practices Manual, and the Standard Specifications Section 7-1.01G - Water Pollution. RE's Signature Date of WPCP Approval RE's Name (printed) RE's Phone Number I H:\Capital improvement ProgramW.151 Sewer Access Hde Rehabilitation\Design!34511 Contract and Spw\4 Appendix D.doc Page 10-1 Water Pollution Control Program (WPCP) Error! Reference source not found, Contract No. N/A Section 20 Project Information 1. Introduction and Project Description: The project generally consists of removal and replacement of three sewer access holes, and asphalt overlay of approximately 20,450 square feet of pavement. The project site generally follows Avenida Encinas from approximately 100 feet west of Loganberry Drive, to approximately 700 feet east of Loganberry Drive within the City of Carlsbad, County of San Diego. The project site lies entirely within City of Carlsbad right of way, except for limited excavation which may encroach into Caltrans right of way and an existing earth swale. Two of the access holes will be replaced within the limits of Avenida Encinas. One access hole (AH- 04) will be replaced in a landscaped area to the east of Avenida Encinas within a City of Carlsbad sewer easement. Excavation associated with AH-04 may require removal of a portion of an existing fence adjacent to Caltrans right-of-way, and excavation of a portion of an existing earth swale adjacent to the Interstate-5 shoulder at approximately mile post 45 .O. Excavations associated with access hole removal and replacement are anticipated to range from approximately 10- to approximately 15-feet deep. Project drainage is generally conveyed to the west to the City of Carlsbad storm drain system and eventually to the Pacific Ocean. Total disturbed area within existing paved areas is approximately 20,450 square feet. Total disturbed are within existing landscaped areas is approximately 2,900 square feet, 2. Unique Site Features: Runoff from the site flows towards City of Carlsbad storm drain systems, which drain to the Pacific Ocean. 3. Project Schedule: The project will likely be bid during the roughly spring of 2003. Construct will be performed roughly during spring and summer of 2003. During construction, gravel bags will be placed outside of storm drain inlets and downslope from disturbed soil areas to reduce the potential for stormwater pollution. Disturbed soil areas will generally be returned to existing drainage condition and hydroseeded following completion of construction. Please see the attached erosion control and planting plan for details. 4. Potential Pollutant Sources: H:\CapiIal Improvement ProgramW51 Sewer Access Hole Rehabilitation\Design\34511 Contract and SpecsM Appendix D.doc Page 20-1 Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A The primary construction activities, related materials, and wastes that have the potential to pollute stormwater include: a) Soil disturbing activities and relulting exposed soil areas, including minor grading as indicated in the project description. b) Slurries fiom asphalt saw cutting and placement. c) Solid wastes fiom asphalt demolition and removal. d) Temporary on-site storage of construction materials, including asphalt, precast concrete access holes, and soil stockpiles. e) General site litter. Page 20-2 HCapital Improvement ProgramM51 Sewer Access Hole RehabiIitation\DesignM511 Contract and SpecsW Appendix D.doc Water Pollution Control Program (WPCP) Emf! Reference source not found. Contract No. N/A BMP No. SS-1 ”-* SS-3 SS-4 SS-5 SS-6 SS-7 SS-8 Section 30 Pollution Sources and Control Measures 30. I 30. I. I Soil Stabilization (Erosion Control) and Sediment Control Soil Stabilization Practices CHECKIF CHECK NOT IF IF NOT USED, STATE REASON BMP MINIMUM CONTRACT USED REQUIREMENT USED Scheduling J IXI [XIU J [XI IXIO Preservation of Existing Vegetation Hydraulic Mulch J (1) El 0 SS-3 or SS-6 utilized. Hydroseeding J (1) 0 0 SS-3 or SS-6 utilized. Soil Binder J (1) 0 c] Ix] SS-3 or SS-6 utilized. Straw Mulch J (1) Ix] Ix] SS-3 or SS-6 utilized. Covers, & Erosion J (1) 0 0 Ix] SS-3 or SS-6 utilized. Geotextiles, Plastic Control BlanketdMats Small drainage area. Gravel sedimentation. 0 [XI bags utilized to contain Wood Mulching 0 Temporary Concentrated FIow Conveyance ControIs Earth DikedDrainage SS-9 Swales & Lined Ditches Outlet Protection/ Devices 0 0 SS-IO Velocity Dissipation SS-I 1 Slope Drains (l) The Contractor shall select one of the five measures listed or a combination thereof to achieve and maintain the contract’s disturbed soil area (DSA) protection requirements. Small drainage area. Gravel bags utilized to contain 0 Ix] sedimentation at slopes and stockpiles. c] NO outlets on site. c] Ix] bags utilized to contain Small drainage area. Gravel sedimentation. c H:\Capital Improvement ProgramW51 Sewer Access Hole Rehabilitation\Design!34511 Contract and Sped4 Appendix D.dm Page 30-1 Water Pollution Control Program (WPCP) Error! Reference soume not found. Contract No. N/A Desilting Basin - 30. I. I. I Selected Soil Stabilization BMPs Soil disturbing activities consist of minor landscaping, and excavation of pits around existing access holes to allow for removal and replacement. As previously discussed, excavation surrounding AH-04 may disturb soils in the vicinity of an existing Caltrans drainage swale. Small drainage area. Gravel sedimentation. 0 bags utilized to contain 0 SS-2 Preservation of existing vegetation Check Dam Fiber Rolls Gravel Bag Berm Clearing and grubbing will be limited to the 20-foot wide City of Carlsbad sewer easement necessary for removal and installation of AH-04. Surrounding areas of existing vegetation will be protected in conformance with SS-2, Preservation of Existing Vegetation. Small drainage area. Gravel sedimentation. 0 bags utilized to contain 0 €XI IXIO 0 0 SC-6 utilized SS-3 (hydraulic mulch) or SS-6 (straw mulch) Sandbag Barrier Straw Bale Barrier Hydraulic mulch or straw mulch will be utilized to reduce erosion following completion of construction activities in landscaped areas. Ill 0 SC-6 utilized 0 0 SC-6 utilized 30.1.2 Sediment Control Pracfices BMP No. sc-1 s c-2 sc-3 sc-4 sc-5 SC-6 sc-7 sc-8 sc-9 - CHECKIF NOT IF NOT USED, STATE CHECK IF REASON CONTRACT USED BMP REQUIREMENT USED II Gravel bag barrier utilized at the base of disturbed slopes. Silt Fence Sediment Trap I Small drainage area. Gravel bags utilized to contain sedimentation. I I IIXIIOI Street Sweeping and Vacuuminq H:\Capital Improvement Program\3451 Sewer Access Hole RehabiIitatim\DesignW511 Contract and SpecsW Appendix D.dm Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A - CHECKIF IF NOT USED, STATE CHECK IF BMP CONTRACT USED NOT REASON BMP No. REQUIREMENT USED J Ea Storm Drain Inlet 30.1.2. I Selected Sediment Control BMPs SC-6 Gravel Bag Berm Gravel bags will be placed downslope from areas where soil will be disturbed as shown on the Erosion control and Planting plan. SC-7 Street Sweeping and Vacumming A dry method of street sweeping will be performed including hand sweeping as necessary. SC-10 Storm Drain Inlet Protection Gravel bags will be placed in front of the inlet to a potentially affected storm drain near the intersection of Avenida Encinas and Loganberry Drive. The purpose of the gravel bags is to reduce the quantity of sediment introduced into the storm system. 30. I. 3 Tracking Control The exit area from disturbed soils in the vicinity of AH-04 is located at the west end of the 20-foot wide sewer easement adjacent to Avenida Encinas. Regular street sweeping will be implemented to reduce tracking. CHECK IF CONTRACT NOT REQUIREMENT USED CHECKIF USED MINIMUM BMP BMP No. Stabilized Construction Entrance/Exit TC-l 0 0 Ixi I I I I I I Stabilized Construction TC-2 I Roadway Entrance/Outlet Tire Wash Tc-3 0 ow IF NOT USED, STATE REASON Disturbed soil area is relatively small portion of project. Limited impact anticipated. Disturbed soil area is relatively small portion of project. Limited impact anticipated. Disturbed soil area is relatively small portion of project. Limited impact anticipated. H:\Capibl Improvement PmgrarnU451 Sewer Access Hole Rehabilitation!D&gnW511 Contract and SpecsW Appendix D.dx Page 30-3 Water Pollution Control Program (WPCP) Error1 Reference source not found. Confract No. N/A BMP No. NS-l I CHECK IF CONTRACT NOT REQUIREMENT USED CHECKIF USED MINIMUM BMP BMP No. J Street Sweeping and Vacuuming sc-7 CHECKIF CHECK NOT IF IF NOT USED, STATE REASON BMP CONTRACT USED REQUIREMENT USED Construction not anticipated 0 KI to reauire sianificant water. Water Conservation Practices IF NOT USED, STATE REASON Dry method including hand sweeping will performed as necessary on roadways and sidewalks. 30.1.3. I Selected Tracking Control BMPs SC-7 Street Sweeping and Vacuuming Sediment sweeping and vacuuming will be provided on a regular basis on Avenida Encinas which is adjacent to disturbed soil areas. 30. I. 4 Wind Erosion Controls Wind erosion controls will be applied as necessary to prevent nuisance dust as required by the Standard Specifications, the Special Provisions, BMP WE-1, Wind Erosion Control, and as directed by the Engineer. The soil stabilization BMPs selected for the project will also provide wind erosion control benefits. _- SS-3 (hydraulic mulch) or SS-6 (straw mulch) Hydraulic mulch or straw mulch will be utilized to reduce the potential for wind related erosion. 30.2 Non-Storm Water Management BMPs The project will include the following activites that have the potential to generate non-storm water discharges : a) Asphalt concrete saw cutting, grinding and paving. b) Dust control/watering for soil compaction. 11 NS-2 I Dewatering Operations 1 II Shallow groundwater not anticiDated. H:\Capital Improvement Prcgram\3451 Sewer Access Hole Rehabilitation\Design\34511 Ccntract and SpecsU Appendix D.dw Page 30-4 c NS-3 NS-4 Water Pollution Control Program (WPCP) Emr! Reference source not found. Contract No. N/A CHECKIF NOT IF NOT USED, STATE CHECK IF REASON BMP USED CONTRACT BMP No. REQUIREMENT USED El IXIO 0 0 [XI site. Paving and Grinding Operations Temporary Stream Crossina Streams not within project NS-5 NS-6 NS-7 - Clear Water Diversion 0 0 El NA 0 0 [XI NA J 1xI [XI0 Illicit Discharge/lllegal Dumping Reporting Potable Water/lnigation Vehicle and Equipment NS-10 I Maintenance Vehicle and Equipment Operations NS-8 Cleaning NS-9 Fuelina J J Vehicle and Equipment Vehicle and Equipment 30.2.1 Selected Non-Storm Water Management BMPs - The following BMP’s will be implemented for asphalt concrete saw-cutting, and asphalt paving: IXI [XI0 Ix1 IXIU NS-3, Paving and Grinding Operations. NS-6, Illicit Discharge/Illegal Dumping Reporting. NS-7, Potable Water/Irrigation. NS-8, Vehicle and Equipment Cleaning. NS-9, Vehicle and Equipment Fueling. NS- 10, Vehicle and Equipment Maintenance. 30.3 Waste Management and Materials Pollution Control BMPs The following construction materials and wastes, which have the potential to cause stormwater pollution, will be generated on-site or be brought on-site for immediate use or temporary storage. a) Raw landscape materials and wastes (topsoil, plant material, herbicides, fertilizer, mulch). b) BMP materials. c) PCC rubble associated with access hole removal. I d) Asphalt concrete. H:\Capital Improvement Program\3451 Sewer Access Hole RehabilitationDesignW511 Contract and SpeaCl Appendix D.doc Page 30-5 Water Pollution Control Program (WPCP) Error! Reference source not found. Contract No. N/A W'-l WM-2 WM-3 e) General litter. J IXI NO Material Delivery and Storage Material Use J IXI Ixlo Asphalt not anticipated to be stockpiled on site. Asphalt 0 0 not antipated to be placed during precipitation. 0 Asphalt Concrete Stockpiles IF NOT USED, CHECK IF MINIMUM CHECK IF CHECK IF BMP No. I BMP I REQUIREMENT I Rztg&T I USED I tg 1 STATEREASON WM-5 J IXI mu Solid Waste Mananement Spill Prevention and II Significant quantites of 0 I I I hazardousmaterials Hazardous Waste WM-6 I Management Contaminated soil not 0 I I I anticipated on site. Contaminated Soil WM-7 I Management Concrete Waste Management WM-8 Significant quantities of concrete waste not anticiDated. SanitaryKeptic Waste Management WM-9 I Significant quantities of 30.3.7 Selected Waste Management and Materials Pollution Control BMPs The BMP's checked above will be implemented on the project. Because of site constraints, most materials and wastes will be immediately used and removed, respectively. BMP materials will be mixed/prepared off-site and only brought on-site by the erosion control contractor or immediate applicatioddeployment. Removed access holes and portions thereof will be loaded directly into trucks for immediate removal. 30.4 Water Pollution Control Drawings (WPCDs) The water pollution control drawings are included as an attachment to this Water Pollution Control Program. 30.5 Construction BMP Maintenance, Inspection, and Repair - The inspection, maintenance and repair program is as follows: HACapital improvement PmgrarnW51 Sewer Access Hole Rehabilitation\DesignW511 Contract and Specs\4 Appendix D.doc Page 30-6 Water Pollution Control Program (WPCP) Emf! Reference source not found. Contract No. N/A MaintenancdRepair Measures SS-3or SS-6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. SC-6 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. sc-7 Daily Daily Perform street sweeping on daily basis. 1 sc-10 Bi-weekly Bi-weekly Inspect installed equipment and repair or replace as necessary. NS-6 Weekly Weekly Inspect site during project execution for evidence of illicit discharges. I NS-7 I Weekly 1 Weekly I Repair broken water lines as soon as possible. NS-8 Weekly Weekly Remove vehicles and equipment that leak. NS-9 Weekly Weekly Keep spill cleanup equipment on site. Clean up spills A.S.A.P. 11 NS-10 I Weekly I Weekly I Keep spill cleanup equipment on site. Clean up spills A.S.A.P. WM-1 Weekly Weekly Keep storage areas in good condition. Keep cleanup materials stocked. W M-2 Monthly Monthly Ensure appropriate employee procedures are being followed. 1 WM-4 I Monthly I Monthly I VeriQ cleanup supplies are near material storagehansfer areas. WM-5 Weekly Weekly Monitor on site solid waste disposal/storage procedures. WM-9 Weekly Weekly Monitor on site sanitarykptic waste storage and disposal procedures. H:\Capital Improvement ProgramW451 Sewer Access Hole Rehabilitation\DesignW4511 Contract and Sped4 Appendix D.doc Page 30-7 Water Pollution Control Program (wpcp) Error1 Reference source not found. . Contract No. N/A Section 40 Amendments Construction Contractor's Certification of the WPCP Amendment "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature Date Name and Title Phone Number For Use by Caltrans Only RESIDENT ENGINEER'S APPROVAL OF WPCP AMENDMENT I, and/or personnel acting under my direction and supervision, have reviewed this WPCP amendment and find that it meets the requirements set forth in the Special Provisions, the Construction Site Best Management Practices Manual, and the Standard Specifications Section 7- 1.01G - Water Pollution. RE's Signature Date of WPCP Approval RE'S Name (printed) RE's Phone Number Page 40-1 CITY OF CARLSBAD San Diego County California Technical Specifications FOR AVENIDA ENCINAS SEWER REHABILITATION PROJECT CONTRACT NO. 3451 August 2003 Item - TABLE OF CONTENTS Page Section 03460, Precast Concrete Manholes ..................................................................... 03460- 1 Section 03475, PVC Lining for Interior Concrete Surface of Manholes ........................ 03475-1 Section 06652, Fiberglass Manhole Installation .............................................................. 06652- 1 SECTION 03460 PRECAST CONCRETE MANHOLES PART 1: GENERAL 1.1 Description Precast concrete manholes shall be constructed in accordance with the design, size and details and at the locations shown on the Plans. Specifications for related work are as follows: ASTM C478, Concrete; ASTM A48, Gray-Iron Castings; California Construction Safety Orders Article 4, Section 1532, Confined Spaces. 1.2 Related Work Described Elsewhere The Contractor shall refer to the following Specification section(s) for additional requirements: A. Shop Drawing Submittals: SSPWC 2003, Section 2-5.3 B. Earthwork: SSPWC 2003, Section 300 C. Concrete Construction: SSPWC 2003, Section 303 D. PVC Lining for Interior Concrete Surface of Manholes: 03475 - 1.3 Submittals Contractor shall furnish submittals in accordance with the requirements of Section 01 300, Shop Drawing Submittals. The following submittals are required: A. Submit Shop Drawings of the precast manhole. 1.4 Payment Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. PART 2: MATERIALS 2.1 Precast Manholes Precast reinforced concrete manhole riser and tops shall be constructed of Class A concrete and shall conform to the Specifications of ASTM C478, except as herein modified. The minimum allowable steel shall be hoops of No. 4 wire, to be cast into each unit at adequate places as a precautionary measure for handling. Manhole components shall be designed for H-20 highway loads and site soil conditions. 4% tSREVISED 7/29/02 CONTRACT NO. 3451 03460-1 of 6 The minimum nominal shell thickness for formed and vibrated sections shall be 1/8 of the internal diameter of the riser or largest cone diameter. Manholes shall be fabricated only from eccentric taper sections and standard cylinder units of the proper internal diameter. Manhole sections shall be cast without galvanized steel ladder rungs unless otherwise shown on the Plans. . Precast manholes shall be furnished with a PVC lining (T-lock) system per Section 03475. Precast concrete manholes shall be manufactured by Associated Concrete Products, Ameron, Southwest Concrete Products, Inland Concrete Products, or approved equal. 2.2 Drop Manholes The materials and construction of drop manholes shall conform to the applicable provisions of the Specifications for precast manholes (including frames and covers), except as herein modified by Specifications and/or Plans. Drop manhole sections shall be lined with an epoxy lining as manufactured by Armco T-plate or approved equal. 2.3 Manhole Frames and Covers Castings for frame and cover sets shall conform to the requirements for gray iron castings in ASTM A48 for Class 30 castings. Frames and covers shall be designed for H-20 loading. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection, after which they shall be dipped twice in a preparation of asphalt or coal tar and oil applied at a temperature of not less than 290" F nor more than 31 0" F and in such a manner as to form a firm and tenacious coating. Each cover shall be ground or otherwise finished so that it will fit in its frame without rocking, and frames and covers shall be match-marked in sets before shipping to the site. Covers shall have the word "SEWER" and the specified initials cast thereon as shown on the Plans. No other lettering on the top side will be permitted. - PART 3: EXECUTION 3.1 General Manhole locations are fixed and cannot be moved to accommodate pipe manufacturing or laying. If necessary, special lengths will be provided to meet manhole location requirements. 3.2 Work Within Existing Manhoies Any proposed Work inside an existing manhole, which is part of a sewage system in service, shall not be undertaken until all the tests and safety provisions of Article 4, Section 1532 "Confined Spaces" State of California Construction Safety Orders have been made. 4- REV1 S ED 7/29/02 CONTRACT NO. 3451 03460-2 of 6 3.3 Excavation The Contractor shall prepare an excavation large enough to accommodate the structure and permit grouting of openings and backfilling operations. Earthwork shall conform to the SSPWC Section 300, Earthwork, except as herein modified. 3.4 Manhole Base The manhole base shall be poured in place against undisturbed soil with Class A portland cement concrete. The manhole stubs and sewer main shall be set before the concrete is placed and shall be rechecked for alignment and grade before the concrete has set. The various sized inlets and outlets to the manhole shall be located as indicated on the Plans. The manhole base shall extend 12-inches below the bottom of the lowest pipe. Invert elevations of connecting sewers may vary depending upon sizes. The crown elevation of all pipes shall be the size as the crown elevation of the largest pipe unless otherwise indicated on the Plans. The invert of the manhole base shall be hand worked so as to provide channels conforming in size and shape to the lower portions of the inlets and outlets. The channel shall vary uniformly in size and shape from inlet to outlet, and be constructed higher than pipe as indicated on the Plans. The manhole invert channels shall be smooth and accurately shaped. Channels may be formed directly in the concrete base. All transitions shall be smooth and of the proper radius to give an uninterrupted transition of flow. The concrete base shall be shaped with a wood float and shall receive a hard-steel trowel finish prior to the concrete setting. In the event additional mortar is required after initial set has taken place, the surface to receive the mortar shall be primed, and the mortar mixed with "Willhold Concrete Adhesive'' in the amounts and proportions as recommended by the manufacturer and as directed by the Owner's Representative in order to secure as chip-proof a result as possible. The bases shall set a minimum of 24 hours before the manhole construction is continued. In certain critical situations the time of setting may be reduced upon approval of the Owner's Representative . 3.5 Manholes Each manhole section shall be set in a bed of mortar to make a watertight joint, shall be neatly banded on the inside and out, and shall be set perfectly plumb. Sections of various height grade rings shall be used in order to bring the top of the manhole ring and cover to the elevation established on the Plans, but limited to maximum of 18-inches of grade ring unless otherwise instructed by the Owner's Representative. The precast concrete manhole rings shall be jointed with a minimum thickness of M-inch of portland cement mortar. a %#REV1 SED 7/29/02 CONTRACT NO. 3451 03460-3 Of 6 Mortar shall be composed of one part portland cement to two parts of clean well-graded sand of such size that all pass a No. 8 sieve. Cement, aggregate, and water for mortar shall conform to the applicable provisions of the SSPWC 2003, Section 303, Concrete Construction. Preformed, cold-applied, ready-to-use plastic joint sealing compound may be substituted for mortar between units and must be used when groundwater is encountered. The finished elevations at which manhole frames and covers are to be set shall conform to the requirements set forth on the Plans, but in all cases shall be governed by the Owner's Representative in the field. Where the frame and cover are in existing pavement or in the traveled way of the existing road shoulder, it is to be placed flush with the existing surface. Where the structure is outside the limits of the traveled shoulder but not in the roadside ditch, it should be placed l/lO-foot above the existing ground surface. Where the manhole coverfalls in the existing roadside ditch or easement right-of-way "offsite," it is to be placed approximately 18- inches above the existing ground surface or as directed by the Owner's Representative. Manhole frames shall be set at the required grade and shall be securely attached to the top precast manhole shaft unit with a cement-mortar bed and fillet as shown on the Plans. After the frames are securely set in the place provided herein, covers shall be installed and all necessary cleaning and scraping of foreign materials from the frames and covers shall be accomplished to ensure a fine satisfactory fit. 3.6 Manhole Stubs and Stoppers Sewer pipe shall be furnished and installed in manholes at the locations and in conformance with the Plans. All stubs shall be plugged with stoppers or brick wall plugs as shown on the Plans for various sizes of pipe. Where new construction is started at the stub of an existing manhole, the Contractor shall brick the opening into the manhole before he removes the plug or stopper from the stub. Said bricked opening shall remain in place until the Contractor has tested and completed the Work. - 3.7 Bulkheadinn Manhole Stub Channels Brick and mortar bulkheads shall be installed by the Contractor at the downstream end of all unused stub channels over 5-feet in length to prevent the creation of a septic condition resulting from ponding of sewage and debris in the unused channels, until such time as the manhole stub is connected and normal sewage flow can occur. On short stub only a plug will be required. 3.8 Plunging Upstream End of the New Sewer In order to prevent accidental use of the new sewer prior to completion and acceptance, the inlet to existing tie-in manholes shall be sealed with broken brick and mortar. Installation of these plugs shall be approved by the Owner's Representative. Plugs shall be removed at the time of final inspection or as directed by Owner's Representative. e* %# REV1 S E D 7/29/02 CONTRACT NO. 3451 03460-4 of 6 3.9 Damp-proofing -. At the discretion of the Engineer, Damp-proofing material shall be applied to the exterior surfaces of manholes in accordance with the manufacturer's recommendations. The material shall be applied to all exterior surfaces below a point one foot above the water table or indications of seepage or moisture as directed by the Engineer. 3.10 Backfill Select backfill material consisting of clean sand shall be used around all manholes. It shall be consolidated by water jetting or compacted by pneumatic tampers to obtain a relative density of 95% unless otherwise specified on the Plans. 3.11 Concrete Ring A Class B concrete ring shall be cast around manhole frames that are flush with the surface as shown on the Plans. The ring shall be placed after final grading or paving together with final cleanup. 3.12 Watertightness of Manholes A. B. General: It is the intent of the Specifications that manholes and appurtenances be watertight and free from infiltration. All manholes are to be banded both inside and outside with cement-mortar grout. Where manholes are to be given a protective lining or coating, they shall be free of any seeping or surface moisture. The adequacy of manholes and appurtenances as to watertightness shall be determined by the Owner's Representative and shall be tested by filling with water. Manhole Test: Watertightness of manholes may be tested in connection with tests of sanitary sewers or at the time the manhole is completed and backfilled. The Contractor shall plug all inlets and outlets with approved stoppers or plugs and fill the manhole to the limits indicated below. Any evidence of leakage as a result of testing shall be repaired to the satisfaction of the Owner's Representative. The manhole shall be filled with water to an elevation I-foot below the start of the cone section, with a minimum depth of 4-feet and a maximum depth of 20-feet. The water shall stand in the manhole for a minimum of one hour to allow the manhole material to reach maximum absorption. After the one-hour period has elapsed, the Contractor shall refill the manhole to the original depth and the drop in water surface shall be recorded after a period of from fifteen minutes to one hour has elapsed (said time of the test shall be determined by the Owner's Representative and shall be varied by the Owner's Representative to fit the various field conditions). .- em \# REV1 S ED 7/29/02 CONTRACT NO. 3451 03460-5 of 6 ,- - The maximum allowable drop in the water surface shall be %inch for each 15-minute period of testing. Even though the leakage is less than the specified amount, the Contractor shall stop any leaks that may be observed to the satisfaction of the Owner's Representative. C. Vacuum Testing of Manholes: At the owner's option the manholes may be vacuum tested in lieu of water test. Vacuum testing shall include the following: 1. Vacuum testing equipment shall be as manufactured by P.A. Glazier, Inc. or approved equal. 2. Manholes shall be tested after assembly and prior to mortaring the joints or backfilling. In case of manholes incorporating a PVC liner, the testing is to take place prior to mortaring the joints, welding the linear seams between sections or backfilling. 3. All lift holes shall be plugged with an approved grout prior to testing. 4. All pipes entering the manhole shall be plugged, and bracing installed, to prevent the plug from being drawn into the manhole, 5. The test head shall be placed inside the top of the cone section and the seal inflated in accordance with the manufacturer's recommendations. 6. A vacuum of 10 inches of mercury shall be drawn. The time shall be measured for the vacuum to drop to 9 inches. The manhole shall pass the test if the time taken for the drop is greaterjhan 60 seconds. 7. If the manhole fails the test, necessary repairs shall be made and the test repeated until acceptable results are obtained. The leak(s) shall be located and repaired according to their nature with material-in-kind. 3.13 Connections to Existing Manholes New connections to existing manholes wherein stubs have not been provided shall be made by core drilling through the walls and base as directed by the Owner's Representative. END OF SECTION em \@REV1 SED 7/29/02 CONTRACT NO. 3451 03460-6 of 6 SECTION 03475 PVC LINING FOR INTERIOR CONCRETE SURFACE OF MANHOLES PART 1 - GENERAL I .I Description This section covers the work necessary to furnish and install, complete, PVC lining (white color) for concrete surfaces that are exposed to sewage immersion or sewage atmosphere, as indicated on the drawings or specified herein. The manufacturer of the lining shall furnish an affidavit attesting to the successful use of its material as a lining for sewer pipes or sewage containment structures for a minimum period of 10 years in sewage conditions recognized as corrosive or otherwise detrimental to concrete. I .2 Related Work Described Elsewhere The Contractor shall refer to the following Specification section(s) for additional requirements: A. Shop Drawing Submittals: SSPWC 2003, Section 2-5.3 B. Precast Concrete Manholes: 03460 1.3 Submittals The Contractor shall furnish in accordance with the requirements of Section 01300, Shop Drawing Submittals. Submittals shall include the following: A. Shop Drawings, material lists, manufacturer's literature, catalog cuts and other information. B. Submit an affidavit from the liner manufacturer that all delivered materials comply with the requirements of the Plans and Specifications. 1.4 Payment Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. PART 2 - MATERIALS 2.1 General - PVC liner shall be of two (2) types: Type 1 shall have locking extensions and shall be used for formed or vertical surfaces. 4- REV1 S ED 7/29/02 CONTRACT NO. 3451 03475-1 OF7 Type 2 shall not have locking extension (it will be plain sheet), and shall be used for unformed or horizontal surfaces. ,- / Type I PVC liner shall be installed on the interior concrete surface of the manhole. Type 2 PVC liner shall be used on the unformed concrete fillet areas of the manhole. If not otherwise specified hereinafter, undifferentiated references to "PVC Liner" shall be understood to refer to both Type 1 and Type 2 liner. Type -l PVC liner shall be secured to the underlying surface by means of its locking extensions. Type 2 PVC liner shall be secured to the underlying surface primarily by means of an adhesive as recommended by the PVC liner manufacturer. The adhesive anchorage shall be augmented by stainless steel expansion anchors. The mechanical anchorage system (including sealing materials, batten strips and other accessories) shall be as recommended by the manufacturer. Explosive-drive anchors shall not be used for this purpose. Anchors shall be Type 304 stainless steel "Lite Spike" (3/16-inch diameter x 1%-inch long with EPDM sealing washer) installed in a drilled hole per the anchor manufacturer's recommendations. The anchor manufacturer shall be Rawlplug Company (Anaheim, California) or approved equal. - Anchor holes shall be sealed using Sikadur No. 31 (Sika Corporation; Santa Barbara, California) or "Concressive Past LPL" (Master Builders; Cleveland, Ohio). A sealing agent such as Sikaflex IA that does not setup and harden shall not be used. A four inch (4") wide joint strip shall be welded over all mechanical anchors to seal them from contact with the sewage. Use Ameron's one inch (1") wide weld strip on both sides of the four inch (4") wide joint strip to seal it to the underlying Amer-Plate. The seal shall be continuous and watertight along its entire length. A single, continuous piece of joint strip shall be provided to cover each row of anchors. 2.2 Composition of Liner The material used in the liner and in all joint, corner and welding strips shall be a combination of poly (vinyl chloride) resin, pigments and plasticizers, specially compounded to remain flexible. Poly (vinyl chloride) resin shall constitute not less than 99 percent, by weight, of the resin used in the formation. Copolymer resins will not be permitted. All plastic liner plate sheets, joint, corner, and welding strips shall nave the following physical properties when tested at 77" F+ 5". ProDerty Tensile Strength Elongation at Byeak Shore Durometer Type D Weight Change ew ts REVlS E D 7/29/02 Initial 2,200 psi min. - -200% min. 1 -spec. 50-60 IO-spec. 35-50 CONTRACT NO. 3451 fPar.2.4) 2,100 psi min. 200% min. +5 with respect to 25 initial test result *I 5% 03475-2 OF 7 Tensile specimens shall be prepared and tested in accordance with ASTM D412 using die. Weight change specimens shall be I-inch by 3-inch sample of the sheet thickness. Specimens may be taken from sheet and strip at any time prior to final acceptance of the work. -5 Liner plate locking extensions embedded in concrete shall withstand a test pull of at least 100 pounds per linear inch, applied perpendicularly to the concrete surface for a period of one minute, without rupture of the locking extensions or withdrawal form embedment. This test shall be made at a temperature of 70-80°F inclusive. All plastic liner plate sheets, including locking extensions, all joint, comer, and welding strips shall be free of cracks, cleavages, or other defects adversely affecting the protective characteristics of the material. The Engineer may authorize the repair of such defects by approved methods. The lining shall have good impact resistance, shall be flexible, and shall have an elongation sufficient to bridge up to %-inch settling cracks, which may occur in the pipe, joint of structure after installation, without damage to the lining. The lining shall be repairable at any time during the life of the pipe or structure. 2.3 Chemical Resistance Testing After conditioning to constant weight at IlO"F, tensile specimens and weight change specimens shall be exposed to the following solutions for a period of 11 2 days at 77"F&5. - At 30 day intervals, tensile specimens and weight change specimens shall be removed from each of the chemical solutions and tested in accordance with Paragraph 2.3.2. If any specimen fails to meet the 1 12-day requirements before completion of the 1 12-day exposure, the materials will be subject to rejection. CHEMICAL S 0 L UT I ON CONCENTRATION Sulfuric Acid o* ............................................................ 20 h Sodium hydroxide ....................................................... 5% Ammonium hydroxide ................................................ 5%* Nitric acid .................................................................... I % Ferric chloride ............................................................. I YO Soap ........................................................................ 0.1 % Detergent (linear alkyl benzyl sulfonate or LAS) ..... 0.1% Bacteriological .................................... BOD not less than 700ppm * Volumetric percentages of concentrated CP grade reagents. PISREVIS ED 7/29/02 CONTRACT NO. 3451 03475-3 OF 7 2.4 Dimension of Basic Size Sheet ($-foot widths) - Type I linear sheets shall be minimum of 0.065-inch in thickness. Locking extensions (T- shaped) of the same materials as that of the liner shall be integrally extruded with the sheet. Locking extensions shall be approximately 2.5-inches apart and shall be at least 0.375- inches high. Type 2 liner sheets shall be 3/32-inch in thickness. Liner sheets shall be white in color. Sheets shall have a nominal width of 48-inches and a length of not more than 24-feet, except that longer lengths may be supplied on special order. Lengths specified shall include a tolerance at a ratio of +%-inch for each 100-inches. Sheets no used for shop fabrication into larger sheets shall be shop tested for pinholes using an electrical spark tester set at 20,000 volts minimum. Any holes shall be repaired and retested. 2.5 Manufacturer Liner and accessories shall be Amer-Plate Y T-Lock liner, Amer-Plate plain sheet liner, Amer-Plate 94Y welding strips, and Amer-Plate 19Y adhesive system (thinner, primer and adhesive) as manufactured by Ameron Protective Linings Division (Brea, California) or approved equal. PART 3 - EXECUTION - 3.1 Installation Installation of the lining, including preheating of sheets in cold weather and the welding of all joints, shall be done in accordance with the recommendations of the manufacturer. Coverage of the lining shall not be less than the minimum shown on the Plans or specified herein. The plain sheet PVC liner shall be welded to the PVC wall liner around the entire periphery of the protected strictures. The lining shall be installed with the locking extensions running vertically except for where horizontal locking extensions are recommended by the PVC liner manufacturer to seal liner terminations. The lining shall be held snugly in place against inner forms by means of steel banding straps or other means recommended by the manufacturer. Banding straps must be located in the precut channels to prevent crushing or tilting of the locking extensions. If banding straps are used, a steel channel, angle, or bar may be inserted along the edge locking extension of each liner for concrete pipe or cast-in-place structures. Steel channel, angle, or bar shall be of sufficient stiffness to hold the longitudinal edges of the lining snugly against the form. These may be removed after the concrete is vibrated into place. .- 4- tsREVlS ED 7/29/02 CONTRACT NO. 3451 03475-4 OF 7 Locking extensions shall terminate not more than one .and one-half inches (1 %") from the end of the formed wall section. When used, joint flaps shall extend approximately four inches (4") beyond the end of the inside surface. - Concrete poured against the PVC liner shall be vibrated, spaded, or compacted in a careful manner so as to protect the lining and produce a dense, homogenous concrete, securely anchoring and locking extensions into the concrete. In removing forms, care should be taken to protect the lining from damage. Sharp instruments shall not be used to pry forms from lined surfaces. When forms are removed, any nails that remain in the lining shall be pulled, without tearing the lining, and the resulting holes clearly marked. Form tie holes shall be marked before ties are broken off and all areas of serious abrasion or damage shall be marked. All nail and tie holes and all cut, torn, and seriously abraded areas in the lining shall be patched. Patches made entirely with welding strip shall be fused to the liner over the entire patch area. Larger patches may consist of smooth liner sheet applied over the damaged area with adhesive. All edges must be covered with welding strip fused to the patch and to the sound lining adjoining the damaged area. Hot joint compounds, such as coal tar, shall not be poured or applied to the lining. The Contractor shall take all necessary measures to prevent damage to installed lining from equipment and materials used in or taken through the work. 3.2 Special Requirements for Cast-In-Place Structures A. - B. Placement of liner within forms: Liner sheets Shall be closely fitted and properly secured to the inner forms. Sheets shall be cut to fit curved and warped surfaces using a minimum number of separate pieces. If liner joints are to be Type C-3 joints (as described in Paragraph SC-9.9), the adjacent sheets shall be butted with not more than 1/8-inch opening between the sheets. A welding strip fusion-welded on the back of butt joint or other means recommended by the manufacturer shall be used to prevent wet concrete from flowing around edges. Interfaces Between Concrete and Non-Concrete Surfaces: Unless otherwise shown on the Plans, the lining shall be returned at least three inches (3") at the surfaces of contact between the concrete structure and items not of concrete (including vitrified clay, ductile iron, or PVC pipes). The same procedure shall be followed at joints where the type of protective lining is changed or the new work is built to join existing unlined concrete. At each return, the returner liner shall be sealed to the item in contact with the plastic-lined concrete using the manufacturer's recommended adhesive system. If the liner cannot be sealed with this adhesive because of the joint at the return being too wide or rough or because of safety regulations, the joint space shall be densely caulked with Concressive LPL (Master Builders Company) to one inch (I") depth of an approved corrosion resistant material as necessary. The hole cut in Type 2 PVC liner to accommodate penetrations shall be small enough so that after pressing the liner over the penetration, a minimum of one inch (1") of liner shall lay flat on the penetration. CONTRACT NO. 3451 03475-5 OF 7 Lining at joints shall be free of all mortar and other foreign matter and shall be clean and dry before joints are made. C. Field Joints in the PVC Liner: Field Joints In the lining shall be of the following described types, used as prescribed: Tvpe C-I: The joint shall be made with a separate 4-inch joint strip and two (2) welding strips. The four inch (4") joint strip shall be centered over the joint, tack- welded to the liner then welded along each edge to adjacent sheets with one inch (1") weld strip. The width of the space between adjacent sheets shall not exceed two inches (2"). The four inch (4") joint strip shall lap over each sheet a minimum of one-half inch (%"). It may be used at any transverse or longitudinal joint. Tvpe C-2: The joint shall be made by lapping sheets not less than one-half (XI'). One welding strip is required. The upstream sheet shall overlap the one downstream. The lap shall be tack-welded into place prior to welding. Tvpe C-3: The joint shall be made by applying one inch (I") wide welding strip on the back of the butt joint or by some other method by the manufacturer to prevent wet concrete from getting under the sheet. After the forms have been stripped, a one inch (1") welding strip shall be applied over the face of the sheet. All welding is to be in strict conformance with the recommendations of the lining manufacturer and with the requirements given herein. Welding shall fuse both sheets and weld strip together to provide a continuous joint equal in corrosion resistance and impermeability to the liner plate. Hot-air welding guns shall provide effluent air to the sheets to be joined at a temperature between 500°F and 600°F. Welding guns shall be held approximately one-half inch (%'I) from and moved back and forth over, the junction of the two (2) materials to be joined. The gun shall be moved slowly enough as the weld progresses to cause a small bead of molten material to be visible along both edges and in front of the weld strip. D. Testing and Repairing Damaged Surfaces: All surfaces covered with lining, including welds shall be tested with an approved electrical holiday detector (Tinker & Rasor Model No. AP-W with power pack) with the instrument set at 20,000 volts minimum. All welds shall be physically tested by a nondestructive probing method. All patches over holes, or repairs to the liner wherever damage has occurred, shall be accomplished in accordance with Paragraph C. Each transverse welding strip which extends to a lower end of the liner will be tested by Owner. The welding strips shall extend two inches (2") below the liner to provide a tab. A ten (IO) pound pull will be applied to each tab. 4w %#REVISED 7/29/02 CONTRACT NO. 3451 03475-6 OF 7 The force will be applied normal to the face of the structure by means of a spring balance. Liner adjoining the welding strips will be held against the concrete during application of the force. The ten (IO) pound pull will be maintained if a weld failure develops, until no further separation occurs. Defective welds will be retested after repairs have been made. Tabs shall be trimmed away neatly by the installer of the liner after the welding strip has passed inspection. Inspection shall be made within two (2) days after the joint has been completed in order to prevent tearing the projection weld strip and consequent damage to the liner from equipment and materials used in or taken through the work. END OF SECTION em %#REVISED 7/29/02 CONTRACT NO. 3451 03475-7 OF 7 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION PART 1 - GENERAL I .I DESCRIPTION A. B. C. D. E. Scope: 1. This specification shall govern for the furnishing of all work necessary to accomplish and complete the installation of glass-fiber reinforced polyester manholes. Glass-Fiber Reinforced Polyester Manholes shall be a one-piece monolithic designed unit constructed of glass-fiber reinforced, supplier certified, unsaturated isophthalic polyester resin containing chemically enhanced silica to improve corrosion resistance, strength and overall performance. FRP manholes shall be manufactured in strict accordance with ASTM 0-3753 "Sfandard Specification for Glass-Fiber Reinforced Polyester Manholes': as manufactured by L. F. Manufacturing, Inc., Giddings, Texas, or Engineer Pre-Approved Equal. Reference Specifications: Comply with applicable provisions of the Supplemental Provisions, CMWD Standard Specifications, and SSPWC except as otherwise shown and specified. Refer to Section 2-5.2 of the Supplemental Provisions. Referenced Sections: SSPWC: Related Sections: .I . 2. Section 2-5.2, Precedence of Contract Documents. Section 2-5.3, Shop Drawings and Submittals. Governing Standards: 1. ASTM D-3753: Standard Specification for Glass-Fiber Reinforced Polyester Manholes. 2. ASTM C-581: Practice for Determining Chemical Resistance of Chemical Thermosetting Resins Used in Glass-Fiber Reinforced Structures Intended for Liquid Service. 3. ASTM D-2412: Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel Plate Loading. 4. ASTM D-695: Test Methods for Compressive Properties of Rigid Plastics. 5. ASTM D-2584: Test Method for Ignition Loss of Cured Reinforced Resins. 6. ASTM D-790: Test Method for Flexural Properties of Unreinforced and Reinforced Plastics and electrical Insulating Materials. 7. ASTM D-2583: Test Method for Indentation Hardness of Rigid Plastics by means of a Barcol Impressor. 8. AASHTO H-20: Axial Loading. em %#REVISED 7/29/0 2 CONTRACT NO. 3451 06652-1 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION _- I .2 QUALITY ASSURANCE A. Manufacturers’ Qualifications: Manufacturer of each type of liner system shall have a minimum of 5 years experience in the production of sanitary sewer fiberglass products, and shall show evidence with his submittal of satisfactory service in at least 5 similar applications. B. Manufacturer’s Warranty: Provide a manufacturer’s warranty for materials. C. Contractor’s Warranty: Provide a Contractor’s warranty for installation of materials for a period of one year. D. Examination: Each manhole component part shall be examined for dimensional requirements, hardness, and workmanship. E. Composition Control: Controls on glass and resin content shall be maintained for all manufacturing processes and for each portion of manhole fabrication. Records shall be maintained of these control checks. Proper glass content may be shown by glass usage checks, by glass and resin application rate checks, in accordance with the material composition test in ASTM 8.8.1. F. All required ASTM 3753 testing shall be completed and records of all testing shall be kept and copies of test results shall be presented to customer prior to acceptance of work. 1.3 SUBMITTALS A. Submit the following in accordance with Section 2-5.3. B. Shop Drawings: 1. Manufacturer’s literature, illustrations, recommendations, engineering data, product data, and specifications for fiberglass reinforced polyester (FRP) manholes including performance criteria, and safety requirements. 2. Samples-Samples of fiberglass manhole materials and penetrationkoqnection systems required to perform the Work, including but not limited to, the following: a. One 5-inch square sample of fiberglass. b. Specifications and details for penetration connection systems. Manufacturer‘s standard details including but not limited to the following conditions: manhole openings, channels, pipe ends, and penetration connection systems. Letter from manufacturer of each type of liner approving the installer of the manhole. Material Safety Data Sheets (MSDS) for materials brought on site. Installer’s List: A list of the names of installers who will perform the work covered by this specification including certificates of completion of training (as applicable) by the manufacturer. 3. 4. 5. 6. em $# REV1 S E D 7/29/02 CONTRACT NO. 3451 06652-2 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION C. Manufacturer's Qualifications: In accordance with Paragraph 1.2.A of this Section. D. Manufacturer's Warranty: In accordance with Paragraph 1.2.B of this Section. E. Contractor's Warranty: In accordance with Paragraph 1.2C of this Section. F. Certifications: In accordance with Paragraph 2.6.A of this Section. G. If there is a conflict between Contract Documents, the document highest in precedence shall control. Refer to Section 2-52 PART 2 - PRODUCTS 2.1 FIBERGLASS MANHOLE A. Dimensions: The manhole shall be a circular cylinder, reduced at the top to a circular manway not smaller than 36" inside diameter. Manholes shall be produced in half-foot increments of length +/- 2". Nominal inside diameters shall be 60". Tolerance on the inside diameter shall be +/- 1%. Other diameters as agreed upon between purchaser and the manufacturer are covered by this specification. The minimum wall thickness for all FRP manholes at all depths shall be 0.480". B. Configuration: 1. Cone Sections: The Manway reducer must provide a bearing surface on which a standard ring and cover, per City of Carlsbad Standard Drawing S-4, may be supported and adjusted to grade. The reducer shall be concentric and shall be joined to the barrel section at the factory with resin and glass fiber reinforcement, thus providing required monolithic design to prevent infiltration and/or exfiltration through the manhole. Manway reducer cone section shall be self-centering to permit vertical height adjustment (raising or lowering) of manhole by contractor utilizing manufacturer provided materials and detailed written instructions. C. Class: The manhole shall be manufactured in one class of load rating. This class shall be H-20 wheel load (minimum 16,000 pounds dynamic wheel load). D. Stubouts and Connections: 1. lnserta-Tee: Joints for sewer pipe line and drop connections sizes 4" - 12" shall be made by means of Inserta-Tee watertight compression connection. Installation shall be in strict accordance with manufacturer's written instructions utilizing installation equipment approved for use by the manufacturer of the Inserta-Tee fitting. Use of equipment which does not meet this requirement is expressly prohibited. t3 RE", SED 7/29/02 CONTRACT NO. 3451 06652-3 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION 2. Pipe Stubouts: a. Install rubber gasketed PVC sewer pipe stubouts to manhole with resin and glass-fiber reinforced lay-up. Gaskets shall meet the same performance requirements of the sewer pipe to be installed unless otherwise directed by the Engineer. Resin and fiberglass shall be of the same type and grade as used in the fabrication of the fiberglass manhole. b. Install PVC or fiberglass reinforced pipe stubouts for use with resilient pipe-to-manhole connectors (boots) ' which conform to the performance requirements of ASTM C-923. E. Manhole Bottom: Resin and glass fiber reinforced manhole bottoms may be provided, upon engineer's request. Upon that request, manholes shall be provided with glass reinforced bottom section designed to withstand the hydrostatic head pressure, empty and water to grade, of units at 25% burial depth. (Units deeper than 25-ft. may require additional reinforcement as required). Fiberglass ribs or fiberglass structural members may be utilized to meet the design criteria. Stiffeners shall be of non-corrosive materials encapsulated in fiberglass. FRP encapsulated wood or lumber will not be permitted. Bottom sections shall be furnished with an integral 3" wide anchoring flange. Invert and bench may be field installed utilizing concrete to the requirements of Division 3 SECTION 201 SSPWC. Invert and bench may be factory installed utilizing non-corrosive materials encapsulated in fiberglass minimum 1/4" thick. F. Marking and Identification: All manholes shall be marked in letters no less than 1" in height with the following information: 1. Manufacturers Identification 2. Manufacturers Serial Number 3. Manhole Length 4. ASTM Designation 5. Installation assist marks (vertical lines 90" apart at base of manhole). 2.2 MATERIALS A. Resin: The resins used shall be unsaturated, supplier certified, isophthalic polyester resins. Mixing lots of resin from different manufacturers, or "odd-lotting" of resins shall not be permitted. Quality-assurance records on the resin shall be maintained. Non-pigmented Resin is required to allow for light or "sand" color of manhole surface in order to facilitate easy from grade interior inspection. UV Inhibitors shall be added directly to resins to prevent photodegradation. Exterior gel-coating shall not be permitted. B. Reinforcing Materials: The reinforcing materials shall be commercial grade "E" type glass in the form of mat, continuous roving, chopped roving, roving fabric, or both, having a coupling agent that will provide a suitable bond between the glass reinforcement and the resin. 7/29/02 CONTRACT NO. 3451 06652-4 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION C. Surfacing Material: If reinforcing material is used on the surface exposed to the contained substance, it shall be a commercial grade chemical-resistant glass or organic surfacing mat having a coupling agent that will provide a suitable bond with the resin. D. Fillers and Additives: Fillers, when used, shall be inert to the environment and manhole construction. additives, such as thixotropic agents, catalysts, promoters, etc., may be added as required by the specific manufacturing process to be used to meet the requirements of this standard. However, calcium carbonate mixed by the fabricator shall not be permitted. The resulting reinforced plastic material must meet the requirement of this specification. E. Laminate: The laminate shall consist of multiple layers of glass matting and resin. The surface exposed to the sewerkhemical environment shall be resin rich and shall have no exposed fibers. 2.3 MANUFACTURE A. FRP manholes shall be manufactured in strict accordance with ASTM 0-3753 "Standard Specification for Glass-Fiber Reinforced Polyester Manholes", as manufactured by L.F. Manufacturing, Inc., Giddings, Texas, or Engineer Pre- Approved Equal. B. Manhole cylinders, manway reducers, and connectors shall be produced from glass fiber-reinforced polyester resin. Manhole cylinders to 66" ID to be manufactured by computer regulated continuous band mandrel process, 72" ID and larger to be manufactured by computer regulated steel mandrel process utilizing structural rib design. C. Interior Access: All manholes shall be designed so that a ladder or step system can be supported by the installed manhole. Manway openings to accommodate 36" standard ring and cover, per City of Carlsbad Standard Drawing S-4. D. Manway Reducer: Manway reducers shall be concentric with respect to the larger portion of the manhole diameters through 72". E. Cover Ring and Support: The manhole shall provide an area from which a typical ring and cover plate can be supported without damage to the manhole. F. Assembly Joints: Product components, Le., cylinders, reducers, bottoms, and connectors, may be joined together to form a complete manhole. 2.4 REQUIREMENTS A. Exterior Surface: The exterior surface shall be relatively smooth with no sharp projections. Hand-work finish is acceptable if enough resin is present to eliminate fiber show. The exterior surface shall be free of blisters larger than 0.5" in diameter, delamination and fiber show. Interior Surface: The interior surfaces shall be resin rich with no exposed fibers. Interior surface shall be smooth for improved corrosion resistance and reduced sludge build-up. The surface shall be free of crazing, delamination, blisters larger than 0.5" in diameter, and wrinkles of 0.125" or greater in depth. Surface pits shall be permitted up to 6' 2" if they are less than 0.75" in diameter and less than B. em ts R EVI SE D 7/2 9/02 CONTRACT NO. 3451 06652-5 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION 0.0625" deep. Voids that cannot be broken with finger pressure and that are entirely below the resin surface shall be permitted up to 4' 2" if they are less than 0.5" in diameter and less than 0.0625l thick. C. Repairs: Any manhole repair is required to meet all requirements of this specification. D. Manhole Lengths: Manhole lengths shall be in whole or 1/2-foot increments +/- 2". E. Load Rating: The complete manhole shall have a minimum dynamic load rating of 16,000 Ibs. When tested in accordance with ASTM 3753, 8.4 (note 1). To establish this rating the complete manhole shall not leak , crack, or suffer other damage when load tested to 40,000 Ibs. and shall not deflect vertically downward more than 0.25" at the point of load application when loaded to 24,000 Ib. F. Stiffness: The cylindrical portion of the manhole is to be tested in accordance with ASTM Method D 2412. The manhole cylinder shall have the minimum pipe- stiffness values shown in the table below, when tested in accordance with ASTM 3753, Section 8.5, (note I). 11 Manhole Length (ft) I psi 3-6 7-12 3-20 . 21 -25 26 - 35 0.72 1.26 2.01 3.02 5.24 G. Soundness: In order to determine soundness, an air or water test is to be applied to the manhole test sample. While holding the pressure between 3-5 psi, the entire manhole must be inspected for leaks. Any leakage through the laminate is cause for failure of the test. Refer to ASTM 3753, Sec. 8.6. H. Chemical Resistance: Per ASTM C 581; (see ASTM 3753, Section 8.7), Flexural strength, flexural modulus, and barcol hardness are plotted versus time on log- log coordinates. The line defined by these points is extrapolated to 100,000 hours. The minimum extrapolation retention allowed for any of these properties is 50%. Test samples used are actual pieces of manhole or samples manufactured in a manner consistent in every way with the manhole component construction. I. Physical Properties: Flexural Strength (cone): Hoop: 15.4 x 103 psi Axial: 17.2 x 103 psi e-* WREVISED 7/29/02 CONTRACT NO. 3451 06652-6 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION Flexural Strength (pipe): Hoop: 22.5 x 103 psi Axial: 14.3 x 103 psi Compressive Strength: 18.9 x 103 psi W REVISED 7/29/02 CONTRACT NO. 3451 06652-7 OF IO SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION 2.5 2.6 2.7 TEST METHODS A. All tests shall be performed as specified in ASTM 3753, Section 8, Titled 'Test Methods". See ASTM 3753, Section 8, Note 5, for Test method D-790 and test method D-695. CERTIFICATION A. When requested by the purchaser on his order, a certification shall be made the basis of acceptance. This shall consist of a copy of the manufacturer's test report or a statement by the supplier, accompanied by a copy of the test results, that the manhole has been sampled, tested, and inspected in accordance with the provisions of ASTM 3753 and this specification, and meets all requirements. An authorized agent of the supplier or manufacturer shall sign each certification so furnished. HANDLING AND STORAGE A. Do not drop or impact the fiberglass manhole. Lift manhole with two slings on spreader bar in horizontal position or by use of 4" x 4" timber inserted crosswise inside the manhole to the underside of the collar with a rope or chain attached to backhoe or other lifting device. Manhole may be rolled, however, insure that ground is smooth and free of rocks, debris, etc. Use of chains or cables in contact with manhole surface is prohibited. PART 3 - EXECUTION 3.1 INSTALLATION A. General: The manhole installation should strictly follow the manufacturers recommended installation procedures. 1. To Install The Fiberglass Manhole: Fiberglass manholes must be installed according to Manufacturer's Instructions". In addition to these instructions, local codes may apply and should be consulted as applicable in manhole installation. Correct manhole installation requires proper concrete foundation, good backfill and proper handling to prevent manhole damage and insure long-term corrosion resistant service. B. General Installation Outline: Containment Solution's complete Manhole installation instructions must be consulted before actual installation is performed. 1. Prepare ExcavatiodMake Manhole Pipe Cut-Outs for stubout connections: Prepare excavation in a normal manner. Excavation at manhole location should be at least wide enough to accommodate the slab specified and to provide working room around manhole. Insure the depth of manhole is sufficient to allow at least one course of brick or one concrete ring for adjustment of ring and cover at top of final grade. Pipe cut-outs at the flowline are made in manhole prior to setting manhole in place over pipe in trench. Quarter marks have been provided on barrel to facilitate alignment of cut-outs. *= \# REV1 S E D 7/29/02 CONTRACT NO. 3451 06652-8 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION 2. Pour Concrete Base: Concrete slab base should be a minimum of 6" thick over undisturbed soil or 6" minimum rock base. Concrete slab should extend a minimum of 12" beyond manhole outside wall. Set Manhole: To lift manhole, insert 4" x 4" timber crosswise inside the manhole to the underside of the collar with a rope or chain attached to backhoe or other lifting device. Lower manhole into wet concrete base to a minimum depth of 4". Minimum 2" thick concrete bearing surface beneath bottom edge of the manhole is required. Plumb manhole using standard bubble level and by moving manhole with hands. Work concrete around manhole base and 6"minimum over incoming lines. Inverts and laterals are made following standard procedures. 4. Backfill: Backfilling is done just as soon as the concrete base has hardened enough to provide sufficient support for manhole and fill. Native soil (or sand, in unstable areas), free of large stones, debris, or concrete chunks may be used for backfill. Backfill should be place evenly around manhole in 8" maximum loose lifts and should thoroughly tamped to 90% modified proctor density before the next layer is installed. Backfill material shall be subject to approval by the engineer. Bring to Grade: Construct chimney on flat shoulder of manhole using precast concrete rings. 3. 5. 3.2 INSPECTION I A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer, or other representative of the owner. Such inspections shall be made at the place of manufacture, or at site of delivery, and the sections shall be subject to rejection on account of failure to meet any of the specification requirements. Sections rejected after delivery to the job site shall be marked for identification and shall be removed from the job at once. All sections which have been damaged after delivery will be rejected, and if already installed shall be acceptable if repaired or removed and replaced at the contractor's expense. B. At the time of inspection the material will be examined for compliance with the requirements of this specification and the approved drawings. 3.3 MEASUREMENT This item will be measured by each type of individual structure completed. The depth will be measured from the flow line to the top of the rim. The size shall be nominal inside diameter. This item includes, but is not limited to the following: A. Structural excavation B. Loading, hauling, and disposing of all excess material - , C. Furnishing all labor and materials including fiberglass, concrete, mortar, bricks, drop pipe and fittings, manhole rings and covers 4- REVISED 7/29/02 CONTRACT NO. 3451 06652-9 OF 10 SECTION 06652 - FIBERGLASS MANHOLE INSTALLATION D. Placing and compacting all backfill E. Final Grading 3.4 PAYMENT A. This item will be paid for at the contract unit price per bid per each structure for the various sizes, types, and various depths of structures complete in place and will be full compensation for all materials required, operations, labor, tools, equipment, and all other incidentals necessary to complete the work as shown on the drawings and specified herein. END OF SECTION CONTRACT NO. 3451 06652-1 0 OF 10