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Vailston Company Inc; 2016-02-02; PWS16-53TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0224399 1111111111111111111111111111111111111111111111111111111111111111111111 May 18, 2017 03:17PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCELNO: ~"'~a~------------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Nov. 30, 2016. 6. The name of the contractor for such work or improvement is Vailston Company, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Corrugated Metal Pipe Replacement Program (Highland Drive and Hoover Street Storm Drain}, Project No. 6607. 8. The street address of said property is along Highland Drive and Hoover Street in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on tv\,a~ \.0 , 20~, accepted the above described work as completed and ordered that a N 1ce of Completion be f1led. I declare under penalty of perjury that the foregoing is true and correct. Executed on M~ \ \o , 20 ll at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Vailston Company, Inc. has completed the contract work required for Project No. 6607, Corrugated Metal Pipe Replacement Program (Highland Drive and Hoover Street Storm Drain). City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Storm Drains $174,596 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS \.(z!'-1) ~u~orV\ Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. APPROVED AS TO FORM: CELIA BREWER, City Attorney d// ~ By:_..~...~---.:...:===~==----=----Deputy City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) Date ~1 319/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENT~ GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 BID NO. PWS16-53TRAN ., f.., Revised 3/6/15 Contract No. 6607 Page 1 of 147 Pages TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................... 5 CONTRACTOR'S PROPOSAL .......................................................................................................... 9 BID SECURITY FORM ..................................................................................................................... 17 BIDDER'S BOND TO ACCOMPANY PROPOSAL. .......................................................................... 18 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM .................... 20 DESIGNATION OF SUBCONTRACTOR AND_AMOUNT OF SUBCONTRACTOR'S BID ITEMS .... 22 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE. ........................................ 23 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION .................................... 24 BIDDER'S STATEMENT RE DEBARMENT. .................................................................................... 25 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ..................................................................... 26 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ........................................................................................................................................ 28 CONTRACT PUBLIC WORKS ......................................................................................................... 29 LABOR AND MATERIALS BOND .................................................................................................... 35 FAITHFUL PERFORMANCE/WARRANTY BOND ........................................................................... 37 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........ 39 GENERAL PROVISIONS SECTION 1-TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS ........................................................................................................................... 42 1-2 DEFINITIONS ................................................................................................................. 42 1-3 ABBREVIATIONS ........................................................................................................... 47 1-4 UNITS OF MEASURE .................................................................................................... 50 1-5 SYMBOLS ...................................................................................................................... 51 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ................................................................. 51 2-2 ASSIGNMENT ................................................................................................................ 51 2-3 SUBCONTRACTS ........................................................................................................... 51 2-4 CONTRACT BONDS ...................................................................................................... 52 2-5 PLANS AND SPECIFICATIONS ..................................................................................... 53 2-6 WORK TO BE DONE ..................................................................................................... 57 2-7 SUBSURFACE DATA .................................................................................................... 5? 2-8 RIGHT-OF-WAY ............................................................................................................. 59 2-9 SURVEYING .................................................................................................................. 59 2-10 AUTHORITY OF BOARD AND ENGINEER ................................................................... 63 2-11 INSPECTION ................................................................................................................. 64 ., '-+i Revised 3/6/15 Contract No. 6607 Page 2 of 147 Pages SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR ....................................................... 64 3-2 CHANGES INITIATED BY THE AGENCY ...................................................................... 64 3-3 EXTRA WORK ............................................................................................................... 66 3-4 CHANGED CONDITIONS .............................................................................................. 68 3-5 DISPUTED WORK .......................................................................................................... 69 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP ............................................................................... 72 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE ................................... 76 SECTION 5-UTILITIES 5-1 LOCATION ..................................................................................................................... 77 5-2 PROTECTION ................................................................................................................ 77 5-3 REMOVAL ...................................................................................................................... 78 5-4 RELOCATION ................................................................................................................ 78 5-5 DELAYS ......................................................................................................................... 79 5-6 COOPERATION ............................................................................................................. 79 SECTION 6-PROSECUTION, PROGRESS,_AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ............................ 80 6-2 PROSECUTION OF WORK ........................................................................................... 81 6-3 SUSPENSION OF WORK .............................................................................................. 81 6-4 DEFAULT BY CONTRACTOR ....................................................................................... 81 6-6 DELAYS AND EXTENSIONS OF TIME .......................................................................... 82 6-7 TIME OF COMPLETION ................................................................................................ 83 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ....................................................... 84 6-9 LIQUIDATED DAMAGES ............................................................................................... 84 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION .................................................. 85 SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ......................................................... 85 7-2 LABOR ........................................................................................................................... 85 7-3 LIABILITY INSURANCE ................................................................................................. 86 7-4 WORKERS' COMPENSATION INSURANCE ................................................................. 86 7-5 PERMITS ....................................................................................................................... 86 7-6 THE CONTRACTOR'S REPRESENTATIVE .................................................................. 87 7-7 COOPERATION AND COLLATERAL WORK ... : ............................................................. 87 7-8 PROJECT SITE MAINTENANCE ................................................................................... 87 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ........................ 89 7-10 PUBLIC CONVENIENCE AND SAFETY ........................................................................ 90 7-11 PATENT FEES OR ROYAL TIES .................................................................................... 96 7-12 ADVERTISING ............................................................................................................... 97 7-13 LAWS TO BE OBSERVED ............................................................................................. 97 7-14 ANTITRUST CLAIMS ..................................................................................................... 97 SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL ...................................................................................................................... 97 SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ...................................... 97 9-2 LUMP SUM WORK ........................................................................................................ 98 9-3 PAYMENT ...................................................................................................................... 98 9-4 BID ITEMS .. ..-............................................................................................................... 1 01 SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS ....................................................................................................... 108 l' •+' Revised 3/6/15 Contract No. 6607 Page 3 of 14 7 Pages SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE .............................................................................. 109 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS .................................................. 109 SECTION 203-BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ................................................................................................ 111 SECTION 207-GRAVITY PIPE 207-2 REINFORCED CONCRETE PIPE ................................................................................ 112 207-25 UNDERGROUND UTILITY MARKING TAPE .............................................................. 112 SECTION 210-PAINT AND PROTECTIVE COATINGS 210-1 PAINT ........................................................................................................................... 113 SECTION 213-ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS ................................................................................. 113 213-6 EROSION CONTROL SPECIAL TIES ........................................................................... 114 SECTION 215-FENCING 215-1 ENVIRONMENTAL FENCING ...................................................................................... 114 SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING ....................................................................................... 115 300-2 UNCLASSIFIED EXCAVATION .................................................................................... 115 300-11 STONEWORK FOR EROSION CONTROL. ................................................................ 116 300-12 ROCK SLOPE PROTECTION FABRIC ....................................................................... 116 300-13 STORM WATER POLLUTION PREVENTION PLAN .................................................. 117 SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION ........................................................................................ 122 SECTION 302-ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. ........................................................................... 124 302-13 AC DIKE ..................................................................................................................... 125 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES ......................................................................................... 125 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS ............................... 125 SECTION 306-OPEN TRENCH CONDUIT CONSTRUCTION 306-1 GENERAL ..................................................................................................................... 126 SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND· PAVEMENT MARKERS 314-5.4 PLACEMENT ............................................................................................................. 130 SECTION 602 -TEMPORARY TRAFFIC CONTROL DEVICES 602-1 TEMPORARY TRAFFIC PAVEMENT MARKERS ......................................................... 132 602-2 TEMPORARY TRAFFIC SIGNING ............................................................................... 133 602-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS ....................................... 133 602-4 MEASUREMENT AND PAYMENT ................................................................................ 135 PART 8 LANDSCAPE AND IRRIGATION ...................................................................................... 136 TECHNICAL SPECIFICATION BONDED FIBER MATRIX .............................................................................................................. 137 ., f.., Revised 3/6/15 Contract No. 6607 Page 4 of 147 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00PM ON JANUARY 7, 2016, 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: construction of 320 lineal feet of 18" RCP storm drain pipeline, concrete headwall, catch basins, clean outs, rip rap energy dissipaters, retaining walls, drainage swales, trench repair and slurry fill abandoned corrugated metal pipeline. CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 BID NO. PWS16-53TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), 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 1 0263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, lnc.all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. 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 . . , '-+' Revised 3/6/15 Contract No. 6607 Page 5 of 147 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum( a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $150,000 (one hundred fifty thousand). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A -General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any -" f.., Revised 3/6/15 Contract No. 6607 Page 6 of 147 Pages response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent ( 1 00%) of the Contract price on this project. The Contractor l'\ • ., Revised 3/6/15 Contract No. 6607 Page 7 of 14 7 Pages STREET NO. 6607 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: ( 1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State---------------------------- (4) Zip Code--------Telephone No.-------------- (5) E-Mail ____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted __________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business-------------------------- (Street and Number) City and State------------------------- (4) Zip Code--------Telephone No.-------------- (5) E-Mail ____________________ _ l'\ ·~ Revised 3/6/15 Contract No. 6607 Page 14 of 147 Pages 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: A )t;. !e. ~10 h n ·:2-i (})'1.) ., f.., Revised 3/6/15 Contract No. 6607 Paae 16 of 147 Paaes BIDDER'S BOND TO ACCOMPANY PROPOSAL CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 KNOW ALL PERSONS BY THESE PRESENTS: That we, Vailston Company, Inc. , ·as Principal, and Financial Pacific Insurance Compaf\y as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid (10%) 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: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. l'\ -~ Revised 3/6/15 Contract No. §_9_07 Page 18 of 147 Pages .. ·. .• .. · .... ·.· "Article VI-Surety Bonds and Undet1akings" .. . . .. SectiQn 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to . time, apppin,t by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurm1ce, bo'nds, )undertakings and other obligatory instmments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attomey or special power of attomey or certification of either authorized hereby; such signature and seal, • whtm SQ used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to th(·db:nitations set .· ... forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instmments lind to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors otany other officer.of the Cpmpanies may at any time revoke all power and authority previously given to any attomey-in-fact. ·.. · IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 12th day of December, 2014 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be 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 whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part ofthe Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. l" ·~Revised 3/6/15 Contract No. 6607 Page 20 of 147 Pages 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. {'\ •+i' Revised 3/6/15 Contract No. 660Z Paqe 21 of 147 Paqes DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor's Amount of Work Subcontractor Name and License No. and by Subcontractor Portion of Work Location of Business Classification* in Dollars* c -)LJ .,.,_~ ·e ·),~, ·..,.... .c1 L.:, rt<:>//);<:,~r )r r:;J+?.),u /;,, -~ .r.;.. .$LJ 2C.tU1r) J CfC'\S ~ .... ·...-.-<?c·~•r' ~/<f. <:;:~.) e, :4 C.Jc) J ~""' /7.-i'.~· 71 (_"'""' 9:A}'7~,} Pr&d s; ... i"'"'~ r---~~;;~t~ 9:S.JCrc:.• ff /tk)(J. {) () '-' ,..;> I ' vi ,..,.., -r :::7 -. r"' ...;· .;:,s;;( .::wv+ / tH·~" _; -f, :r,_..., P?cvV"',: -).! r~""l!., q :J, tl/1 c1 -- Page __ of __ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l" •+i Revised 3/6/15 Contract No. 6607 Page 22 of 14 7 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Name and Address of Name and Phone No. Amount of Completed the Employer of Person to Contract Type of Work Contract '-_-_; ;:·{.: .-:~;~~~:c.:-A~· ol ~· v (~ •+V Revised 3/6/15 Contract No. 6607 Page 23 of 14 7 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. (~ •+i" Revised 3/6/15 Contract No. 6607 Page 24 of 147 Pages HOLDER CODE CITY CAR INSURED's NAME Vailston Company, Inc. NOTEPAD: VAILS-1 OP 10: VP THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS AND KEVIN STEPHENS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2033 AND CG2037 TTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. 30 DAY NOTICE OF CANCELLATION ENDORSEDMENT ATTACHED. PAGE 2 Date 01/20/2016 NAMED INSURED: VAILSTON COMPANY, INC. POLICY NUMBER: WA-CGL-0000051975-0 COMMERCIAL GENERAL LIABILITY CG 20 330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the addttional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such addttional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exdusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury'' arising out of the rendering of, or the failure to render, any profP.ssion;:~l ;:~rch~P.cflm'll, P.nginP.P.ring or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the daims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveytng serv~ces. CG 20 33 0413 © Insurance Services Office. Inc .. 2012 Page 1 of2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of ''your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 33 0413 ©Insurance Services Office, Inc., 2012 Page 2 of2 POLICY NUMBER: WA-CGL-0000051975-01 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person (s) Or Organization(s) Location And Description Of Completed Operations As required by written contract signed by both parties Coverage under this endorsement applies only to "Commercia prior to the loss. Construction". 'Commercial Construction" means all construction activity that not "Residential Construction". "Residential Construction" means all construction activity performed on townhouses, condominiums, cooperatives, duplexes, triplexes, fourplexes, and single-family detached housing that is intended to be, will be, or is maintained or sold or the purpose of being used by natural persons as a dwelling and includes any associated improvements to real property, nfrastructure improvements, grading, excavating, utility work, oad paving, curb, or sidewalk work. Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II-Who Is An Insured is amended tc include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill-Lim its Of lnsura'lce: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SUBJECT TO A TOTAL POLICY AGGREGATE LIMIT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOllOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: As required by written contract signed by both parties prior to the loss. (If no entry appears above, information requ1red to complete this endorsement will be shown 1n the Declarations as applicable to this endorsement) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), which can be attributed only to ongoing operations at a single designated construction projects hown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the Declarations of this policy. 2. Subject to the Total Policy Aggregate Limit, the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," regardless of the number of: a. Insureds; b. Claims made or "suits" brough~ or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Pol icy Aggregate Limi~ such payments shall not reduce the General Aggregate Limit shown in the Dedarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. FMIC-GL-2017 (01/2011) Page 1 of 2 4.The limits shown in the Declarations for Each Occurrence continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate limit and the Total Policy Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit 3. Such payments will reduce the Policy Aggregate Limit C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit and not reduce the General Aggregate Limit or the Designated Location General Aggregate Limit or the Total Policy Aggregate Limit. D. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of: (a) all damages covered under this policy and falling within the scheduled Designated Location(s) General Aggregate Limits described in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of Insurance (SECTION Ill) not otherwise modified by this endorsement. The Total Policy Aggregate Limit applies regardless of the sums indicated in the Declarations for any General Aggregate Limit, or Designated Location(s) General Aggregate Limit, as applicable to alllocations(s) setforth in the Schedule above. The Total Policy Aggregate Limit applies collectively, rather than separately, to all of your scheduled locations. The Total Policy Aggregate Limit is not reduced by payments for damages covered under this policy and falling within the "products-completed operations hazard," but such payments will reduce the Products-Completed Operations Aggregate Limit, as described in Paragraph C. of this endorsement. E. For the purposes of this endorsemen~ the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. F. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective 02/13/15 Named Insured Vailston Company, Inc. FMIC-GL-2017 (01/2011) Policy No. WA-CGL-0000051975-01 Endorsement No. Countersigned by _________________ _ Page 2 of 2 POLICY NUMBER: WA-CGL-0000051975-01 ll 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ILOO 1711 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of1 0 POLICY NUMBER: WA-CGL-0000051975-01 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both parties prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 240405 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 D POLICY NUMBER: WA-CGL-0000051975-01 NAMED INSURED: VAILSTON COMPANY, INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modfies insurance provided under the folowi ng: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTY COVERAGE PART To the extent that this insurance is afforded to any additional insured under this policy, SECTION IV -COMMERCIAL GENERAL UABILITY CONDITIONS, 4. Other lnsuranc~ is deleted in its entirety and replaced with thefollowingcondition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and non-contributory, and the "insured contract" is executed prior to any loss. Where required by a written contract signed by beth parties, this insurance will be primary and non-contributing only when end to the extent as required by that contract. However, under the contributory approa:h each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the ofler insurance does not permit contribution by equal shares, we will contribute by li nits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All OTHER TERMS AND CONDITIONS OF THE POUCY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which atEched, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective 02/13/15 Policy No. 1~ndorsementNo. 1 Named Insured Vailston Company, Inc. Countersigned by------------------- FMIC-GL-1002(10/2012) BAO (16) 56 55 52 93 V AlLSTON COMPANY COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADO!J'Iqf!~~'~!~~[~YiSY .OMii~~:f,':~§~~~~ENT·OR PERMI~' 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN I LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 ~~I,VER O~;;!~f..i$FEFfQ~"fUGHTS OF.RECOVERYAGAINST OTHERS TOUS 2d SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 1 0,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 20·13 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 0 ro N 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAl AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $1 00 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 ==== -;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; ;;;;;;;;;;;;;;; N~ ~ 0 ro N 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAlV~R ()F,T~ij'~~~~~~ RIGH1f5cqf; RECOVI;R~:A(?p;INST .OTHERS TO LJ~ B , , ONS,', of ~J~~~~t pf;Recovery: to ~Ci.dltion , ,, ',""''*''?~WJt,::,, O" 'a'~l.'Wi.¥'Ff~;SM;;. · ·,• , c <:>h,ed · "bef' 'o'r'•e· ·''N';;•"n~"~~c''"'c>••,'lle'·'·'n''''t3" ·o'' r "loss'" , , ,, "''' ''t'>"'""'·•······' •9 oll4d~T!I.!~"1\ill}F'~M!;:,,:.,, ,,QOSB rightS , ,, < ~ 'i' ,,U ,' , , OUr riQfitS' are 21. HIRED AUTO COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V • DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Serv1ces Office, Inc., with its permission. Page 7 of 7 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 0 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? L/ /' yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes I,/' / v no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? / (/ ,·"' yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever ~en stayed? v"' yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form ., f..., Revised 3/6/15 Contract No. 6607 Page 26 of 147 Pages CONTRACT PUBLIC WORKS This agreement is made this ~ f\c::L-day of F(!;bvva..v , 2016, by and between the City of Carlsbad, California, a municipal corporation, ereinafter called "City"), and Vailston Company whose principal place of business is 774 N. Twin Oaks Valley Road, San Marcos, CA 92069 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are {'\ • ., Revised 3/6/15 Contract No. 6607 Page 29 of 14 7 Pages as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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. 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. {'\ • .., Revised 3/6/15 Contract No. 6607 Page 30 of 147 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 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: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. {'\ • ., Revised 3/6/15 Contract No. 6607 Page 31 of 147 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (1 0) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 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. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false l'\ •+' Revised 3/6/15 Contract No. 6607 Page 32 of 147 Pages claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. ~ I have read and understand all provisions of Section 11 above. +-in it 1!/ in it 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. l'\ •+i' Revised 3/6/15 Contract No. 6607 Page 33 of 147 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of \ r~~. I l L 0 v thewe of California \1 t•n l $ ~,... t:> I"Vt /).{',J { ,J v (name of Contractor) l By: '<::::::-:.+-:=--=-""'=-'A.....:...::-t-,.....____----'=--~-------~ f""fevt:M qn:y Manag~ ~ By: ~ ~V"jt'\ B .Doc::{~ (sign here) ATTEST: N w J ~W",l.S'\1)"' l :r(\ "¢. ~~"' r <J\YJ n f) a..~ ( lc-0 .~ ~ name and title) s1i'iM'tRA ENGLESON, cil(Cierk By:'~ k (sign here) Z l ~. sr{clH~111tly ' (print name iilnd 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: CELIA A. BREWER City At~o?et' 7/:-:----~----.. ". By: Y--:!f*iC::t::.t>l.~ j/f'~ -A-sstst&A>t City Attorney · Jtl<LI}j {'\ •+i Revised 3/6/15 Contract No. 6607 Page 34 of 147 Pages Bond Number: 54-208241 Premium included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. N/A, adopted N/A, has awarded to Vailston Company (hereinafter designated as the "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, V AlLSTON COMPANY, INC. as Principal, (hereinafter designated as the "Contractor''), and Financial Pacific Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED THIRHTY EIGHT THOUSAND EIGHT HUNDRED FORTY Dollars ($138,840), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. l' •+' Revised 3/6/15 Contract No. 6607 Page 35 of 14 7 Pages Bond Number: 54-208241 Premium: $2,777 Premium will be adjusted based on final contract price. FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. N/A , adopted January 12,2016 , has awarded to __ ___;V.....;;a;.;;;;il;.;;.;st;;.;;.o.;;.;;n...;C;;...;o;,;;.;m;;;;Jp;;...;a;;.:;n:..~..y.:...;, I;;;;;n;..;;c.;.... -------------------·· (hereinafter designated as the "Principal"), a Contract for: CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, VAILSTON COMPANY, as Principal, (hereinafter designated as the "Contractor"), and Financial Pacific Insurance Company -------------' as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE HUNDRED THIRHTY EIGHT THOUSAND EIGHT HUNDRED FORTY Dollars ($138,840), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specificatiO!lS. {'\ • ., Revised 3/6/15 Contract No. 6607 Page 37 of 147 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and --------------------------------------------------------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 section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for CORRUGATED METAL PIPE REPLACEMENT PROGRAM (HIGHLAND DRIVE AND HOOVER STREET STORM DRAINS) CONTRACT NO. 6607 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. {'\ ·~ Revised 3/6/15 Contract No. 6607 Page 39 of 147 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name _________________________________ __ Signature------------------------------ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name ________________________________ __ Signature------------------------------- Address ______________________________ __ For Escrow Agent: Title Name ________________________________ __ Signature----------------------------- Address ________________________________ __ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. {'\ •fi Revised 3/6/15 Contract No. 6607 Page 40 of 14 7 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title City Manager Name _________________________________ __ Signature--------------------- Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name __________________________ __ Signature-------------------- Address __________________________ ___ For Escrow Agent: Title ---------------------------- Name __________________________ __ Signature------------------- Address _____________________ _ {'\ -~ Revised 3/6/15 Contract No. 6607 Page 41 of 147 Pages GENERAL PROVISIONS FOR CMP PIPE REPLACEMENT PROGRAM (Highland Drive and Hoover Street Storm Drains) CONTRACT NO. 6607 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS-Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. {'\ •+' Revised 1/30/13 Contract No. 6607 Page 42 of 147 Addendlllm -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or chan!~es the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency-The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract-A Contract financed by speciial assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board-The office~r or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -th1e City Council of the City of Carlsbad. City Manager-the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract-A Contract financed by means other than special assessments. Change Order-A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal disput1e resolution. Contract-The written agreement between the Agency and the Contractor covering the \Nark. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the~ General Provisions, permits from other agencies, the Technical Specifications, the Supplemental {"\ •+' Revised 1 /30/13> Contract No. 6607 Page 43 of 147 Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor'' shall mean Contractor. Contract Price-The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer-The Sealer of Weights and Measures of the county in which the Contract is let.· Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier-Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer-The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer-A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire-The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm-The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (1 0%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. {"\ •+' Revised 1/30/13 Contract No. 6607 Page 44 of 147 Notice of Award --The written notice by the Agency to the successful Bidde~r stating that upon compliance by it with the required conditions, the Agency will I execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organizatio111 -When used in Section 2-3.1 -Employ13es of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by thE~ Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person-Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract·-· Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector-The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal-See Bid. Reference Specifications -Those bulletins, standards, rules, methods of atnalysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications-General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and sp1ecifications in Supplemental Agreements betwe!en the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. l' •+' Revised 1/30/13 Contract No. 6607 Page 45 of 147 Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision-Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement-A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1 ,000 kilograms. Utility-Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. l' •+' Revised 1/30/13 Contract No. 6607 Page 46 of 147 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general USI::l, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon COMM ...................................................... Commercial ABAND ...................................................... Abandoned CONC ............................................................ Concrete ABS ........................ Acrylonitrile-butadiene-styrene CONN ........................................................ Connection AC ..................................................... Asphalt Concrete CONST ................................... Construct, Construction ACP ........................................... Asbestos cement pipe COORD ...................................................... Coordinate ACWS ..................... Asphalt concrete wearing surface CSP ........................................... Corrugated steel pipe ALT ................................................................ Alternate CSD ............................... Carlsbad Standard Drawings APTS ................................. Apartment and Apartments CTB ............................................. Cement treated base AMER STD ................................... American Standard CV ............................................................. Check valve AWG ............... American Wire Gage (nonferrous wire) CY ............................................................... Cubic yard BC .................................................. Beginning of curve D .............................................................. Load of pipe BCR ....................................... Beginning of curb return dB .................................................................. Decibels BDRY ............................................................ Boundary DBL ................................................................... Double BF ...................................................... Bottom of footing OF ............................................................... Douglas fir BLDG ......................................... Building and Buildings DIA ................................................................. Diameter BM ............................................................. Bench mark DIP ..................................................... Ductile iron pipe BVC ................................... Beginning of vertical curve DL ................................................................ Dead load B/W ............................................................ Back of wall DR. ..................................................... Dimension Ratio C/C ..................................................... Center to center DT ................................................................. Drain Tile CAB ...................................... Crushed aggregate base DWG ............................................................... Drawing CAUOSHA ............ California Occupational Safety and DWY ............................................................. Driveway Health Administration DWY APPR ................................... Driveway approach CaiTrans ....... California Department ofTransportation E ...................................................................... Electric CAP ................................... Corrugated aluminum pipe EA ........................................................................ Each CB .............................................................. Catch Basin EC ............................................................ End of curve Cb ........................................................................ Curb ECR ................................................ End of curb return CBP ............................... Catch Basin Connection Pipe EF ................................................................ Each face CBR ....................................... California Bearing Ratio EG .......................................................... Edge of gutter CCR ............................. California Code of Regulations EGL. ................................................. Energy grade line CCTV ............................................... Closed Circuit TV El .................................................................. Elevation CES ......................... Carlsbad Engineering Standards ELC ..................................... Electrolier lighting conduit CF ................................................................. Curb face EL T ........................................................ Extra long ton CF ................................................................ Cubic foot ENGR ........................................ Engineer, Engineering C&G .................................................... Curb and gutter EP ................................................... Edge of pavement CFR ................................ Code of Federal Regulations ESMT ........................................................... Easement CFS .......................................... Cubic Feet per Second ETB ........................................... Emulsion-treated base CIP ......................................................... Cast iron pipe EVC .............................................. End of vertical curb CIPP ............................................... Cast-in place pipe EWA. .............................. Encina Wastewater Authority CL ............................................. Clearance, center line EXC ............................................................. Excavation CLF ..................................................... Chain link fence EXP JT .................................................. Expansion joint CMB ............................... Crushed miscellaneous base EXST ................................................................ Existing CMC ......................................... Cement mortar-coated F .................................................................. Fahrenheit CML ............................................ Cement mortar-lined F&C ................................................... Frame and cover CMWD .................... Carlsbad Municipal Water District F&l ................................................... Furnish and install CO ................................................... Cleanout (Sewer) FAB ............................................................... Fabricate COL ................................................................. Column FAS ................................................ Flashing arrow sign {"\ •fi' Revised 1/30/13 Contract No. 6607 Page 47 of 147 FD ............................................................... Floor drain MH ................................... Manhole, maintenance hole FDN ........................................................... Foundation MIL SPEC .................................... Military specification FED SPEC .................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL. .................................................................. Flow line FS ...................................................... Finished surface FT-LB ......................................................... Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA. .................................................................... Gauge MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete GAL. ............................................... Gallon and Gallons OC ............................................................... On center GAL V ......................................................... Galvanized OD .................................................... Outside diameter GAR ........................................... Garage and Garages OE .............................................................. Outer edge GIP .............................................. Galvanized iron pipe OHE ................................................. Overhead Electric GL ......................................... Ground line or grade line OMWD .................. Olivenhain Municipal Water District GM .............................................................. Gas meter OPP ............................................................... Opposite GNV ............................................... Ground Not Visible ORIG ................................................................ Original GP .................................................................. Guy pole PB ................................................................... Pull box GPM ................................................ gallons per minute GR ..................................................................... Grade PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene PI .................................................. Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve HPG ................................................ High pressure gas PRVC ............................ Point of reverse vertical curve HPS ............................... High pressure sodium (Light) HYDR. ........................................................... Hydraulic IE ........................................................ Invert Elevation PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC ................................................. Polyvinyl chloride ID ......................................................... Inside diameter PVMT ........................................................... Pavement INCL. .............................................................. Including PVT R/W ....................................... Private right-of-way INSP ............................................................ Inspection Q ........................ Rate of flow in cubic feet per second INV ...................................................................... Invert QUAD ....................................... Quadrangle, Quadrant IP ................................................................... Iron pipe R ....................................................................... Radius JC .................................................... Junction chamber R&O ......................................................... Rock and oil JCT ................................................................. Junction R/W .......................................................... Right-of-way JS ..................................................... Junction structure RA ....................................................... Recycling agent JT .......................................................................... Joint RAC ................................... Recycled asphalt concrete L. ....................................................................... Length RAP ............................... Reclaimed asphalt pavement LAB ............................................................. Laboratory RBAC .............................. Rubberized asphalt concrete LA T ................................................................... Lateral RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LD ..................................................... Local depression RCE ...................................... Registered civil engineer LF ................................................................ Linear foot RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole RCV ........................................... Remote control valve LL. .................................................................. Live load REF .............................................................. Reference LOL ............................................................. Layout line REINF .............................. Reinforced or reinforcement LONG ........................................................ Longitudinal RES .............................................................. Reservoir LP ............................................................... Lamp post RGE ........................ Registered geotechnical engineer LPS ................................. Low pressure sodium (Light) ROW ....................................................... Right-of-Way LS ............................................................... Lump sum RR. .................................................................. Railroad L TS .................................................... Lime treated soil RSE ............................. Registered structural engineer LWD ............................... Leucadia Wastewater District RTE .................................... Registered traffic engineer MAl NT ...................................................... Maintenance S ................................... Sewer or Slope, as applicable MAX .............................................................. Maximum SCCP ............................... Steel cylinder concrete pipe MCR ............................................ Middle of curb return SO .............................................................. Storm drain MEAS ............................................................. Measure SDNR. ............................. San Diego Northern Railway l' •+" Revised 1/30/13 Contract No. 6607 Page 48 of 147 SDR ....... Standard thermoplastic pipe dimension ratio TF .......................................................... Top of footing (ratio of pipe O.D. to minimum wall thickness) TOPO ........................................................ Topography SDRSD ......... San Die~go Regional Standard Drawings TR ........................................................................ Tract SE ....................................................... Sand Equivalent TRANS ......................................................... Transition SEC .................................................................. Section TS ......................... Traffic signal or transition structure SF ............................................................... Square foot TSC ............................................. Traffic signal conduit SFM ................................................ Sewer Force Main TSS ........................................... Traffic signal standard Sl ...................... International System of Units (Metric) TW .............................................................. Top of wall SPEC ...................................................... Specifications TYP ................................................................... Typical SPPWC ........................................... Standard Plans for UE .............................................. Underground Electric Public Works Construction USA ................................... Underground Service Alert SSPWC ............................. Standard Specifications for VAR .................................................... Varies, Variable Public Works Construction VB ................................................................ Valve box ST HWY ................................................. State highway VC .......................................................... Vertical curve ST A ................................................................... Station VCP .................................................. Vitrified clay pipe STD ................................................................ Standard VERT ............................................................... Vertical STR .................................................................. Straight VOL. ................................................................. Volume STR GR ................................................. Straight grade VWD ...................................... Vallecitos Water District STRUC ......................................... Structural/Structure W ....................... Water, Wider or Width, as applicable SW ................................................................. Sidewalk WATCH .............. Work Area Traffic Control Handbook SWD ..................................................... Sidewalk drain WI ............................................................ Wrought iron SY ............................................................. Square yard WM .......................................................... Water meter T .................................................................. Telephone WPJ ........................................... Weakened plane joint TAN ................................................................. Tangent XCONN ............................................ Cross connection TC .............................................................. Top of curb XSEC ..................................................... Cross section TEL ............................................................. Telephone 1-3.3 Institutions. Abbreviati[9n Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI... ................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA. ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey l'\ •fi' Revised 1/30/B Contract No. 6607 Page 49 of 147 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use Sl units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the Sl system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) Sl Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (!-lm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (em) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (I b) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa · s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilo pascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius (0C): °F = (1.8 X 0 C} + 32 ·············································································· oc = (°F-32)/1.8 Sl Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes ~~it~(~~·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ g~~ ~~~~~~?::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ 8:~2 {"\ •+' Revised 1/30/13 Contract No. 6607 Page 50 of 147 1-5SYMBOLS ~ L % ' I 0 PL CL SL Dellta, the central angle or angle between tangents An!~le Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Suntey line or station line SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD A.ND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMIENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper with holdings in 'favor of the Agency and to all deductions provided for in the Contract. All mone~y withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall se!t forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the~ case of bids or offers for the construction of streets or highways, including bridgres, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defin1ed by the prime contractor in his bid." l' •+' Revised 1/30/1~1 Contract No. 6607 Page 51 of 147 If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 41 07, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from {'\ •+' Revised 1/30/13 Contract No. 6607 Page 52 of 147 all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and ma1terials suppliers in a sum not less than one hundred percent of the total amount payable by the tmms of this contract. Both bonds shall e~xtend in full force and effect and be retained by the Agency during this project until they are releatsed according to the provisions of this section. The faithful performance/warratnty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in fulll force and effect for the one year warrcmty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and matterials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who E~xecuted 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 accept1ed, the Agency may require a financial statement of the assets and liabilities of the insurer at the emd 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 Gertificate as defined in Section 173 of tlhe Corporations Code. In the case of a foreign insurer, tht3 financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond !become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be ~given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS ANID SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public 'Works Construction, {'\ •+' Revised 1/30/13 Contract No. 6607 Page 53 of 147 (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of drawings. The set is designated as City of Carlsbad Drawing No. 463-78 and consists of five (5) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. {'\ •+" Revised 1/30/13 Contract No. 6607 Page 54 of 147 e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference SpE~cifications. 1 0) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawin~lS. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: VVhere CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specilfications in all other matters. 2-5.3 Submittal~:;. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have, been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the~ Engineer shall nelieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabeltical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to 1the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. l' •fi Revised 1/30/1~1 Contract No. 6607 Page 55 of 147 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If 1resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Mate,rials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue--line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Eng1ineer 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. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise proviided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation bt~tween groundwater shown in soil borin!g logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-7.1 Groundwater. Groundwater may be encountered within the project !limits. l'\ •+' Revised 1/30/13 Contract No. 6607 Page 57 of 147 The CONTRACTOR, by submitting a bid, acknowledges that he/she has investigated the risks arising from surface, ground or other waters, and acknowledges that his/her bid was prepared assuming the water is present and the dewatering work will be conducted accordingly. The CONTRACTOR, by submitting a bid, assumes all of the said risk. The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all the water entering the excavations or other parts of the work to the satisfaction of the City Engineer. Dewatering shall be accomplished by methods, which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The chose method may include, but not be limited to, cofferdams, well points, piping, French drains, etc., as necessary to accomplish the above and shall be designated by the CONTRACTOR's civil engineer and shall be the sole responsibility of the CONTRACTOR Groundwater shall be discharged into the sewer; however, discharge rate and quantity of discharged groundwater shall not exceed the capacity of the sanitary sewer system it is discharging into. The CONTRACTOR shall submit to the city engineer a dewatering plan indicating the rate of discharge (gallons per minute) for dewatering along with any proposed pre- treatment process necessary to remove suspended solids and obtain necessary permits. The disposal of water from dewatering operations shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter-Cologne Water Quality Act, 197 4, the Federal Water Pollution Control Act Amendments of 197s, and the California Administrative Code, Title 23, Chapter 3, and the Federal NPDES requirement's without damaging or soiling adjacent City, County, State, or private property. Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board Standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the CONTRACTOR and submitted to the appropriate agency and the Engineer for approval at no additional cost to the DISTRICT. Conveyance of the water shall not interfere with traffic flow or sewer treatment facilities operations. No water shall be drained into the work under construction without prior consent of the Engineer. The CONTRACTOR shall conduct his operation such that storm and other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if in the opinion of the Engineer, public or private properties are not subject to damage. The CONTRACTOR shall obtain and submit to the DISTRICT written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside the right-of-way. It shall be the CONTRACTOR's responsibility to control the surface water entering the work area at no additional cost to the city. The CONTRACTOR shall correct damage to the work area as the result of surface water at no cost to the city. If groundwater testing during construction is found to be contaminated, the CONTRACTOR shall provide, install, maintain and operate the equipment necessary to treat the contaminated groundwater to bring it to compliance with the dewatering and discharging permits from the California Regional Water Quality Control Board. The Contractor shall protect any graded aggregate backfill that has been placed from any water; i.e., rain, drainage, etc. If the graded aggregate backfill becomes statured by water in the opinion of the engineer, the CONTRACTOR shall remove the wet graded aggregate backfill and replace it with dry graded aggregate backfill at no cost to the city as directed by the engineer. Cost for protection of the placed graded aggregate backfill, including labor, equipment and materials, shall be included in the bid item for graded aggregate backfill and no additional compensation will be made therefore. l' •+i' Revised 1/30/13 Contract No. 6607 Page 58 of 147 If the material at subgrade is unstable due to high moisture content, the CONTRACTOR shall remove the material to a depth of 18" below pipe and re-establish subgrade with graded aggregate backfill at not less than 95% relative compaction to re-establish the subgradle prior to placement of graded aggregate as per plan. The CONTRACTOR may provide other methods of subgrade stabilization upon approval of the engineer. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall inde~mnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permane111lt Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil en!~ineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor slhall 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 s~~rvice. 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 woll"k, 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 survelying operations and shall personally supervise and certify the surveying work. 2-9.2. ~ Submittal of Surveying Data, All surveying data submittals slhall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Eng~neer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineerr within ten days of performing the survey. All surveying field notes, grade she~ets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81h" 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 note~s and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of l' •+' Revised 1/30/1 :3 Contract No. 6607 Page 59 of 147 Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing®, @ Spacing®,@ {Within) (£) Street Centerline SDRS M-10 ::::;1000', Street Intersections, Begin and end of on street 0.02' Monument curves, only when shown on the plans centerline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath-lntervisible, ::::; 50' on tangents at clearing line 1' Horizontal painted line & ::::; 25' on curves, Painted line -continuous on PCC &AC surfaces Slope RP +Marker lntervisible and ::::; 50' Grade Breaks 0.1' Vertical & Stake &::::;25' Horizontal Fence RP +Marker ::::; 200' on tangents, ::::; 50' on curves when N/A 0.1' Horizontal Stake R:::: 1 000' & 25' on curves when R:::; 1 000' (constant offset) Rough Grade Cuts RP +Marker ::;50' N/A 0.1' Vertical & or Fills:::: 10m Stake Horizontal (33') {'\ •+' Revised 1/30/13 Contract No. 6607 Page 60 of 147 . Feature Staked Stake Centerline or Parallel to Cente1rline Lateral Setting Tolerance Description Spacing®, ® Spacing®,® {Within) @ Final Grade RP +Marker :<;; 50' on tangents & curves when R::: 1 000' & :<;; 2<~' 3fs" Horizontal & 114'' (includes top of: Stake, Blue-:<;; 25' on curves when R :<;; 1 000' Vertical Basement soil, top in grading subbase and area base) Asphalt Pavement RP, paint on :<;; 25' or as per the intersection grid points edge of 3fs" Horizontal & 114'' Finish Course previous shown on the plan whichever provides the pavement, Vertical course denser information paving pass width, crown line & grade brealks Drainage RP +Marker intervisible & :<;; 25', beginning and end, BC & as appropriate 3fs" Horizontal & 114'' Structures, Pipes Stake EC of facilities, Grade breaks, Ali~gnment Vertical & similar breaks, Junctions, Inlets & similar facilities, FacilitiesCD, 0 Risers & similar facilities (except plumbing), Skewed cut-off lines . Curb l~.P + Marker :<;; 25', BC & EC, at Y..~. %~ & *~ on curb (constant 3fs" Horizontal & 114'' Stake returns & at beginning & end offse~t) Vertical Traffic Signal CD Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & l~P +Marker at each pole & controller location as appropriate 3fs" Horizontal & 114'' Controller CD Stake Vertical Junction Box CD R.P +Marker at each junction box location as appropriate 3fs" Horizontal & 1/4'' Stake Vertical Conduit CD l~.P + Marker :<;; 50' on tangents & curves when R::: 1 000' & as appropriate 3fs" Horizontal & when Stake :<;; 25' on curves when R :<;; 1 000' or where depth cannot be grade ::;; 0.30% measured from existing I pavement 1/4" Vertical Minor Structure CD I~P +Marker for catch basins: at centerline of box, ends of as appropriate 3fs" Horizontal & 114'' Stake + Line box & wings & at each end of the local Vertical (when vertical Stake depression ® data needed) Abutment Fill I~P +Marker ::;; 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Stake + Line Horizontal Stake Wall CD I~P +Marker :<;; 50' and at beginning & end of: each wall, BC as appropriate 1/4'' Horizontal & 1/4'' Stake + Line & EC, layout line angle points, changes in Vertical Point +Guard footing dimensions &/or elevation & wall Stake heiQht . Major Structure ® Footings, Bents, RP +Marker 1 0' to 33' as required by the Engineer, BC & as appropriate 3fs" Horizontal & 114'' Abutments & Stake + Line EC, transition points & at beginning & end. Vertical Wingwalls Point +Guard Elevation points on footings at bottom of Stake columns -Superstructures RP 1 0' to 33' sufficient to use string lines, BC & as appropriate 3/s" Horizontal & 114'' EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns . Miscellaneous ® Contour Grading I~P +Marker :<;;50' along contour 0.1' Vertical & CD Stake line Horizontal Utilities CD, 0 I~P +Marker :<;; 50' on tangents & curves when R::: 1 000' & as appropriate 3/e" Horizontal & 1/4" Stake ::;; 25' on curves when R ::;; 1 000' or where Vertical Channels, Dikes RP +Marker grade < 0.30% intervisible & :<;; 1 00', BC & EC of facilities, as appropriate 0.1' Horizontal & 1/4'' & Ditches CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities Signs CD RP +Marker At sign location Line point 0.1' Vertical & Stake+ Line Horizontal l"\ •+' Revised 1/30/1 ~~ Contract No. 6607 Page 61 of 147 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing@,® Spacing®,® (Within) w Point +Guard Stake Subsurface RP +Marker intervisible & :::;; 50', BC & EC of facilities, as appropriate 0.1' Horizontal & W' Drains CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar facilities Overside Drains RP +Marker longitudinal location At beginning & 0.1' Horizontal & 1/4" CD Stake end Vertical Markers CD RP +Marker for asphalt street surfacing :::;; 50' on tangents At marker 114'' Horizontal Stake & curves when R~ 1000' & :::;; 25' on curves location(s) when R:::;; 1000'. Railings & RP +Marker At beginning & end and :::;; 50' on tangents & at railing & %" Horizontal & Barriers CD Stake curves when R ~ 1 000' & :::;; 25' on curves barrier Vertical when R :::;; 1 000' location(s) AC Dikes CD RP +Marker At beginning & end as appropriate 0.1' Horizontal & Stake Vertical Box Culverts 1 0' to 33' as required by the Engineer, BC & as appropriate %" Horizontal & 114'' EC, transition points & at beginning & end. Vertical Elevation points on footinQs & at invert Pavement RP 200' on tangents, 50' on curves when at pavement 114'' Horizontal MarkersCD R ~ 1 000' & 25' on curves when R :::;; 1 000'. marker For PCC surfaced streets lane cold joints will location(s) suffice CD Stakmg for feature may be om1tted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature W Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. @ Some features are not necessarily parallel to centerline but are referenced thereto <d> Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® ~ means greater than, or equal to, the number following the symbol. :::;; means less than, or equal to, the number following the symbol. 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 Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) TABLE 2-9.2.2{8) Survey Stake Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red aliQnments, etc. Vertical Control Bench marks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc. Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slope protection, curbs, gutters, etc. Right-of-Way Fences, R/ W lines, easements, p_rop_erty monuments, etc. WhitelY ell ow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagg1ng and markmg cards, 1f used. {"\ • ., Revised 1/30/13 Contract No. 6607 Page 62 of 147 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private En!gineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and ~Jrades shown on the Plans. Three consecutive points set on the same slope shall be us13d together so that any variation from a straight grade can be detected. Any such variation shall be reported to 1the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for under~wound conduits will be set at the surface of the ground. The Contractor shall transfer them to thE! bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work:. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representatiive. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the~ Contract, unless otherwisE! ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in tht3 Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evalua1te Contractor's and its subcontractors performance pursuant to this Agreement, said monitorin~~~ 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 En~~ineer 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 l' • .., Revised 1/30/13 Contract No. 6607 Page 63 of 147 ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as lon!;J as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3-CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies {'\ •+' Revised 1/30/13 Contract No. 6607 Page 64 of 147 from the Bid quant~ty by more than 50 percent, payment wiill be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, 01r at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have~ been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreas1es of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engin13er, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance pm Section 3-3, e~xcept as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedul1e of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project 3.2.5 Eliminat1ed Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in conne!ction with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier ("\ •+' Revised 1/30/13 Contract No. 6607 Page 65 of 147 for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all {'\ • ., Revised 1/30/13 Contract No. 6607 Page 66 of 147 incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rentall time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be n~quired on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work b~· Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor .................................... 20 2) Materials .. . .. .. .. .. .. .. .. .. .. .. .. .. .. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work b~' Subcontractor. When aU or any part of the extra work is performed by a Subco11tractor, the markup established in Section 3-·3.2.3(a) shall be applied to the Subco11tractor'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 subc:ontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Rep1orts by Contractor. When the price fortlhe extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, mate~rials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party {'\ •+' Revised 1/30/1 ~~ Contract No. 6607 Page 67 of 147 shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure l' •+' Revised 1/30/13 Contract No. 6607 Page 68 of 147 to give written notice of potential claim for changed conditions to the agency upon their discovery and before they a1r13 disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned c;ertifies that the above statements are made in full cognizance of the California False Claims AGt, Government Code Sections 12650-12655. The undersigned further. understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By:-----·------------Title: Date: ____________________________ __ Company Name: --·--------------------------------------------------- The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit subsltantiation 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 ttle parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceed in!~ 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 En!gineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days aft(3r completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all l' •;;' Revised 1/30/13 Contract No. 6607 Page 69 of 147 documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, with.in 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 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 1 0240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time {'\ • ., Revised 1/30/13 Contract No. 6607 Page 70 of 147 no greater than that taken by the claimant in producing thE~ additional information, whichever is greater. (c)(1) For claims o1f 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 relatin~~ to defenses to the claim the local agE~ncy 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 daimant in producing th1e 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 151 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim. must be filed shall be tolled from the time the claimant submits his or her written claim pu1rsuant 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 doE~s 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 spe1cified 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. 201 04.4. The following procedures are established for alii civil actions filed to resolve claims subject to this artide: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The medialtion 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 submiUal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extl3nded 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 medialtor. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 20 16) 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 fee~s and expenses shall be paid equally l' •fi' Revised 1/30/13 Contract No. 6607 Page 71 of 147 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 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. l'\ •+' Revised 1/30/13 Contract No. 6607 Page 72 of 147 4-1.3 Inspection Requirements. 4-1.3.1 General .. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal G;asting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, E~tc., are subject to inspection at the job site only. Special! items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the~ source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those !listed in this secti1on. 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 o1f 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, Titlle 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 Engim~er 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 o1· any portion of the work or materials incorporated in the work shall not re~ieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 lnspectic>n of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspeGtor or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipmE~nt or process. This approval shall be obltained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. f\lo material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspedion by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Ag1ency. For private contracts, all costs of inspection at the~ source, including salaries and mileage c:osts, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work,, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contra~ctor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, tlhe testing expense shall be borne by the permittee. {'\ •+" Revised 1/30/13 Contract No. 6607 Page 73 of 147 The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall 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'§ expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is l' •+' Revised 1/30/13 Contract No. 6607 Page 74 of 147 equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be~ equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstc:tnce developing from the provisions of tlhis section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of applieation the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly le!~ible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated atgainst vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 pement for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution ~Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenev1er credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered usin!~ industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials atre diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test resullts, procedures, atnd facilities relevant to the disputed worl< and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the l" •fi Revised 1/30/13 Contract No. 6607 Page 75 of 147 remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be {"\ •+' Revised 1/30/13 Contract No. 6607 Page 76 of 147 delivered to the si1te 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 agree~ments for each property where such materials are storeld. The lease agreement shall clearly state~ the term of the l13ase, the description of materials allowed to be stored and shall provide for the removal of the mate~rials and restoration of the storage site within the time allowed for the Work. All !)UCh 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. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility .. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shaU contact the regional! notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTIION. The Contractor shall not interrupt the service function or disturb the support of any utiility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. l' •+' Revised 1/30/13 Contract No. 6607 Page 77 of 147 Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition, and supplements. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and {'\ •+' Revised 1/30/13 Contract No. 6607 Page 78 of 147 property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid 1for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate lthe 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 othervvise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not lhave been avoided by the judicious handling of forces, equipment, or plant, there shall be paid 1to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of th1e Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. l' •+' Revised 1/30/13 Contract No. 6607 Page 79 of 147 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.1 0.1 through 6-1.2.1 0.3. 6-1.3.1 Bar Chart Monthly Updates. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 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. l' •+' Revised 1/30/13 Contract No. 6607 Page 80 of 147 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after ordl3rs of the Engine1er, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contratctor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work on Highland must CJtccur between September 15 and February 1 to avoid nesting bird season. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6,. 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveri1es. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by th13 Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specifie~d, to maintain the rate of delivery of material, to execut1e the Work in the manner and at such locattions as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out {'\ •+' Revised 1/30/13: Contract No. 6607 Page 81 of 147 the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding ~atisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be l'\ • .., Revised 1/30/13 Contract No. 6607 Page 82 of 147 provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will dellay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equiipment, or plant. The determination of what damages the Contractor could have a1voided will be made by the E11gineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined lto 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 notic1es 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 th~~ 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 agnees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be E!Xpressed in working days. The Contractor shall diligently prosecute the work to completion within forty five (45) working days after the sta1i:ing date specified in the Notice to Proceed. All work associated with the storm drain cleanout, masonry retaining wall and energy dissipater at Station 1 0+08 on Highland Drive shall be completed by February 1, 2016. 6-7.2 Working Day. A working day is any day within the period betw~~en the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, {'\ •+' Revised 1/30/13 Contract No. 6607 Page 83 of 147 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00a.m. and 4:00p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day l' •+' Revised 1/30/13 Contract No. 6607 Page 84 of 147 in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred fifty ($250.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty ($250.00).per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. Tlhe Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic: or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean :such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume 1the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7-RESPONSIBILITIES OF THE CONTF~ACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good Gondition all equipment and facilities as nequired for the proper execution and inspection of the Work. Such equipment and facilities shalll meet all requirements of applicable ordinances and la1NS. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws nelated to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. {'\ •+' Revised 1/30/13: Contract No. 6607 Page 85 of 147 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are require·d for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the project are included in Appendix D of these supplemental provisions. Resource agency permits pertaining to this project include: · 1) California Coastal Commission Permit No. 6-12-083 dated January 29, 2014. {'\ •+' Revised 1/30/13 Contract No. 6607 Page 86 of 147 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Worfc, persons, or property. Any order or communication given to this representative shall be deemeld delivered to the Contractor. A joint venture shall desi~1nate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superin~endent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its represenjtative. In order to communicate with the Agency, the Contractor's representative!, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPEf~ATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shalll have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordinatio,n. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJEClr SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once E!ach working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. {'\ •+' Revised 1/30/13 Contract No. 6607 Page 87 of 147 Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter l' •+' Revised 1/30/13 Contract No. 6607 Page 88 of 147 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 P4oUution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention,, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R-B-2015-0100, Construction General Permit and amendments thereto, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dam8 will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Ccmtrol. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special! attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and privat1e property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the riuht-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within th1e right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjace·nt property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. ('\ •+' Revised 1/30/13 Contract No. 6607 Page 89 of 147 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to •"\ \.+' Revised 1/30/13 Contract No. 6607 Page 90 of 147 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 eith,er 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 ~1-1/2 inches by 8··1/2 inches and shall be brightly colored with contrasting printing. The materiall shall be equivalent in strength and durabiHty to 65 lb. card stock. The printing on the notice shall be no smalle~r than 12 point. An example of such notice is provided in Appendix "A" & "8". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not Ito 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 parkin!~ signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall! replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above~ requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorizeld additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public stneets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watch persons. Thel Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. {'\ •+' Revised 1/30/13, Contract No. 6607 Page 91 of 147 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 ................................................................................ . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch .......................................... .. 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District ......................................................... . 7) Waste Management ...................................................................... . (760) 602-2720 (760) 931 '-2197 (760) 931-2197 (760) 438-2980 (760) 602-2752 (760) 967-2828 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to {"\ •+' Revised 1/30/13 Contract No. 6607 Page 92 of 147 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 advisorry signs that are used only during working hours may be portable si!~ns. Portable si~1ns shall be removed from the traveled way and shielded from the view of the travE~Iing public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shatll 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 shatll be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specif1ications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lame, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintainiing Traffic. The Contractor's personnel shall not work closer than 6', nor operate equipment within 2' from any traffic lane occupied by traffic. For equipment the 2' shall be measured from the closest approach of any part of thE~ equipment as iit is operated and/or maneuvered in performing the work. This requirement maty be waived wht~n 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 the1 adjacent traffic lane or provide barriers. During the entire construction, a minimum of one 12' wide lane, except Highland Drive where minimal lane width is 1 0' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this :section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavattion adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic :shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic {'\ •+' Revised 1/30/13 Contract No. 6607 Page 93 of 147 control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including 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 l~ •+' Revised 1/30/13 Contract No. 6607 Page 94 of 147 expenses and tim'~ 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. 7-10.4 Safety. 7-1 0.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavatiion of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engin~~er has accepted the plan and the Contractor has obtained a permit from the State Division of !Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shatll be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixitures may be required on the Work. A Ma1terial Safety Data Sheet as described in Section 5194 ofthe California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. l' •+' Revised 1/30/13, Contract No. 6607 Page 95 of 147 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. {'\ •+' Revised 1/30/13 Contract No. 6607 Page 96 of 147 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial adve~rtising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and re,gulations which iin any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such latws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subjeclt to Section 1601 or Section 1603 of the Fish and Game Code, the conditions E~stablished pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a pub~ic works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwri!~ht Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8-FACILITIES FOR AGE:NCY PERSONNEL 8-1 GENERAL Field facilities for Agency personnel are not required. SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quanltities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of predsion adapted to measurement of all areas. l' •+" Revised 1/30/13 Contract No. 6607 Page 97 of 147 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for ac;tual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may l' •+' Revised 1/30/13 Contract No. 6607 Page 98 of 147 deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Werle Payment shall not be construed as the transfer of ownership of any equipment or materialls to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the V\lork, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall comm13nce on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor exc:ept such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting th13 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 {'\ •+' Revised 1/30/13 Contract No. 6607 Page 99 of 147 Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and {"\ •+' Revised 1/30/13 Contract No. 6607 Page 100 of 147 Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered! Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress e~stimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is inGiuded in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed eight thousand dollars ($8,000.00), and inclludes 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 n1ecessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite faGilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory VVork. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For lthe second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible {'\ •+' Revised 1/30/13 Contract No. 6607 Page 101 of 147 to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item Descriptions: Schedule "A" Mobilization (not to exceed $5,000) (Bid Item No. 1) Lump Sum Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on all project sites. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits if applicable. 2. Submittal of required materials and shop drawings construction schedule(s) and 3-week look ahead schedule. 3. Establishment of all offices, buildings, construction yards, fencing, sanitary facilities, and any other facilities necessary for work at all project sites. 4. Posting all OSHA required notices and establishment of safety programs. 5. The movement of personnel, equipment, supplies, and incidentals to all project sites. 6. Developing and installing construction water supply. 7. Notification of residents and businesses No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "Initial Mobilization." Payment for "Mobilization" will be made at the unit price bid, which shall constitute full compensation for all such work. Payment for Initial Mobilization will be made as follows: The total price bid for mobilization and related items shall not exceed fifteen percent (15%) of the total Base Bid for the project. The contract unit price paid for mobilization shall include full compensation for furnishing all labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals, and for doing the work involved in mobilization as specified herein. Traffic Control (Bid Item No. 2) Lump Sum The Contract lump sum price paid for the traffic control system shall include full compensation for, but not limited to, design and approval of traffic control plans, obtaining a "no cost" right-of-way permit from the city, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans for all sites including Hoover at Adams and Highland and Adams, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing l"\ ·~ Revised 1/30/13 Contract No. 6607 Page 102 of 147 beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefor. Partial payment for traffic control shall be based on the! percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate. Water Pollution Plan, Preparation and Implementation (Bid Item No. 3} !Lump Sum The contract lump sum price paid for the SWPPP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approvals, revising and amending the SWPPP, and installing, construction, maintaining, removing and disposing of BMPs as shown in the SWPPP, and as directed by the Engineer, and no additional payment will be made therefor. A Tier 2 construction SWPPP Template is available on the City Website. A sample is included in Appendix "F". Payment for preparation, implementation and monitoring of the SWPPP shall be included in the lump sum price bid; payment will be made on a basis of the percentage of work completed on the entire project. The lump sum bid price shall incl~de payment of application and annual fees required by the SDRCB until the date of the projects' substantial completion and no additional compensation shall be allowed therefor. Sheeting, Shoring and Bracing (Bid Item No. 4} Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring and bracing in conformance with CALOSHA, the plans and the contract documents. This includes all labor, material, equipment, permits and supervision and no additional compensation will be made therefor. Dewatering (Bid Item No. 5} Lump Sum The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doin9 all the work involved in providing, installing, and maintaining dewatering operations throughout construction activities including disposal of dewatering wastewater when encountered during construction activities where dewatering is required. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, preparation of dewatering plan and all incidentals, to dewater the pipeline trench during construction, including and not limited to pretreatment devices, control of water, approval processing,, and no additional compensation will be allowed therefor necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Remove Existing '15" CMP (Bid Item No.6} Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, and incidentals to perform the work to remove existing 15" CMP storm drain in accordance with the contract documents. This includes, but is not limited to, surveying, locating utilities, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, landscaping and performing all work to remove an properly dispose of the existing 15" CMP completely , and no additional compensation will be allowed therefor. {'\ •fi' Revised 1/30/13 Contract No. 6607 Page 103 of 147 Plug and Abandon Existing 15" CMP (Bid Item No.7) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, and incidentals to perform the work to abandon existing 15" CMP storm drain in accordance with the contract documents. This includes, but Is not limited to, surveying, locating utilities, back filling CMP with 1-sack sand-cement slurry, plugging each end of abandoned CMP with concrete plug (length=18"), and performing all work to abandon existing 15" CMP completely, and no additional compensation will be allowed therefor. Plug and Abandon Existing 21" CMP (Bid Item No. 8) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish all labor, materials, and incidentals to perform the work to abandon existing 21" CMP storm drain in accordance with the contract documents. This includes, but Is not limited to, surveying, locating utilities, back filling CMP with 1-sack sand-cement slurry, plugging each end of abandoned CMP with concrete or brick and mortar plug, and performing all work to abandon existing 21" CMP completely, and no additional compensation will be allowed therefor. Construct 18" RCP (2000-D) (Bid Item No.9) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and install the pipe in accordance with Sections 207-2 and 306-1, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, trenching, support of existing utilities, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, CCTV inspection and DVD (This includes, but is not limited to cleaning pipeline, providing equipment, camera set-up, taping, printout of pipe condition, and delivery of DVD) and no additional compensation will be allowed therefor. Remove Conflicting Portions of Existing CMP Storm Drain (Highland and Adams) (Bid Item No. 10) Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove, furnish and install 3/4" gravel into soil adjacent in accordance with the contract documents, This includes, but is not limited to, survey, excavation, backfilling, compaction and no additional compensation will be allowed therefor. Remove and Construct Type F Catch Basin per SDRSD D-25 (Bid Item No. 11) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to remove existing catch basin, furnish and install Type F Catch Basin including Bioclean inlet filter (or approved equal) in accordance with Section 303-1, the detail on the plans and San Diego Regional Standard Drawing D-7, and the contract documents. This includes, but is not limited to, survey, excavation, forming, PCC, backfill, base material, compaction, sawcutting, and no additional compensation will be allowed therefor. Construct Type A-4 Storm Drain Cleanout per SDRSD D-9 (Bid Item No. 12) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install Type A-4 Cleanout in accordance with Section 306-1, the detail on the plans and San Diego Regional Standard Drawing D-9, and the contract documents. This includes, but is not limited to, survey, connections, excavation, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement, painting "No Dumping" per Appendix A, and no additional compensation will be allowed therefor. ("\ •+' Revised 1/30/13 Contract No. 6607 Page 104 of 147 Construct Modified Type A-4 Storm Drain "Drop" Cleanout per SDRSD D-9 (Bud Item No. 13) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install Modified Type A-4 "Drop" Clean out in accordance with Section 306-1 , the details on the plans and San Diiego Regional Standard Drawing D-9, and the contract documents. This includes, but is not limited to, survey, connections, excavation, forming, ba1ckfill, base material, compaction, sawcutting, and removing and replacing pavement, painting! "No Dumping" per Appendix A, and no additional compensation will be allowed therefor. Construct Type B Headwall per SDRSD D-32 (Bid Item No.14) Each The contract unit price paid for this bid item shall constitute full compensation for constructing Concrete Headwa1ll, Type B in accordance with Section 303-1, the detail on the plans and San Diego Regional Standard Drawing D-32, and the contract documents, This includes, but is not limited to, survey, excavation, forming, backfill, base material, compaction, sawcutting, and no additional compensation will be allowed therefor. Construct Rip Rap {Type 1) Energy Dissipater per SDRSD D-40 (Bid Item No. 15) Each The contract unit price paid for this bid item shall constitute full compensation for aU work needed to remove, furnish and install rip rap in accordance with Section :200-1.6 and 300-11, San Diego Regional Standard Drawing D-40, the details on the plans, and the contract documents, This includes, but is not limited to, survey, excavation, backfilling, and no additional compensation will be allowed therefor. Construct Masonry Retaining Wall {Type 5) per SDRSD C-5 (Bid Item No. 16} Each The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and install masonry retaining wall in accordance with San Diego Regional Standard Drawing C-5 Type A, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compaction, steel, concrete block, grout finish grade, and no additional compensation will be allowed therefor. Construct Conc:l'ete Protection for Existing 8" Sew•~r per SDRSD SP-03(Bid Item No. 17) Each The contract unit price paid for this bid item shall constitute full compensation for all work needed to construct concrete protection for existing 8" sewer crossing the, proposed 18" RCP storm drain in accordance with Section 201-1, San Diego Regional Standard Drawing SP-03, the details on the plans, and the contract documents, This includes, but is not limited to, survey, excavation, backfilling, and no additional compensation will be allowed therefor. Remove and Construct 2' Wide PCC Brow Ditch Typ•~ B per SDRSD D-75 (Bid Item No. 18} Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and install concrete ditch in accordance with Section 303-5, San Diego Regional Standard Drawing G-13, and the contract documents. This includes, but is not limited to, survey, excavation, forming, backfill, base material, compaction, sawcutting, removing and replacing adjacent AC pavement, and no additional compensation will be allowed therefor. Remove and Construct 3' Wide PCC Drainage Swalil;~ per SDRSD G-13 (Bid Item No. 19} Linear Feet The contract unit price paid for this bid item shall constitute full compensation for all work to furnish and install concrete drainage swale in accordance with Section 303-5, San Diego Regional Standard Drawing G-13, and the contract docum•3nts. This include~s. but is not limited ., f.., Revised 1/30/13 Contract No. 6607 Page 105 of 147 to, survey, excavation, forming, backfill, base material, compaction, sawcutting, removing and replacing adjacent AC pavement, and no additional compensation will be allowed therefor. Utility Relocations not Shown on Plans and as required by Engineer Per General Provisions Section 3-3 (Bid Item No. 20} Stipulated The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing utility relocations not shown on plans and as required by engineer. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Record Drawings (Bid Item No. 21) Linear Sum The contract lump sum price paid for record drawings require that 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 per section 2-5.3 Submittals within ten (1 0) days of completion of the work. Replace Signing and Striping (Bid Item No. 22) Lump Sum The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing all the Signing and Striping including inlet stenciling and refreshing all striping within 200 feet in each direction of the project limits of work (Hoover Street, Highland Drive and Adams Street) .. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Hydroseed with Bonded Fiber Matrix (Bid Item No. 23) Lump Sum The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including rip surface to receive BFM and hydroseed and placement of BFM hydroseed in accordance with Section 02271 of the Technical Specifications and the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Perform Exploratory Excavation at Utility Connections and Crossings (Bid Item No. 24) Lump Sum The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing exploratory excavation at utility connections and crossings and at connections prior to construction, including but not limited to excavating, backfilling, pavement restoration, traffic control, and permitting. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. l' •+' Revised 1/30/13 Contract No. 6607 Page 106 of 147 Post construction CCTV Inspection and DVD (Bid Item No. 24) The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing post construction CCTV inspection of the newly constructed pipelines in accordance with these contract documents. This includes and is not limited to cleaning pipeline, providing equipment, camera set-up, taping, printout of pipeline condition and delivery of DVD, and no additional compensation will be allowed therefor. {'\ •+" Revised 1/30/13 Contract No. 6607 Page 107 of 147 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 1h") 19-mm etn 12.5-mm (1/z") 9.5-mm (%") 4.75-mm (No.4) 2.36-mm (No. 8) 75-IJm (no. 200) Sieve Sizes 25-mm (1") 19-mm etn 9.5-mm (31a") 4.75-mm (No.4) 2.36-mm (No. 8) 600-l..lm (No. 30) 300-IJm (No. 50) 75-IJm (no. 200) ., f.~ Revised 8/10/1 0 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Contract No. 6607 Type 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Page 108 of 147 SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 !PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A} <3Ji PORTLAND CEMENT CONCRETE . Type of Construction Concrete Cla~:;s All Concrete Us1ed Within the Right-of-Way 330·-C-23 (560-C-3250) <1> Trench Backfill Slurry 115·-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330·-C-23 (560-C-3250) Traffic Signal Foundations 350·-C-27 (590-C-3750} Concreted-Rock: Erosion Protection 31 0·-C-17 (520-C-2500P) Maximum Slump mm (Inches} (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete reqUired to be ofh1gher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage speciified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determim~d by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant}. Add the foHowing: All finished concrete surfaces shall have a %" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colorE~d to match the color of the concrete surtace. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors availablle, for each product {'\ .... Revised 8/1 0/1 0 Contract No. 6607 Page 109 of 147 exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and 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 201-3.7(A). TABLE 201-3. 7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Results Conditions Designation) Cone Penetration ASTM D 3407, Sec. 5 3.5mm, max. 25°C, 150 g, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C Softening Point, ASTM D 36 82 oc, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, oc ASTM D 92 288 °C, min. Viscosity, Brookfield ASTM D4402 2.5-3.5 Pa·s No. 27 Spindle, Thermosel, rpm, 190°C, ., '-+' Revised 8/1 0/10 Contract No. 6607 Page 110of147 20 SECTION 203-BITUMINOUS MATERIALS 203-6 ASPHALT GONCRETE. 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown iin Table 203-6.4.3 (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 203-6.4.3 (A) Plant inspected asphalt concrete 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 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-1 0-RAP for surface course, and B-PG64-1 0-RAP for base course. Asphalt concrete shall be class 02-PG?0-10 for dikes and class E-PG?0-10 ditches. 203-6.4.3 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 of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 10nly use Marshall Stability when the deviation between individual! Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 1 0 hours, shall not be used in the work. ("\ •fi' Revised 8/1 0/1 0 Contract No. 6607 Page111 of147 SECTION 207-GRAVITY PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 1 00-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "0" rings conforming to ASTM C-443 and C- 361 for the limits shown on the plans. Add the following: 207-25 UNDERGROUND UTILITY MARKING TAPE. 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207- 25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM 02103 0114 mm (0.0056") Tensile strength ASTM 0882 4500g/cm (25 lbs/inch) {5,500 PSI) Elongation ASTM 0882-88 <50 percent at break Printability ASTM 02578 >50 dynes/square centimeter Flexibility ASTM 0671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LOPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H20 at 1 00 degrees Celsius Five hours without peel Colors APWACode See Table 207-25.1 (B) TABLE 207-25.1(B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. ., f.., Revised 8/1 0/1 0 Contract No. 6607 Page 112 of 147 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines -APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment ·-PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 210-PAINT AND PROTECTIVE COA1riNGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 21 0-1.5(A} TABLE 210-1.5 (A} . Surface to be Painted Pre-treatment I Slllrface Primer Finish Coats Preparation Temporary Railing type (K) Abrasive Blast Cleaning to a None Two coats white Roughened, Textured Appearance Emulsion Paint <1> (1) acrylic emulsion pamt cles1gned for use on extenor masonry. Th1s pamt shall comply mall respects to Federal Spec1ficat1on TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking,· and Curb Markin~l· 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 CAL TRANS 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 CAL TRANS 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 1the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL THANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 213 -ENGINEERING GEOSYNTHET'ICS 213-5 GEOTEXTILES AND GEOGRIDS 213-5.1 General. Add the following: Geotextile types shalll be used for the applications listed in Table 213-2.1(A) ., '-+' Revised 8/1 0/1 0 Contract No. 6607 Page 113 of 147 Acrylic Application of Geotextile Table 213-5.1 (A) GEOTEXTILE APPLICATIONS Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg(% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg(% Ton} Plant Protection Covering Erosion Control Fence with 14 AWG-150 mm x 150 mm (6"x6") Wire and 3m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Add the following: 213-6 EROSION CONTROL SPECIAL TIES~ Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS 213-Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm Ctn crushed rock and securely tied closed. Plastic bags are not acceptable. Add the following section: SECTION 215 -FENCING 215-1 ENVIRONMENTAL FENCING 215-1.1 Materials. Environmental fence shall be m1mmum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required . . , ft.;; Revised 8/1 0/10 Contract No. 6607 Page 114 of 147 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FC~R PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the ContraGtor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mix13s organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. Alii 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 matde to the Contractor. 300-1.3 Removal and Disposal of Materials. Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fenc:es, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere wiith the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment Payment for clearing and grubbing shall be made at thE~ contract lump sum price for clearing and grubbing within the project limits and at stockpile loc:ations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.2.1 Generall. Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading a.nd/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply . . , '-+' Revised 8/10/1 0 Contract No. 6607 Page 115 of 147 300-2.2.1 General. Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300- 2.2.1. 300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1 ') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-11 STONEWORK FOR EROSION CONTROL 300-11.4 Payment. Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. Add the following: 300-12 ROCK SLOPE PROTECTION FABRIC. 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2 "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the ., fw.fi Revised 8/1 0/1 0 Contract No. 6607 Page 116 of 147 manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or a!gainst the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less tlhan 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover materia! is being placed. When the fabric is joine~d by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. Add the following: 300-13 STORM WATER POLLUTION PREVENTION PLAN 300-13.1 General BMP Requirements for the City of Carlsbad Contractors working at active construction sites in Carlsbad are required to comply with all applicable storm water regulations and implement BMPs in accordance with CASQA guidelines. Each operator must implement effective BMPs to reduce discharges of pollutants from construction sites. These BMPs must be site specific, seasonally and construction phase appropriate, and implemented at each construction site year round. It is the~ City's goal to obtain your voluntary compliance with the following applicable BMP requirements. • Appropriate erosion and sediment control BMPs must be installed and established for all completed slopes prior to October 1, 2015. If a BMP fatils, it must be repaired/replaced and improved with an acceptable alternate. • The contractor/developer must provide the name and phone number of the QSP or erosion control professional responsible for BMP compliance. ThE~ QSP or erosion control professional must conduct a BMP compliance inspection prior to a fore,casted event of !50% or greater, after a rain event, and weekly between October 1 and May 1 of each year. • A minimum of 125% of the material needed to install emergency BMPS must be stored onsite. BMPs must be stockpiled at various locations throughout the site for the duration of project. Whenever there is a 40% chance or greater of a rain within a five (5) day forecast, a City inspector will conduct a pre-event inspection to verify that BMPs are stockpiled and the site adequately protected. BMPs must be ready for deployment when there is SO% chance of a rain within a 72 hour forecast. Failure to comply could result in the issuance of a Stop Work Notice or other enforcement action. • The City reserves the right to temporarily stop work on any private construction site that may have the potential to contribute to storm water pollution during a forecastE3d rain event due to lack of BMPs, proximity to an environmentally sensitive area, previous compliance issues, ., f.tr Revised 8/1 0/1 0 Contract No. 6607 Page 117 of 147 amount and duration of rain expected, and/or any storm water compliance issue. Each site will be evaluated on a case by case basis to determine if a temporary stop work is necessary. • All construction workers must be trained on the importance of storm water pollution prevention and BMP maintenance prior to October 1 of each year. Training records must be retained with the SWPPP and available upon request. • All erosion and sediment control measures must be installed prior to grading and maintained throughout the duration of the project. • All inactive areas must be protected with the appropriate erosion BMPs as described in the SWPPP. This includes all building pads, unfinished roads, and slopes. The ability to install BMPs in a prompt manner is NOT sufficient; BMPs must be installed for these areas. • Deployment of the appropriate erosion control BMPs will commence as soon as slopes or disturbed areas are completed or if left inactive for 10 or more days. • All active areas must be adequately protected with a combination of the appropriate erosion and sediment control BMPs prior to a rain event predicted at 40% or greater. • When a Rain Event Action Plan is required, it must be prepared in accordance with the Construction General Permit. A copy of each updated REAP shall be placed in the project SWPPP and be available for review upon request. • All treatment control BMPs must be inspected weekly and prior to a forecasted rain event of 50% or greater. In addition, treatment control BMPs must be inspected and/or serviced prior to October 1 of each year. Verification of these inspections will be provided to the City upon request. • An updated SWPPP map is required to be maintained for all projects. The SWPPP map must show BMP installations, locations, and status updates. Additional Controls Required for Project Sites Located Within the High Priority Focus Area The High Priority Focus Area is located south of Buena Vista Lagoon, north of Agua Hedionda Lagoon, and west of Interstate 5. There is also a small designated area located west of El Camino Real and south of Highway 78. For project sites located within the High Priority Focus Area, the following additional controls are required to be implemented at all times to the maximum extent possible: • Maintain vegetative cover, as much as possible, by developing the project in a phased approach to reduce the amount of exposed soil at any one time. • Limit the areas of active construction to five acres at any one time. • Provide 100 percent soil cover for areas of inactive construction throughout the duration of the project. • Provide perimeter control at all appropriate locations along and at all storm drain inlets. Perimeter protection will be upgraded and must provide sufficient protection from run off during rain events. • Provide vegetated buffer strips between the active construction area and any water bodies. • Provide stabilized construction entrances that limit vehicle and foot traffic. The City will continue to conduct scheduled and unscheduled inspections to verify compliance with storm water regulations. Please keep in mind that compliance is dependent on the continued use of BMPs and the consistent implementation of an employee-training program. Failure to comply with the minimum BMPs may result in escalated enforcement actions which include, but not limited to, Stop Work Notice, Notice of Violation, Default of Erosion Control ., f.fi' Revised 8/1 0/1 0 Contract No. 6607 Page 118 of 14 7 Bonds, and the assessment of administrative fines. Please contact your Project Inspector to review your site specific BMP requirements. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these1 Special Provisions. Contractor will be provided the digital format for SWPPP to complete~ required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engiineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the projeclt and to identify, construct, implement and maintain storm water pollution prevention measure's, hereafter ref1~rred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is complleted under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when ., f.fi' Revised 8/1 0/1 0 Contract No. 6607 Page 119 of 147 deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. 300-13.1.3 Payment. The Contractor shall provide storm water pollution prevention at the contract lump sum bid price. The contract lump sum price paid for "storm water pollution prevention" shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of storm water pollution prevention control plans, placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the storm water pollution 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 storm water pollution preventions plan designs shall be included in the lump sum bid and no additional payment will be made therefore. Progress payments for "Storm Water Pollution Prevention" will be based on the percentage of the improvement work completed. 300-13-1.2Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. 300-13.1.4SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, ., f.~ Revised 8/1 0/10 Contract No. 6607 Page 120 of 147 inspection, maintenance, removal and disposal of control measures atre specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided ~hroughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start o1' applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-13.1.5Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measun3s that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall bE~ used to ensure that the necessary measures are being properly implementE3d, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site! shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the En!gineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City . . , f.+7 Revised 8/10/1 0 Contract No. 6607 Page 121 of 147 SECTION 301-TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include 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 Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing-so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be. made therefore. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. {'\ •+J1 Revised 8/10/1 0 Contract No. 6607 Page 122 of 147 (Name of Contracto" (Address of Contracto" (Contractor's l.icense Numbe" (Date) As a part of the City of Carlsbad's ongoing program to maintaiin its storm drain system, construction activities will be occurring in your neighborhood. Portions of the roadway may require full or partial clo!sure during the construction process. You will also notice temporary no parkiing signs on your street with a specific no parking date written on it. The work includes reconstruction of the storm fr1om the end of the Hoover Drive cul-de-sac to the Agua Hedionda Lagoon. In addition a portion of the storm drain system in Adams and Highland Drive will be reconstruc1ted. (Name of Contracto" is the Contractor that will IDe performing the work for the City and you may call them at (24 hour per day ,attended tel~phone number in the 760 area code) for any questions you may have about the! project. On the day your street is surfaced mail delivery may be delayed until the next day. You will not kn,ow the exact date your street will be closed until you receive the 3 %" x 8 %"card. If you have a moving cc•mpany scheduled to come to your 111ouse wi1:hin the next two weeks, please c:all and infonn the Contractor of the date. Uf you have any concerns whic:h are not addressed by the Contractor, piE~ase call the City's Engineering l1nspection De1Jartment at 602- 2780. They wm assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the C4)Unty due il:o the concern and cooperation of citizens like you. Your coope1ration is greatly appreciated. {'\ •f' Revised 8/1 0/1 0 Contract No. 6607 Page 123 of 147 During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners 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. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine 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 door hangers, 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 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix "A", with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. 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. 302-5.5 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. 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. •"'\ f.+r Revised 8/10/1 0 Contract No. 6607 Page 124 of 147 modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roilier as described in this section. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit prioe bid per ton. No additional payment shall be made for any tack coat or sand blotter. 302-13 AC DIKE .. 302-13.1 General. Type 3D PG-70-10 grade asphalt shall be used for all dikes. The combined aggregate grading for asphalt concrete placed for AC Dike shall conform to that specified for the asphalt concrete placed on the traveled way, unless directed by the Engineer. The amount of asphalt binder used in the asphalt concrete placed in dikes, unless directed by the Engineer, shall be increased one percent by weight of the aggregate over the amount of asphalt binder used in the asphalt concrefte placed on the traveled way. 302-13.2Piacement. Dikes shall be shaped and compacted with an extrusion machine or other equipment capable of shaping the compacting to the required lines, grades and cross section. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Add the following: If groundwater is encountered, Contractor shall work a minimum 2' deep of %" gravel into soil to provide an adequate base for construction of concrete structure. 303-1.11 Payment. DELETE the SUBSECTION in its ENTIRETY and REPLACE with the following: Payment for concrete structures, including but not limited to, modified Type F catch basin per SDRSD standard drawing D-25 and the details shown on the plans, Type B headwall per SDRSD standard drawing D-33 and the details shown on the plans, and debris wall per the detail shown on the plans, will be made as set forth in the Bid Schedule. Payment shall include compensation for furnishing all labor, materials, tools, and equipment necessary to construct the concrete structures complete in place. Items shall include cast-in-place PCC, steel reinforcement, covers, rims, grates, frames, collars, cone and draft sections, bases, steps, clean up; and for all other work necessary to install the concrete structure, complete in place, and no additional compensation will be allowed therefore. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 General. Portland Cement Concrete construction shall include, but not limited to, concrete curb outlet, terrace ditch, and all other miscellaneous PCC construction items as indicated on the plans and per these Specifications. Concn~te shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. PCC and all other material unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-way and disposed of by the Contractor at a site of his own choice and he/shE~ shall pay all costs incidental to the disposal. ., f.., Revised 8/1 0/1 0 Contract No. 6607 Page 125 of 147 PCC cross gutter construction shall conform to SDRSD Standard Drawing G-13, the details on the plans, and these Specifications. PCC ditch construction shall conform to SDRSD Standard Drawings D-75, Type B, the details on the plans, and these Specifications. Adjacent AC/AB removal and replacement full depth AC, associated with concrete curb construction, shall be a minimum depth of 6-inches and a minimum width of one foot and shall conform to the requirements established elsewhere in these Specifications. The Contractor shall verify with a "smart level", string line and/or water testing that positive drainage is maintained upon completion of finishing, and any irregularities causing water pending shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to pouring any PCC construction improvements. 303-5.5.2 Curb. 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) T pe of under round facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve TABLE 303-5.5.2(A) Curb Face Markings Markin w s RW 303-5.9 Measurement and Payment. Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 306 -OPEN TRENCH CONDUIT CONSTRUCTION 306-1 GENERAL Add the following: 306-1.1.1 General. When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined witout excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-1.1.2 Maximum Length of Open Trench. The first sentence for the first paragraph is hereby deleted and replaced with the following: ., f.., Revised 8/10/1 0 Contract No. 6607 Page 126 of 147 Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed in a single day. Add the following: 306-1.1.3 Removal and Replacement of Surface lmprovE~ments. Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 300-"1.3 of the Standard Specifications and these Special Provisions and reconstructed in accordance with Section 302 or Subsection 303 of the Standard Specification and these Sp1~cial Provisions. Add the following section: 306-1.1.4 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and ciircumstance of use. Add the following section: 306-1.1.4.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approve!d by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the folllowing requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate brid!ging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER+ SPEED (kmh) + SLOPE X 1 00] X LANES 1000 8 PS = [ ADT + EWL + DA Y.S + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 1 00] X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = equivalent wheel loads as defined in lthe Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = total number of 24 hour periods during which the plates will be utilized at the site being considered. = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. ., \.~ Revised 8/1 0/1 0 Contract No. 6607 Page 127 of 147 SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trench less construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.4.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2- 5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.4.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A) . •"\ f.~ Revised 8/1 0/10 Contract No. 6607 Page 128 of 147 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 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 Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 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. 306-1.6 Basis of Payment for Open Trench Installation. The second and third paragraphs of this section are hereby deleted and replaced with the following: The price per linear foot for storm drain in place shall be considered full compensation for all pipe, sawcut, removal and disposal of existing PCC and AC pavement, trench excavation, bedding, backfill, over excavation of trench as needed, appurtenances, potholing and support of existing utilities, preparation of subgrade, trench plates, re-establishment of existing pavement markings, striping and raised pavement markers, asphalt concrete, bedding for crossing utilities, video tape inspection, and all other work necessary to install storm drain pipe, complete and in place and no additional compensation shall be allowed therefor. SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 314-5.4 PLACEMENT. Add the following. 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: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc ., \.., Revised 8/10/10 Contract No. 6607 Page 130 of 147 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. ('\ •+1 Revised 8/10/10 Contract No. 6607 Page 131 of 147 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 602 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 602-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 602-1.1 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. 602-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "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. Add the following section: 602-1.3 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 (1 000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. 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 ., '-ti Revised 8/1 0/1 0 Contract No. 6607 Page 132 of 147 immediately be replaced or restored to their original location, by the Contrc:1ctor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 602-2 TEMPORARY TIRAFFIC SIGNING. Add the following section: 602-2.1 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: 602-2.2 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: 602-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 602-3.1 Temporary RaiiDng 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. 602-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on tha project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "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. 602-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS 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 StructiUres"." 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 316M. 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 (%") thick plate welded on the upper end with a 5-mm e/16") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the l'\ •+' Revised 8/1 0/1 0 Contract No. 6607 Page 133 of 147 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. Add the following section. 602-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS 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 (1 0') 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 Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 602-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" 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 CAL TRANS 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 CAL TRANS 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 Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CAL TRANS 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 . . , f.~ Revised 8/1 0/10 Contract No. 6607 Page 134 of 147 Add the following section: 602-4 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 sp1ecial provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-paintin!g, replacement of damaged units and removal and shall also be included in the lump-sum price\ bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. {"\ •fi Revised 8/10/10 Contract No. 6607 Page 135 of 147 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 8 LANDSCAPE AND IRRIGATION Add the following: 308-1.1.1 General. The Contractor shall maintain all landscape and private property surrounding the construction to the greatest extent possible. Any landscape, plants, walls, or steps stones disturbed shall be restored to pre-construction condition. •'\ f.+i' Revised 8/1 0/1 0 Contract No. 6607 Page 136 of 147 TECHNICAL SPECIFICATION BONDED FIBER MATRIX PART 1 -GENERAL SUBMITTALS A. Submit a certificate of compliance for bonded fiber matrix and related tackifier at least 5 business days before application. Certificates of compliance must inc:lude: 1. Product label 2. List of applicable nonvisible pollutant indicators for soil amendment and stabilization products 3. Report of acute and chronic toxicity tests on aquatic organisms conforming to EPA methods 4. List of ingredients, including chemical formulation 5. Properties of polyacrylamide in tackifier including (1) percent purity by weight, (2) percent active content, (3) average molecular weight, and (4) charge density PART 2-PRODUCTS MATERIALS A. Fiber 1. Fiber for bonded fiber matrix must be 100 percent wood fiber and comply with the requirements for fiber except the sieve requirement must be at least 50 percent retained on a no. 25 sieve. 2. Fiber must be wood fiber. Wood fiber must be a long strand, whole wood fiber thermomechanically processed from clean whole wood chips. B. Bonded Fiber Matrix Tackifier 1. Tackifier for bonded fiber matrix shall: a. Be bonded to the fiber or prepackaged with the fiber by the manufacturer b. Contain a minimum of 10 percent of the combined weight of the dry fiber, activating agents, and additives c. Be an organic, high viscosity colloidal polysaccharide with activating agents or a blended hydrocolloid-based binder '-' •fi' Revised 8/1 0/1 0 Contract No. 6607 Page 137 of 147 C. Hydroseed Seed for Temporary Disturbed Areas. Hydroseeding Mix for the temporary disturbed (slope) area shall consist of not less than the seed varieties shown in Table A. Table A SEED FOR DISTURBED AREAS Seed Variety Applicati on Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20(1) Festuca Megalura, Zarro Fescue 2.5 20 Eschscholzia Californica 0.35 3 Achillea Millefolia 0.45 4 Alyssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 .. (1) Rose Clover shall be maculated w1th a mtrogen f1xmg bactena and be applied dry e1ther by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. PART 3-EXECUTION BONDED FIBER MATRIX A. Bonded fiber matrix must be a hydraulically-applied material composed of fiber and tackifier, and may also include seed and fertilizer if prescribed on the Drawings. B. Apply bonded fiber matrix materials in the locations, rates, and number of applications shown on the Drawings and as follows: 1. Apply in successive passes as necessary to achieve the required application rate. 2. Form a continuous uniform mat with no gaps between the mat and the soil surface as follows: a. Apply in 2 or more directions if necessary. b. Apply in layers as necessary to avoid slumping and aid drying. C. Apply bonded fiber matrix at the rate of 3,500 lb/acre . . "' f.., Revised 8/1 0/1 0 Contract No. 6607 Page 138 of 147 -~ ~1 Revised 8/1 0/1 0 APPENDIX "C" Standard Plans Contract No. 6607 VOLUME 3-STANDARD DRAWINGS & SPECIFICATIONS CHAPTER 2 -CITY OF CARLSBAD MODIFICATIONS TO THE SAN DIEGO REGIONAL STANDARD DRAWINGS Note: The minimum allowable concrete mix design for all concrete placed within public right- of-way shall be 560-C-3250 as specified in the Standard Specifications for Public· Works Construction. DWG. MODIFICATION D-2 Enlarge curb inlet top to width of sidewalk (not to exceed 5'6") by length of inlet including wings. Existing reinforcing steel shall be extended across enlarged top to clear distances shown. D-20 Delete. D-27 Add: A maximum of three (3) combined outlets in lieu of Std. D-25. D-40 Add: "T" dimension shall be a minimum of three (3) times size of rip rap. D-70 Minimum bottom width shall be 6' to facilitate cleaning. D-71 Minimum bottom width shall be 6' to facilitate cleaning. D-75 Delete "Type-A" Add: 6" x 6" x #1 0 x #1 0 welded wire mesh, instead of stucco netting. E-1 Delete direct burial foundation. Add: The light standard shall be pre-stressed concrete round pole. E-2 Grounding per note 2. Attachment of the grounding wire to the anchor bolt shall be below the light standard base plate with an approved connection. G-3 Delete. G-5 Add: Note 4. Tack coat shall be applied between dike and existing asphalt concrete surface as specified in Section 302-5.4 SSPWC. G-6 Type 8-1 not used. When specified, Type 8-2 shall have a curb height of8", width of 6", with a 3: 1 batter. When specifically approved by the City Engineer, Type 8-3 shall have a curb height of 8", width of 6", a 3:1 batter with the hinge point eliminated. G-11 Add: Remove curb/gutter and sidewalk from score-mark to score-mark or from joint-to-joint or approved combination. Volume 3-Chapter 2 1 of 2 CITY OF CARLSBAD MODIIFICATIONS TO TI-lE SAN DIEGO REGIONALSTA.NDARD DRAWINGS (CONTINUED) DWG. MODIFICATION G-12 Add: smooth trowel flow line (typical) 7-1/2" thick with a minimum of 6" of aggregate base per City of Carlsbad Standard GS-17. G-13 Add: smooth trowel flow line (typical), 7-1/2" thick, with a minimum 6" of aggregate base per City of Carlsbad Standard GS-17. G-14 Change: Residential Thickness= 5-1/2" Commercial/Multi-Family Residential Thickness= 7-1/2" G-15 Delete requirement 3 G-24 Replaced with Carlsbad Standard Drawing GS-25 G-25 ''Type-C" only (delete "Type D") G-26 Change thickness from 5-1/2" to 7-1/2" and add minimum 4" Class II base under curb/gutter (to 6" past back of curb). G-33 Delete G-34 ''Type-C'' only (delete "TypeD") G-35 "Type-F"' only (delete "Type E") M General: Agency shall be "City of Carlsbad" M-2 Add: To be used only with specific approval of the City Engineer. Volume 3 -Chapter 2 2 of2 APPENDIX "D" CEQA Compliance/Coastal Development Permit {"\ •+" Revised 8/1 0/1 0 Contract No. 6607 APPENDIX 8 LOCAL AGENCY REVIEW FORM SECTION A (To BE coMPLETED BY APPLICANT} Applicant Sherri Howard, Associate Engineer, City of Carlsbad Project Description Remove and replace existing storm drain p~peline and rehabilitate existing storm drain pipeline. Location Hoover Street between Adams Street and the north shore of Agua Hedionda Lagoon within the City of Carlsbad. Assessor's Parcel NIJmber The public right-of-way and with APN No's 206-171-0300 and_206-172-0400 SECTION 8 (To BE COMPLETED BY LOCAL PLAINNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation Public right-of-way & R-1-15,000 N.A. dulac ....;,.;..;;....;.;.._ ____ _ General or Community Plan Designation Public right-of-way & Rl.M N.A. dulac ....;,.;..;;....;.;.._ ___ _ Local Discretionary Approvals 1Z1 Proposed development meets all zoning requirements and needs no local permits other than building permits. D Proposed development needs local discretionary approvals noted below. Needed Received CEQA Status 0 0 0 0 D D D D 0 0 D D D 0 0 D 0 0 0 D Design/Architectural review Variance for Rezone from Tentative Subdivision/Parcel Map No. Grading/Land Development Permit No. Planned Residential/Commercial Development Approval Site Plan Review Condominium Conversion Permit Conditional, Special, or Major Use Permit No. Other ----------- ~ Categorica11ly Exempt Class 1 -Section 15302(c) Item Replacement Reconstruction D Negative Declaration Granted (Date) -------------------------------------D Environmental Impact Report Required, Final Report Certilrred (Date) -------------------0 Other ------------------------------------------------------ Prepared for the City of Date December 14, 2012 _C_a_rls_b_ad ________________ by _;..P_;..a.:..;,;m-=D_;..re:..:.w.;...._ ______ _ Title Associate Planner 12 Page 3 Date: January 29, 2014 Permit Application No.: 6-12-083 COASTAL DEVELOPMENT PERMIT 2. Interim Erosion Control & Construction BMPs Plan. A. PRlOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, an Interim Erosion Control and Construction Best Management Practices plan, prepared by a licensed civil engineer or qualified water quality professional. The consulting civil engineer/water quality professional shall certify in writing that the Interim Erosion Control and Construction Best Management Practices.(BMPs) plan is in conformance with the following requirements: 1. Erosion Control Plan (a) The plan shall delineate the areas to be disturbed by grading or construction activities and shall include any temporary access roads, staging areas and stockpile areas. (b) Include a narrative describing all temporary run-off and erosion control measures to be used during construction. (c) The plan shall identify and delineate on a site or grading plan the locations of all temporary erosion control measures. (d) The plan shall specify that should grading take place during the rainy season (November 1 -March 31) the applicant shall install or construct temporary sediment basins (including debris basins, desilting basins or silt traps); temporary drains and swales; sand bag barriers; silt fencing; stabilize any stockpiled fill with geofabric covers or other appropriate cover; install geotextiles or mats on all cut or fill slopes; and close and stabilize open trenches as soon as possible. (e) The erosion control measures shall be required on the project site prior to or concurrent with the initial grading operations and maintained throughout the development process to minimize erosion and sediment from runoff waters during construction. All sediment should be retained on-site, unless removed to an appropriate, approved dumping location either outside of the coastal zone or within the coastal zone to a site permitted to receive fill. (f) The plan shall also include temporary erosion control measures should grading or site preparation cease for a period of more than 30 days, including but not limited to: stabilization of all stockpiled fill, access roads, disturbed soils and cut and fill slopes with geotextiles and/or mats, sand bag barriers, silt fencing; temporary drains and swales and sediment basins. The plans shall also specify that all disturbed areas shall be seeded with native grass species and include the technical specifications for seeding the disturbed areas. These temporary erosion control measures shall be monitored and maintained until grading or construction operations resume. Page4 Date: January 29, 2014 Permit Application No.: 6-12-083 COASTAL DEVELOPMENT PERMIT 2. Construction Best Management Practices (a) No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. To avoid disposal of construction materials, debris, or waste into the ocean, appropriate catch basins shall be installed prior to commencement of construction. (b) Any and all debris resulting from demolition or construction activities shaH be removed from the project site within 24 hours of completion of the project. (c) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (d) All trash and debris shall be disposed in the~ proper trash and recycling receptacles at the end of every construction day. (e) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (f) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal de:velopment permit or an amendment to this permit shall be required before disposal c:an take place unless the Executive Director determines that no amendment or new pc~rmit is legally required. (g) All stock piles and construction materials shall be covered, cmclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and !;hall not be stored in contact with the soil. (h) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (i) The discharge of any hazardous materials Into any receiving waters shall be prohibited (j) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other consttuction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall b'~ located as far away from the receiving waters and storm drain inlets as possible. (k) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or c:onstruction-related materials, and to contain sediment or contaminants associatt~d with demolition or construction activity, shall be implemented prior to the on-stet of such activity (1) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. .. 3. Page 5 Date: January 29, 2014 Permit Application No.: 6-12-083 COASTAL DEVELOPMENT PERMIT B. The final Interim Erosion Control and Construction Best Management Practices plan shall be in conformance with the site/development plans approved by the Coastal Commission. Any changes to the Coastal Commission approved site/development plans required by the consulting civil engineer/water quality professional shall be reported to the Executive Director. No changes to the Coastal Commission approved final site/development plans shall occur without an amendment to the coastal development permit, unless the Executive Director determines that no amendment is required. Construction Staging Area. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a detailed plan identifying the location of staging areas and access corridors to the construction sites. The plan shall include, at a minimum, the following: a) No overnight storage of equipment, construction materials, or excavated materials shall occur within native vegetation areas or public parking spaces. Stockpiles shall be located away from drainage courses, covered at all times and contained with runoff control measures. b) Storage and staging areas shall be located in a manner that has the least impact on vehicular and pedestrian traffic. c) Staging site(s) shall be removed and/or restored immediately following completion of the development. The applicant shall undertake the development in accordance with the approved plan. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the plan shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Sensitive Speciesffiming. To avoid potential impacts to breeding activities of the California gnatcatcher, migratory songbirds, and other bird species associated with the adjacent sensitive open water, wetland, riparian, and coastal sage scrub habitat, construction will not be permitted between the dates of February 15th to August 31st of any year, unless approved in writing by the California Department ofFish and Wildlife and/or the U.S. Fish and Wildlife Service. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 29, 2014 Permit Application No.: 6-12-083 4. Assianment. Tlhe permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDinONS: This pennit is granted subject to the following special~conditions: Page3 1. Final Plams. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for mview and written approval, final plans for the development. Said plans shall be in substantial confonnance with the preliminary plans submitted on November 6, 2013 and include that all stonn drain structures be equipped with trash racks to filter large trash particles from entering Agua Hedionda Lagoon. The applicant shall undertake development in accordance with the appmved final plans. Any proposed changes to the approved fmal plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Dilrector determines that no amendment is legally required. 1. Interim Jl~rosion Control & Construction BMPs P:tan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, an Interim Erosion Control and Construction Best Management Practices plan, prepall'ed by a licensed civil engineer or qualified ·water quality professional. The consulting civil engineer/water quality professional shall certify in writing 1that the Interim Erosion Control and Construction Best Management Practices (BMPs) plan is in confonnance with the following requirem~mts: 1. Erosion Control Plan (a) The plan shall delineate the areas to be disturbed by grading or construction activities and shall include arly temporary access roads, staging areas and stockpile areas. (b) Include a narrative describing all tempormy run-off and erosion control measures to be used during construction. (c) The plan shall identify and delineate on a site or grading plan the locations of all temporary erosion control measures. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 29, 2014 Permit Application No.: 6-12-083 Page4 (d) The plan shall specify that should grading take place during the rainy season (November 1 -March 31) the applicant shall install or construct temporary sediment basins (including debris basins, desilting basins or silt traps); temporary drains and swales; sand bag barriers; silt fencing; stabilize any stockpiled fill with geofabric covers or other appropriate cover; install geotextiles or mats on all cut or fill slopes; and close and stabilize open trenches as soon as possible. (e) The erosion control measures shall be required on the project site prior to or concurrent with the initial grading operations and maintained throughout the development process to minimize erosion and sediment from runoff waters during construction. All sediment should be retained on-site, unless removed to an appropriate, approved dumping location either outside of the coastal zone or within the coastal zone to a site permitted to receive fill. (f) The plan shall also include temporary erosion control measures should grading or site preparation cease for a period of more than 30 days, including but not limited to: stabilization of all stockpiled fill, access roads, disturbed soils and cut and fill slopes with geotextiles and/or mats, sand bag barriers, silt fencing; temporary drains and swales and sediment basins. The plans shall also specify that all disturbed areas shall be seeded with native grass species and include the technical specifications for seeding the disturbed areas. These temporary erosion control measures shall be monitored and maintained until grading or construction operations resume. 2. Construction Best Management Practices (a) No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. To avoid disposal of construction materials, debris, or waste into the ocean, appropriate catch basins shall be installed prior to commencement of construction. (b) Any and all debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project. (c) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (d) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (e) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (f) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 29, 20114 Permit Application No.: 6-112-083 Page 5 amendment to this permit shall be required before disposal c:an take place unless the Executive Director determines that no amendment or new p€~rmit is legally required. (g) All stock piles and construction materials shall be covered, €:nclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (h) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (i) The discharge of any hazardous materials into any receiving waters shall be prohibited. G) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other constiuction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be~ located as far away from the receiving waters and storm drain inlets as possible. (k) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or c:onstruction-related materials, and to contain sediment or contaminants associatc:d with demolition or construction activity, shall be implemented prior to the on-st~t of such activity (I) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. The J5nallnterim Erosion Control and Construc~tion Best Managc:ment Practices plan shall be in conformance with the site/development plans approved by 1he Coastal Commission. Any changes to the Coastal Commission approved site/development plans required by the consulting civil engineer/water quality professional shall be reported to the Executive Director. No changes to the Coastal Commission approved final site/development plans shall occur without an amendment to the coastal development pe:rmit, unless the Executive Director determines that no amendment is required. 3. Construction Staging Area. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for revic:w and written approval, a detailed plan identifying the location of staging areas and access conidors to the construction sites. The plan shall include, at a minimum, the following: a) No overnight storage of equipment, construction materials, or ex1cavated materials shall occur within native vegetation areas or public parking spaces. Stockpiles shall be located away from drainage courses, covered at all times and contained with runoff control measures. NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: January 29, 2014 Permit Application No.: 6-12-083 b) Storage and staging areas shall be located in a manner that has the least impact on vehicular and pedestrian traffic. PageS c) Staging site(s) shall be removed and/or restored immediately following completion of the development. The applicant shall undertf;lke the development in accordance with the approved plan. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the plan shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Sensitive Speciesffiming. To avoid potential impacts to breeding activities of the California gnatcatcher, migratory songbirds, and other bird species associated with the adjacent sensitive open water, wetland, riparian, and coastal sage scrub habitat, construction will not be permitted between the dates ofFebruary 15th to August 3151 of any year, unless approved in writing by the California Department ofFish and Wildlife and/or the U.S. Fish and Wildlife Service. G :\San Diego\Noi 2000\6-12-083n.docx -~ '-., Revised 8/1 0/1 0 APPENDIX "E" CCTV Reports Contract No. 6607 Tabular Report of PSR 01160-8 X for City of Carlsbad Setup 3 Surveyor BDS Certificate # u-704-1515 System Owner Drainage Survey Customer P/0# 6607 Date 2009/11/17 Time 10:40 Street Hoover and Adams Locality Carlsbad Further location details Start 0116D-8 Rim to invert Grade to invert Rim to grade Ft Finish 16D-10 Rim to invert Grade to invert Rim to grade Ft Use Storm Water Direction Down Flow control Tape/Media # 1 Shape Circular Height 21 Width ins Preclean N Year Cleaned Material Corrugated Metal Pipe Joint length Ft Total length 301.0 Ft Length Surveyed 301.0 Lining Year laid Year rehabilitated Weather Dry Purpose Cat Additional info Structural O&M Constructional Location Miscellaneous Hydraulic -Count Video CD Code ln1 ln2 o/o Jnt FrTo lmRef Remarks 0.0 01210 ST Start of Survey 0.0 01210 AMH Manhole 01160-8 0.0 01210 MWL Water Level 0 235.6 LFD Lining Failure Detached O:l 301.0 AMH Manhole 160-10 301.0 FH End of SUivey 301.0 Ft Total Length Surveyed Scores r-=--~~s.r;:~i~~;---=-=~~1~~ ~ ~~==~~~=--===~~:~~f~---~=~~::: ~====~=--=-===~-~:i: ~-==~ -·---·-----·-··-·------··--------·-------------------·-··-···---···--·-------·-----------·--·--···-·------------··-·· ......... J Affordable Pipeline Services Phone: 858-689-4000 Tabular Report of PSR 160-10 X for City ,of Carlsbad Setup 4 Surveyor BDS Certificate # u-704-1515 System Owner Drainage Survey Customer P/0# 6607 Date 2009/11/17 Time 11:01 Street Hoover and Adams Locality Carlsbad Further location details Start 16D-10 Rim to invert Grade to invert Rim to 11rade Ft Finish DO 160-8 Rim to invert Grade to invert Rimtonrade Ft - Use Storm Water Direction Down Flow control! Tape/Media # 1 Shape Circular Height 21 Width ins Preclean N Year Cleaned Material Corrugated Metal Pipe Joint length Ft Total length Ft Le111gth Surveyed 11 0.6 Lining Year laid Year rehabilitated Weather Dry Purpose Cat Additional info Structural O&M Constructional Location Miscellaneous Hydraulic .. -I Count Video CD Code ln1 ln2 % Jnt IFrTo lmRef Remarks 0.0 02111 ST Start of Survey I 0.0 02111 AMH Manhole 160-10 0.0 02111 MWL Water Level 0 101.4 S01 H Hole 06 -110.6 MGO General Observation blocked by hole in bottom 110.6 F01 H Hole 06 110.6 MSA Abandoned Survey blockd 110.6 Ft Total Length S!lrveyed Scores t,-~--S!rY.~!urat::~-~=~-=~==:::t(}~L§.-:-_:==:.~=--~===-Mean Def.~(o---.._=::---Peak 3 --------Mean P!P.e 0.1 -] Service: To1tal 0 Mean Defect 0 Peak 0 Mean Pipe 0 ,,. ______________ __:_ __ , ____ ,_M ___ ,, ___ ~H""-----~----···--· --·------~~----~--~--------.. -~-·-~·-~--·••0•-----·-··----·-·-----····------·------- Affordable Pipeline SeNices Phone: 858-689-4000 Tabular Report of PSR 01168-35 X for City 4i)f Carlsbad Setup 5 Surveyor BDS Certificate # u-704-1515 System Owner Drainage Survey Customer Ml'l~'l ltdl\cl P/0# 6607 IOate 2009111117 Time 11:31 Street Adams and Island- v Locality Carlsbad Further location details Start DI16B-35 Rim to invert Grade to invert Rim to !Jirade Ft Finish 00218-2 Rim to invert Grade to invert Rim to !Jirade Ft Use Storm Water Direction Down Flow control Tape/Media # I Shape Circular Height 15 Width ins Preclean N Year Cleaned Material Corrugated Metal Pipe Joint length Ft Totallengtll 60.2 Ft Length Surveyed 60.2 Lining Year laid Year rehabilitated Weather Dry Purpose Cat Additional info Structural O&M Constructional Location Miscellaneous Hydraulic Count Video CD Code ln1 ln2 % Jnt t=rTo lmRef Remarks I 0.0 02910 ST Start of Survey I 0.0 02910 AMH Manhole 01168-35 0.0 02910 MWL Water Level 0 ~ 24.5 D Deformed 20 pusherJ :n 60.2 AMH Manhole DO 216-2 602 FH End of Survey 60.2 Ft Total Length Sui!'Veyed Scores E-. -----------···-------------------------------------------------------------------------------------------------·-·--! __ $.1r!!J:l!-!!!i.t_ _ ______ "(Q!t@L~------Mean Defect 5 _e_eak_§ Mean Pipe 0.1 ~ Service: Total 0 Mean Defect 0 Peak 0 Mean Pipe 0 --. ··-···----------···----------------·-.. ----------------------------___________________ j Affordable Pipeline Services Phone: 858-689-4000 APPENDIX "F" Tier 2 Storm Water Pollution Prevention Plan Templatte •"\ ~+' Revised 8/1 0/1 0 Contract No. 6607 Ccityof Carlsbad STORM WATER COMPLIANCE FORM - TIER 2 CONSTRUCTION SWPPP E-30 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I am applying to the City of Carlsbad for one or more of the following type of construction permit(s): 0 Grading Permit 0 Building Permit 0 Right-of-Way Permit My project does not meet any of the following criteria for a project that poses a significant threat to storm water quality: ../ My project does not include clearing, grading or other ground disturbances resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, My project is not part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; and, ./ My project is not located inside or within 200 feet of an environmentally sensitive area and will not have a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). My project requires preparation and approval of a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP) because my project meets one or more of the following criteria demonstrating that the project potentially poses a moderate threat to storm water quality: D My project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); and/or, D My Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and, my project meets one or more of the following additional criteria: • Project is located within 200 feet of an environmentally sensitive area or the Pacific Ocean; • Project's disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; • Project's disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • Project will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 2 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF CITY STANDARDS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST ADHERE TO, AND AT ALL TIMES, COMPLY WITH THE CITY APPROVED TIER 2 CONSTRUCTION SWPPP THROUGHOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. Applicant Information and Signature Box This Box for City Use Only_ Address: Assessor's Parcel Numbers: Yes No City Concurrence: Applicant Name: Applicant Title: By; Applicant Signature: Date: Date: Project ID; E-30 Page 1 of 1 REV 07/14 • . . . Tier 2 Construction SWPPP Pr1eparation Tf~mplate This document has been prepared to identify the various components that make up a Tier 2 Construction Storm Water Pollution Prevention Plan (SWPPP). A complete Tier 2 Construction SWPPP is composed ofthe following components: 1. A set of storm water pollution plan drawings meeting all the requirements ofthe Construction SWPPP Checklist items as contained in the Tier 2 Construction SWPPP Review Checklist attached as Appendix G to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 2. A completed and signed Storm Water Compliance Form for a Tier 2 Construction SWPPP (E-30) as contained in Appendix B to Section 3 (Construction SWPPP Standards and Requirements) in the City Storm Water Standards Manual. 3. A completed and signed Tier 2 Construction SWPPP Site Assessmemt Form (attached) 4. All supporting documentation, studies and reports as required to comply with the Municipal Pennit and City Standards including any needed hydrology and hydraulic calculations, soils and geotechnical reports, spill prevention plan and manufacturers information and other data needed to clarify and support of the proposed storm water pollution prevention plan. Tier 2 Construction SWPPP Preparation Template 3/24/08 Site and Construction Activity Description: Construction Start Date: End Date: ------------------------------------ If work begins in rainy season or extends into rainy season, explain how project work can be scheduled can be altered to avoid rainy season impacts or to lessen exposure of site during rainy season: _______________________________________________________________ _ Grading Quantities: Cut: ______ CY; Fill: __ _ CY; Import: _____ CY; Export: _______ CY Any Stockpile Proposed? If yes, then estimate quantity: ___________ CY Estimated duration of stockpile: ____________ _;Months Soils types: --------------------------- Does site contain a preponderance of soils with USDA-NRCS erosion factor kf greater than or equal to 0.4? ______ __ Is a staging area proposed (yes/no)? ______ _ If yes, then where is it located?--------------------------------------- Is concrete washout required (yes/no)? ____ _ Where is it located?---------------------------·------------------------ Any existing site contamination (yes/no)? ______ _ Where is it located?-------------------------·-------------------- Any vehicle storage, maintenance or fueling area proposed (yes/no)? __ _ Where is it located? ----------------------------------------- Any de-watering operation proposed (yes/no)? ________ _ Whereisitlocmed? __________________________________________________ _ Any other special operations proposed that may impair water quality (yes/no)? ________ _ What and where? --------------------------·----------------- Page 2 of 10 Tier 2 Site Assessment F onn 3/24/08 Watershed Basin project drains to: 0 Buena Vista Lagoon 0 Agua Hedionda Lagoon D Encinas Creek D Batiquitos Lagoon 0 Pacific Ocean Is project drainage tributary to a CWA section 303(d) listed water body impaired for sediment (includes Buena Vista and Agua Hedionda Lagoons) (yes/no): ___ _ If yes, describe additional controls that will be used on project site to mitigate for sediment impairments (if any):--------------------------- Is project inside or within 200 feet of an Environmentally Sensitive Area (yes/no): ___ _ If yes, describe additional controls that will be used on project site to mitigate for potential storm water impacts (if any):---------------------------- Are any agency permits required (yes/no)? ___ _ Check off permit types required: 0 Army Corps 404 permit 0 Regional Board Water Quality 401 Certification 0 Coastal Commission Certification 0 U.S. Fish and Wildlife Section 7 0 Fish and Game Stream Alteration Agreement 0 Other list: ----------------------------- Page 3 of 10 Tier 2 Site Assessment Form 3/24/08 List materials that will be used on construction site and their handling and storage requirements Material Characteristics/Toxicity Handling reguirements If any toxic or hazardous materials are proposed, then a spilll prevention plan is required. spill prevention plan required (yes/no)? If yes, attach spill prevention plan. Perceived Threat to Storm Water Quality rating: Using the Construction Threat Assessment Worksheet for determination of the projects Perceived Threat to Storm Water Quality rating (E-33): Is a The Construction Threat to Storm Water Quality rating for this project is: 0 High 0 Medium Signature of Plan Pre parer: Signature: Print Name: Attachments: 0 Storm Water Compliance Form-Tier 2 0 Spill Prevention Plan 0 Hydrology and/or hydraulic study 0 Solis and/or geotechnical report(s) 0 Other. List: Date: ----- Title: _________ _ ------------------- Page 4 of 10 Tier 2 Site Assessment Form 3/24/08 BMP Selection: The following tables are provided to help identify and select appropriate site specific BMPs for the proposed project. Review the list of potential site construction activities and site conditions described along the left hand column of each sheet. Then, for each activity or site condition that is included in the proposed project, pick one or more of the BMPs described at the top of the form and place an X(s) in the box(es) that form(s) an intersection between the activity/site condition row and BMP column(s). All structural (physical facility) BMP's should be shown on the site plan in the Construction SWPPP drawing set. Any proposed no-structural BMP should be noted in the Special Notes on the Construction SWPPP drawing set. Page 5 of 10 Tier 2 Site Assessment Form 3/24/08 Wind Erosion Control BMPs Erosion BMPs c c e (/) ..... 0 ..... 0 c :;::; co (/) :;::; 0 .... co .s::: 2 01 "OQ) co Q) () .Q c-0.. O(j) :::J Cl ~ .£ co co "iii (/) "0 c BMP Description ~ § g 2 c e? .s::: .s::: (/) :s: (/) c ~-= c .E 0 Cl '6 () (/) .Q Q)(j) 0 "(ij != 0 co "iii .£ ~> Q) Q) "S ~ :::J ("Q:;::; .S::! "0 !SfJ .... ~ 0 "S c: g "S Q) c 2 :;::; 2 » 0 .J::l co .... (/) >< 13 F -~ () llJ "0 Q)·-co 0 co :s: Q) "0 .s:::c Q) di = co Q) (f)(ii .... .... 0 0 0 0.. (!) .l::l » "0 .s::: "0 "0 ~ t:: ·-c Q)·-·a Q) ~ co ~ ~ 0 1-co 0 () .... >< » » ..... U5 .~ ..... ~ (j) ll..llJ I I (j) (j) <.9 UJO (f) (j) ll.. CASQA ..... N ('I) -.:t L() (0 t-co (j) 0 ..... N ('I) ..... I I I I I I I I I ..... ..... ..... ..... I Designation 7 () () () () () () () () () I I I I llJ llJ llJ llJ UJ llJ llJ llJ llJ llJ () () (.) () s llJ llJ llJ llJ Construction Activity or Site Condition Cleared Areas -Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling -Drilling/Boring ConduiUPipe Installation Substructure/Pad Installation Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 6 oflO Tier 2 Site Assessment Form 3/24/08 Sediment Control BMPs "0 -c c co L.. Q) E Cl L.. Q) -E c L.. Q) ·c ~ 0. c L.. -"ii) Q) ·a ·c co c co BMP Description ~ co ~ co L.. co -~ co I-E Q) co c !!!. Cl a>g co Q) "(ij c I-Q) --co co ""iii (.) c c 0 0 co 3:--Cl L.. 0 ""iii c Q) Q) 0::: CI)E co co 0:;::::; (.) Q) E E ..I<: (i) -::J .0 E ~ .E u.. (.) L.. > Q) ::J "0 3: :.0 :.0 Q) Q) ~ ~ (.) c ~ .__. Q) := Q) Q) ..c .0 ...... co co -.se ..c U5 (/) (/) () u::: <.9 (/)> .(/) (/) C/)Q.. () CASQA Designation ~ ..-N ("I") -.:1" 10 CD r--co (j) 0 ..-I I I I I I I I I ..-..-LU LU LU LU LU LU LU LU LU I I (/) (/) (/) (/) (/) (/) (/) (/) (/) LU LU (/) (/) Construction Activity Or Site Condition Cleared Areas Flat pad graded areas Graded slope areas Trenching/Excavation Stockpiling Drilling/Boring Conduit/Pipe Installation Substructure/Pad Installation Paving Staging Area Existing onsite vegetated areas Drainage flow onto site Drainage flows off of site Drainage at top of slope Other (list): Page 7 of 10 Tier 2 Site Assessment Form 3/24/08 Tracking Control BMPs c: c: 0 0 :g T5 ~ ::J ::J ..... L.. i= 00(/) ii5 (/) c: (/) c: (/) BMP Description -7 0 (J) 0 ~ ()L.. () C) C) "OW "0>. w (J)-(J) ro -N (f) .!:::! 3: (/) =(/) (/).c: :.0~ =-o ~ (/) .oro CllC) ro o E~ -c: U5~ en_ CASQA Designation -7 ...--N C'") I I I Construction Activity ~ ~ ~ f-f-f- v Site Access point(s) Staging area access point(s) Maintenance access roads to BMPs -Other {list): Page 8 of 10 Tier 2 Site Assessment Form 3/24/08 Non-Storm Water Management BMPs (!) u c: (/) Cl ro .5 Cl c: c: (!) (/) 0 c: .5 -..... ~ ~ Cl ro Qi c: (!) (!) c: (!) (!) 'iii (/) ~ n '(ii ~ (3 ::I 2 :::> (!) u.. BMP Description -7 ro a. (/) ro c: ---'E ~ ..... (/) 0 0 .c (/) a. c: ..... c: 0 c: c: c: c: (!) .9 c: (.) 0 u ~ (!) (!) (!) ro c: 0 Cl (/) E E E 0 E 'E a: ~ c: ·~ 0 ~ 0 :0 E .Ql a. a. .9-Cl .9-(!) ~ ..... ro (!) -.. ..... ':i ':i c: ::I u .c (!) c: .... ::I (!) Cl :.c c: e:! > ::;:: 0' ro £ 2: a. ·;:: 0 0 0' 0' 0' a. c: (/) w :0 (!) 0 (!) en n (!) w w w 0 ·;:: '2 ro ..... ~ ::I '0 <( Ol (/) (!) '0 '0 '0 u:: c: Cl '0 2::' 2 Cl (.) c: 2::' 0 c: c: c: c: c: c: c: ro c: ·;:: ro e! ~ c: ro ro ro ·;;; (!) (!) .Q e! (.) * Cl 0 0 (!) (!) (!) (!) ·;:: '§ '§ (ij .'!::: 0 .... c: a. .... (.) :0 0 0 0 Q ·;:: 0 a. 2 u u * 3= ·;;; E ro ~ ro :.c :.c :.c .!!1 c: c: E E ~ (!) ro (!) (!) 0 ~ ~ ~ 0 0 Q) ~ Q a. 1-u a. i:l: (.) (.) 2 Q CASQA Designation .... C\1 ("') '<t LO co ..... co 0> 0 .... C\1 ("') '<t LO co I rh I I I I I I I .... .... .,.... .... .,.... .... .... -7 (/) (/) (/) (/) (/) (/) (/) (/) I I I I I I rh z z z z z z z z z (/) (/) (/) (/) (/) (/) z z z z z z z Construction Activity & Site Conditions Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Paving Wire, Cable & Connector Installation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Substance Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Other (list): Page 9 of 10 Tier 2 Site Assessment Form 3/24/08 Waste Management and Materials Pollution Control BMPs -c: (]) --· E c: c:: (]) (]) (]) Q;l -0> 0> E E c: ro e (]) c: ro (]) Q;l E ro -,_ -a~ c: 0 -c: 0> (]) :2 (]) -c: (]) ro CCI (/) -0 E c: c:: 0> $ E c: () ro CCI ro Q) BMP Description ~ "C Q) Q) :2 :2: c: (/) 0> c: E "C 0> ro ~ ro c: :2 ro Q) ro ro Q) ·c:; c: ~ 0> c: -ro ro c: ro (/) CJ) Q) (.) :2 Q) 0 :2 ~ -:;::::; -~ c: "CI (/) c.. Q) ro ~ Q;l ~ Q) Q) (/) :2 Q) ..... Q) -Q) -(/) CCI (/) (/) 0 ::J > (/) :::J .5: ~ ..!!? ~ Q) ~ ro ro ~ 0 E -·a. "C ~ ·;:: ·;:: ..l<: a.. .... CCI ro :2 $ Q) (.) :2 ro ..... (.) --N c:: c: ·c: :::J ro ro 0 ·a. 0 ro Cl 0 ro C" -:2 :2 (/) (/) (/) I 0 () (/) ::J CASQA Designation~ 0 ..-N ("') "<t U') <0 1'-· co CJ) ..- Construction Activity I I I I I I I I I I :2 :2 :2 :2 :2 :2 :2: :2 :2 :2 And Site Conditions s s s s s s $: s s s Landscaping & Irrigation Drilling/Boring Concrete/Asphalt Sawcutting Concrete flatwork Pavinq Wire, Cable & Connector Installation Site Housekeeping Staging Area Equipment Maintenance and Fueling Hazardous Subst~nce Management Dewatering Steam crossing Material delivery Solid waste handling including trash and debris removal Concrete or stucco work Temporary porta-potties Other (list): - Page 10 of 10 Tier 2 Site Assessment Fonn 3/24/08 .-... \.1 Revised 8/1 0/1 0 APPENDIX "G" Signing and Striping Notes Contract No. 6607 C~TY OF CARLSBA.D STANDJ,RD NOTES FOR SIGNING ANID STRIPINGi PLANS GENERAL NOTES: 1. The contractor is responsible for installation of all signing and striping. 2. All signing, striping and pavement markings shall conform to the California Manual on Uniform Traffic Control Devices (latest version), the Caltrans Standard Plans and Specifications (latest version), these plans and the Special Provisions. 3. All signing and striping is subject to the approval of the Public Works Director or l1is representative, prior to installation. 4. Any deviation from these signing and striping plans shall be approved by the Publiic Works Director or his representative prim to any change in the field. 5. All striping shall be reflective per Caltrans specifications. Striping shall be repainted two weeks after initial painting. 6. All permanent signage shall be reflective per ASTM Designation D4956 and shall use Type IV prismatic reflective sheeting (High Intensity Prismatic or equal) unless otherwise specifie1j. R1-1 "STOP", R 1-2 "YIELD", R2-1 "SPEED LIMIT" and street name signs shall use Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 7. Prior to final acceptance of street improvements, all street striping and markings within a 500' perimeter of the construction project will be restored to a "like new" condition, in a manner meeting the approval of the City Inspector. 8. Exact location of striping and stop limit lines shall be approved by the Public Works Director or his representative prior to installation. 9. Contractor shall remove all conflicting painted lines, markings and pavement legends by grinding. Debris shall be promptly removed by the contractor. 10. All pavement legends shall be the latest version of the Caltrans stencils. 11 . Limit lines and crosswalks shall be field located. Crosswalks shall have 1 0' inside dimension unless otherwise specified. 12. All crosswalks, limit lines, stop bars, pavement arrows and pavement legends shall be thermoplastic unless otherwise specified. Preformed thermoplastic arrows and legends shall not be acceptable. 13. Bike lane legends and arrows shall be painted. 14. Size of signs shall be based upon the recommended sign sizes found in the California Manual on Uniform Traffic Control Devices unless otherwise specified. 15. Sign posts shall be square perforated steel tubing with bneakaway base per San Diego Regional Standard Drawing M-45. 16. When a sign is attached to a pole, it shall be mounted using a standard City of Carlsbad approved mounting bracket with straps. Page 1 of 2 Q:\Public Works\PW Common\Agreements & Contracts\Contracts\2016 Contracts\6607 CMP-Hoover and Highland-Howard\General Notes-Signing & Striping (2015}.doc\Revised 10.20.15 (JTK} CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS 17. Existing signs removed by the contractor shall be delivered by the contractor to the City of Carlsbad Public Works Yard at 405 Oak Avenue. 18. All signs shown on these plans shall be new signs provided and installed by the contractor except those signs specifically shown as existing to be relocated or to remain. 19. Fire hydrant pavement markers shall conform to the California MUTCD and San Diego Regional Standard Drawing M-19. Page 2 of 2 Q:\Public Works\PW Common\Agreements & Contracts\Contracts\2016 Contracts\6607 CMP-Hoover and Highland-Howard\General Notes -Signing & Striping (2015).doc\Revised 10.20.15 (JTK) ..... f.J Revised 8/1 0/1 0 APPENDIX "H" Pothole Report Contract No. 6607 DESCRIPTION OF POTHOLE PROCEDURES AIRX Utility Surveyors performs a full range of specialized engineering service:s including Underground Utility Location and Vacuum Excavation (to verify depth and alignment ofund~:rground utilities). Underground Utility Location employs sophisticated electronic locating devices to trace the route of an underground utility; then the route is marked on the surface with marking paint in paved areas, or with 60 penny nails and feathers in unpaved areas. Vacuum excavation employs a vacuum truck in conjunction with high-pressure air or water to excavate material and expose an underground utility. A 10 to 12 inch diameter hole is first cored or chiseled through the pavement so that the vacuum hose and high pressure air or water hose can be inserted. Utilities found during potholing are located on the surface by placing two reference points (typically 36 inches apart) on either side of the pothole along the centerline (or edge) of the utility, using paving nails or 60 penny nails as appropriate. Depth measurements (to the nearest 1;2 inch) are taken midway between the two reference points. Utility alignment, depth, and other data is marked with pink paint (on pavement), or on wood lath (unpaved areas). SITE SPECIFIC DETAILS Air X was contracted by Sherri Howard from City of Carlsbad to perform utility locating and potholing services at Adams Street and Highland Drive in the City of Carlsbad, California. A total of 4 potholes were excavated to establish depth and connection points on a variety of utilities. The results of the data are contained in the attached spreadsheet and data sheets. In preparation of these excavations, Air X marked out the dig locations and called in for USA (Underground Service Alert). All traffic control plans and permits were drawn and applied for by AirX and all traffic control was set up by AirX. All of the excavations and discovery went without any major incident except for pothole 2 where the water utility was not found. Pothole 2A was added to find the water utility missed in pothole 2. Any changes and adjustments are mentioned in the Pothole Tabulation spreadsheet and Record of Test Hole Data Sheets. All the results were annotated on the ground and in this report. It is Air X' s recommendation that all pothole locations and the active mark out should be surveyed to aid in the adjustment of utilities on the final plan and profile. At each pothole location, the utility alignment was marked with pink paint, as well as paving nails or feathers. AirX used potable water acquired offsite for the vacuum excavation, and all water and material vacuumed was disposed of offsite. No water was allowed to flow into storm drains or natural drainage. The potholes were filled with a clean backfill material over the exposed utilities and compacted to 95% density in 3 inch lifts. The pavement was patched with an equal thickness of replacement asphalt. All field work for this project was performed on July 20th, 2015. POTHOLE TABULATION FOR ADAMS STREET AT HIGHLAND DRIVE PROJECT -(CARLSBAD, CA) Depth- Depth-Depth- Ground to Ground to Ground to Pothole Pavement Utility Size & Top of Top of Bottom of Utility Number Date Street Thickness UtilitvTvoe Material Soil Tvoe Utility Encasement Encasement Orientation Description & Location Notes Asphalt-8.0" Pothole 1 is located in the ESE bound lane of Utility was found directly on markout. Slurry Hard Native Highland Drive approximately 20 feet east from the 1 07/20/15 Highland Drive Concrete -N/A ATT-D Encasement Soil/Sand N/A 24.0"T/E 66.0" 8/E NW/SE intersection with Adams Street. Total-8.0" Asphalt-8.0" Pothole 1 is located in the ESE bound lane of Utility was found 2 feet SSW from the 1 07/20/15 Highland Drive Concrete -N/A Water 10.0" PVC Hard Native 40.0"T/P N/A N/A WNW/ESE Highland Drive approximately 20 feet east from the markoul Total-8.0" Soil/Sand intersection with Adams Street. Asphalt-8.0" Pothole 1 is located in the ESE bound lane of Utility was not marked out. Hard Native Highland Drive approximately 20 feet east from the 1 07/20/15 Highland Drive Concrete -N/A Unknown 4.0" PVC Soil/Sand 56.0" T/P N/A N/A NW/SE intersection with Adams Street. Total-8.0" Asphalt-6.0" Pothole 2 is located in the SE bound lane of Adams Utility was not marked out. NatlveSoil/ Street approximately 80 feet SE from the 2 07/20/15 Adams Street Concrete -N/A Unknown 4.0" Steel Sand 43.0"T/P N/A N/A NW/SE intersection with Highland Drive. Total-6.0" Pothole 2 is located in the SE bound lane of Adams AirX crew dug to 7 feet deep looking for Asphalt-6.0" Native Soil/ Street approximately 80 feet SE from the water utility. No water utility found. Pothole 2 07/20/15 Adams Street Concrete -N/A Water Not Found Sand N/A N/A N/A N/A intersection with Highland Drive. was moved 3 feet NE to new location 2A. Total-6.0" Pothole 2A is located in theSE bound lane of Adams Pothole 2A was added to find water line Asphalt-6.0" Street approximately 80 feet SE from the missed in pothole 2. Utility was found 2A 07/20/15 Adams Street Concrete -N/A Water 10.0" ACP Sand 31.0"T/P N/A N/A NW/SE intersection with Highland Drive. approximately 3 feet NE from the markout. Total-6.0" Pothole 3 is located in the shoulder of SE bound Utility was found directly on markout. Asphalt-N/A Native Soil/ Adams Street approximately 80 feet SE from the 3 07/20/15 Adams Street Concrete -N/A Gas 2.0" Poly Sand 36.0"T/P N/A N/A NW/SE intersection with Highland Drive. Total-N/A ('t •+f Revised 8/1 0/1 0 APPENDIX "I" Bioclean Catch Basin Device Contract No. 6607 &I~ CLEAN. • £NVIRONM£NTAt S£RVJCES, INC. Section [ 1 Stormwater Catch Basin Filtration Device PART 1 -GENERAL 01.01.00 Purpose The purpose of this specification is to establish generally acceptable criteria for devices used for filtration of stormwater runoff captured by catch basins with curb openings. It is intended to serve as a guide to producers, distributors, architects, engineers, contractors, plumbers, installers, inspectors, agencies and users; to promote understanding regarding materials, manufacture and installation; and to provide for identification of devices complying with this specification. · 01.02.00 Description Stormwater Catch Basin Filtration Devices (SCBFD) are used to filter stormwater runoff qaptured by catch basins. The SCBFD is a filter system composed of a filtration basket, media filtration boom and a shelf system. SCBFDs are used to remove various pollutants from stormwater by means of screening, separation and media filtration. 01.03.00 Manufacturer The manufacturer of the SCBFD shall be one that is regularly engaged in the engineering, design and production of systems developed for the treatment of stormwater runoff for at least (1 0) years, and which have a history of successful production, acceptable to the engineer of work. In accordance with the drawings, the SCBFD(s) shall be a filter device manufactured/distributed by Bio Clean Environmental Services, Inc., or assigned distributors or licensees. Bio Clean Environmental Services, Inc. can be reached at: Corporate Headquarters: 2972 San Luis Rey Road Oceanside, CA 92058 Phone: (760) 433-7640 Fax: (760) 433-3176 www .biocleanenvironmental.net 01.04.00 Submittals 01.04.01 01.04.02 01.04.03 Shop drawings are to be submitted with each order to the contractor and engineer of work. Shop drawings are to detail the SCBFD, its components and the sequence for installation, including: • SCBFD configuration with primary dimensions • Various SCBFD components • Any accessory equipment Inspection and maintenance documentation submitted upon request. 01.05.00 Work Included 01.05.01 01.05.02 Specification requirements for installation of SCBFD. Manufacturer to supply SCBFD(s): • Filtration Basket • Shelf System -Trough and Weir • Media Filtration Boom Storm water Catch Basin Filtration Device Page 1 of 6 BIII,&I~,N· Section [ 1 Stormwater Catch Basin Filtration Device PART 1 -GENERAL 01.01.00 Purpose The purpose of this specification is to establish generally acceptable criteria for devices used for filtration of stormwater runoff captured by catch basins with curb openings. It is intended to serve as a guide to producers, distributors, architects, engineers, contractors, plumbers, installers, inspectors, agencies and users; to promote understanding regarding materials, manufacture and installation; and to provide for identification of devices complying with this specification. 01.02.00 Description Stormwater Catch Basin Filtration Devices (SCBFD) are used to filter stormwater runoff captured by catch basins. The SCBFD is a filter system composed of a filtration basket, media filtration packs and a shelf system. SCBFDs are used to remove various pollutants from stormwater by means of screening, separation and media filtration. 01.03.00 Manufacturer The manufacturer of the SCBFD shall be one that is regularly engaged in the engineering, design and production of systems developed for the treatment of stormwater runoff for at least (1 0) years, and which have a history of successful production, acceptable to the engineer of work. In accordance with the drawings, the SCBFD(s) shall be a filter device manufactured/distributed by Bio Clean Environmental Services, Inc., or assigned distributors or licensees. Bio Clean Environmental Services, Inc. can be reached at: Corporate Headquarters: 2972 San Luis Rey Road Oceanside, CA 92058 Phone: (760) 433-7640 Fax: (760) 433-3176 www .biocleanenvironmental. net 01.04.00 Submittals 01.04.01 01.04.02 01.04.03 Shop drawings are to be submitted with each order to the contractor and engineer of work. Shop drawings are to detail the SCBFD, its components and the sequence for installation, including: • SCBFD configuration with primary dimensions • Various SCBFD components • Any accessory equipment Inspection and maintenance documentation submitted upon request. 01.05.00 Work Included 01.05.01 01.05.02 Specification requirements for installation of SCBFD. Manufacturer to supply SCBFD(s): • Filtration Basket • Skimmer Tray • Shelf System -Trough and Weir • Media Filtration Packs (4 layers) Stormwater Catch Basin Filtration Device Page 1 of 7