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Wright Construction Engineering Corporation; 2021-06-01; PWS21-1405TRAN
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENTAL PROVISIONS FOR CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 PWS21-1405TRAN - Bidding t aid, Revised 6/12/18 Contract No. 6624 Page 1 of 118 TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 13 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation of Subcontractors" Form 19 Designation of Subcontractor and Amount of Subcontractor's Bid Items 21 Bidder's Statement of Technical Ability and Experience 22 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 23 Bidder's Statement Re Debarment 24 Bidder's Disclosure of Discipline Record 25 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 27 Contract Public Works 28 Labor and Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 ay. 111- Revised 6/12/18 Contract No. 6624 Page 2 of 118 GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 42 1-3 Abbreviations 46 1-4 Units of Measure 49 1-5 Symbols 50 Section 2 Scope and Control of The 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 57 2-8 Right-of-Way 57 2-9 Surveying 57 2-10 Authority of Board and Engineer 62 2-11 Inspection 62 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 63 3-2 Changes Initiated by the Agency 63 3-3 Extra Work 64 3-4 Changed Conditions 67 3-5 Disputed Work 68 Section 4 Control of Materials 4-1 Materials and Workmanship 74 4-2 Materials Transportation, Handling and Storage 78 Section 5 Utilities 5-1 Location 79 5-2 Protection 79 5-3 Removal 80 5-4 Relocation 80 5-5 Delays 81 5-6 Cooperation 81 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 82 6-2 Prosecution of Work 83 6-3 Suspension of Work 83 6-4 Default by Contractor 84 6-5 Termination of Contract 85 6-6 Delays and Extensions of Time 85 6-7 Time of Completion 86 6-8 Completion, Acceptance, and Warranty 86 apkini VI* Revised 6/12/18 Contract No. 6624 Page 3 of 118 6-9 Liquidated Damages 87 6-10 Use of Improvement During Construction 87 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 88 7-2 Labor 88 7-3 Liability Insurance 88 7-4 Workers' Compensation Insurance 88 7-5 Permits 89 7-6 The Contractor's Representative 89 7-7 Cooperation and Collateral Work 89 7-8 Project Site Maintenance 90 7-9 Protection and Restoration of Existing Improvements 92 7-10 Public Convenience and Safety 92 7-11 Patent Fees or Royalties 99 7-12 Advertising 99 7-13 Laws to be Observed 99 7-14 Antitrust Claims 99 Section 8 Facilities for Agency Personnel 8-1 General 100 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 101 9-2 Lump Sum Work 101 9-3 Payment 101 9-4 Bid Item Descriptions 105 .), te0 Revised 6/12/18 Contract No. 6624 Page 4 of 118 SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 6, AND 8 OF THE SSPWC PART 2 CONSTRUCTION MATERIALS Section 200 Rock Materials 200-2 Untreated Base Materials 107 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 108 Section 213 Engineering Geosynthetics 213-5 Geotextiles and Geogrids 109 PART 3 CONSTRUCTION METHODS Section 300 Earthwork 300-2 Unclassified Excavation 110 300-12 Storm Water Pollution Prevention Plan 110 Section 301 Subgrade Preparation, Treated Soil and Placement of Base Materials 301-1 Subgrade Preparation 113 Section 303 Concrete and Masonry Construction 303-1 Concrete Structures 114 303-7 Colored Concrete 114 Section 306 Open Trench Conduit Construction 306-3 Trench Excavation 115 306-12 Backfill 115 306-15 Payment 115 PART 6 TEMPORARY TRAFFIC CONTROL DEVICES Section 601 Temporary Traffic Control for Construction and Maintenance Work Zones 601-2 Temporary Traffic Control Plan (TCP) 116 601-3 Temporary Traffic Control (ITC) Zone Devices 116 PART 8 LANDSCAPE AND IRRIGATION Section 801 Installation 801-1 General 118 APPENDIX A — Standard Plans B — Tier 2 SWPPP Template C — California State Parks Right of Entry Agreement t41PW Al —1- Revised 6/12/18 Contract No. 6624 Page 5 of 118 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on March 18, 2021, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carls- badca.gov/services/depts/finance/contractincildefault.asp, for performing the work as follows: re- moval and replacement of a concrete dissipater outfall with modifications. CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 BID NO. PWS21-1405TRAN ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad's electronic bidding (eBidding) site, at: https://www.carlsbadca.qov/services/depts/finance/contracting/default.asp and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City's bidding system and possess a system-assigned Digital ID in order to submit an electronic bid. The City's electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City's bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers' cookies will not be able to log in and use the City's bidding system. The City's electronic bidding system is responsible for bid tabulations. Upon the bidder's or proposer's entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids are transmitted into the City's bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so. BIDS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. tg?4rof —r- Revised 6/12/18 Contract No 6624 Page 6 of 118 RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user's internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder's submission to upload and be received by the City's eBidding system. It is the bidder's sole responsibility to ensure their bids are received on time by the City's eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal's General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information. This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble 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 Depart- ment. 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 p f., —1- Revised 6/12/18 Contract No. 6624 Page 7 of 118 to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction 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 City Clerk's Office. The spec- ifications for the work include City of Carlsbad Technical Specifications and the Standard Speci- fications for Public Works Construction 2018 edition and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) of the SSPWC do not apply and have been replaced with the General Provisions herein. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1.Contractor's Proposal 2.Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Orig- inal) within two (2) business days of bid Opening / three (3) Apparent Low Bidders. 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) BIDDER'S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be Revised 6/12/18 Contract No. 6624 Page 8 of 118 uploaded to the City's eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security. Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-re- sponsive. Due to COVID-19, the City of Carlsbad offices are closed to the Public. Bidder's Bid Bond (Origi- nal) will be accepted via USPS, UPS or any other courier service during regular business hours. 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 sixty-five thousand dollars $65,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit- ted 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 sub- mitted 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 from the City's website http://www.carlsbadca.qov/services/depts/finance/contractinq/bids.asp. Paper copies will not be sold. 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 draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, 4p-w —1- Revised 6/12/18 Contract No 6624 Page 9 of 118 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 spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator qrahamlordan@carlsbadca.qov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de- tails or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. on March 11, 2021. No ques- tions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project by March 15, 2021. 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 Con- tract 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 pur- suant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. t Ur- Revised 6/12/18 Contract No. 6624 Page 10 of 118 PRE-BID MEETING A pre-bid meeting and tour of the project locations 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. ADDENDA 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 (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1)An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2)A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1)Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2)Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1)Meet the conditions stated above for all insurance companies. 2)Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. •-‘ 71- Revised 6/12/18 Contract No. 6624 Page 11 of 118 BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. February 24, 2021 Date Graham Jadan, Deputy Clerk Revised 6/12/18 Contract No. 6624 Page 12 of 118 CITY OF CARLSBAD CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6624 in accordance with the Plans, Specifications, General Provi- sions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures), (Ficiures1 1 Mobilization (not to exceed 10%) 1 LS $6,100.00 Six thousand one hundred and zero cents (Price in Words) 2 Tier 2 SWPPP Preparation, Implementation, and Maintenance 1 LS $7,500.00 Seven thousand five hundred and zero cents (Price in Words) 3 Traffic Control Plan Preparation, Implementation, and Maintenance 1 LS $5.000,00 Five thousand and zero cents (Price in Words) 4 Remove and Dispose Existing 1 LS $ 12,000.00 Energy Dissipater Structure Twelve thousand and zero cents (Price in Words) 10 Revised 6/12/i 8 Contract No. 6624 Page 13 of 118 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 5 Construct Energy Dissipater 1 LS $31,400.00 Structure Thirty-one thousand four hundred and zero cents (Price in Words) Total amount of bid in words. Sixty-two thousand and zero cents Total amount of bid in numbers: $ 62,000.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on and Department of Industrial Relations PWC registra- tion number which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 0 Revised 6112118 Contract No 6624 Page 14 of 118 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is r)n6 (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1)Name under which business is conducted (2)Signature (given and surname) of proprietor (3)Place of Business (Street and Number) City and State (4)Zip Code Telephone No. (5)E-Mail IF A PARTNERSHIP, SIGN HERE: (1)Name under which business is conducted (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 -01 Revised 6/12/18 Contract No. 6624 Page 15 of 118 IF A CORPORATION, SIGN HERE: (1)Name under which business is conducted Wright Construction Engineering Corp (2) k ir (Signature) President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4)Place of Business 2625 S. Santa Fe Ave (Street and Number) City and State San Marcos, CA (5)Zip Code 92069 Telephone No. (760) 599-3915 x:102 (6)E-Mail wwrightwcecOomail.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Wes Wright- President, Vice-President, Treasurer & Secretary le% ‘11107 Revised 6/12/18 Contract No. 6624 Page 16 of 118 BID SECURITY FORM (Check to Accompany Bid) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insur- ance coverage within the stipulated time; otherwise, the check shall be returned to the under- signed. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to an- other bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 6/12/18 Contract No. 6624 Page 17 of 118 Wright Construction Engineering Corp. (SEAL) . (Principal) By: 77- (Sr‘ature) D ;11 A 1 YvP_ /06)4r - ri3/ (Pbrit Name/Title) U.S. Specialty Insurance Company (SEAL) (Surety) By: (Signa Cynthia J. Young, Attorney-in-Fact (Print Name/Title) BIDDER'S BOND TO ACCOMPANY PROPOSAL CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 KNOW ALL PERSONS BY THESE PRESENTS: That we, Wright Construction Engineering Corp. as Principal, and U.S. Specialty Insurance Company , 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 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: CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 8th day of March , 20 21 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-1N-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorne By: Dep City Attorney 11‘ 111141r Revised 6/12/18 Contract No. 6624 Page 18 of 118 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT SS. before me, State of California County of San Bernardino On MAR 08 20't Rebecca Elizabeth Adcock, Notary Public Cynthia J. Young Name(s) of Signer(s) personally appeared A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Name and Title of Officer (e.g.,"Jane Doe, Notary Public") who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd an official \V V k, . Signiture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- 0 Limited 0 General O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here OtrPiit.,\‘ Rebecca Elizabeth Adcock COMMISSION # 2327252 z NOTARY PUBLIC - CALIFORNIA cd SAN BERNARDINO COUNTY My Comm. Expires: 3-May-2024 STATE OF CALIFORNIA. DEPARTMENT OF INSURANCE NQ 07984 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company of Houston, Texas , organized under the laws of Texas , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized' to transact within the State, subject to all provisions Of this Cerrfficate, the following classes of insurance: Fire, Marirei Surety, Disability, Liability, 1,1orkers Compensation, Aircraft, and Miscellaneous as such classes am now or may hereafter be defined in the Insurance Laws of the State of California, THIS CER1114CATZ is expressly conditioned upon the holder hereof now end hereafter being in fall compliance with di, and nor in violation °fatty, of thr applicable laws and lomOti requirements made under authority of the laws of the Stare of California as tong as such laws or requirements are in effect and applicable, and as such laws and requirementS how are, or may hereafter be changed or amended. Wn W VESS HEREOF, effective as of the 29th day of December 2004 , I have hereunto set my hand and caused my official seal to be affixed this 29th day of DP camber 2004 ohn Ga amendi nstirofere C issioner By NOTICE: Qualilleation with the Secretary of State muss be accomplished as required by the s ode pro ay after iseuxnce of this Certificate of Attlhority. Failure to do se viR bee violation or Insumnce Code Section 701 and 155 be grounds for revoking this Cella:lc:sic of Authority psgtwunni cattle cons:enacts made in the applitation therefor and the conditiens contained herein. ,1).M Cb., WI °sr, w :WM frOAtitness Whereof, ,I have hereunto set my n A. and affixed the seals of said Companies at Los Angeles, California this : T.C-brpo-ratetSa. , I.; o _ Agency No. 3501 Kio Lo, Assitaxt Secretary . A... visit trirthc4.cpcn/surety for morf.',Anforrk,..:tics* TOKIO MARI NE OF ATTO1RNEyTiiii11, 11'11, 1119111', , , .,.._, AMERICAN=CONTRACTOWINDEMNITY COMPANY TEAAsiEQNb !ING ,COMPANY — ----- - UNITED STATES-SURETYTCOMPANY U.S. SPEOALTYJNSURANDECOMPANY , , KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corppration (collectively, the "Companies"), do by these presents make, constitute •L.4-_t - 'appoint: ;•-- - ', H i ' 1;1; 1,1. ;1' Jay PI ,reerrilan,:tOuri'e B. D.ruck, Cynthia J. Young, Christina Mountz -- ----- — --- ,---- thr,fiilelisa' DaVvri Schwartz of San Bernardino, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full poweVand authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, ,providing_the_b.ond penalty does not exceed "***Three Dollars - 3;00-0;00-01-00n? ). This Power of Attorney shall expire without further action on April 23rd, 2022. This Power of Attorney is granted irur-i--derfand:by_fauthority of the following resolutions adopted by the Boards Of ,DirebtOrs1 of the Companies: - - - BeT it -Resolved, that the President, any Vice-President, any Assistant Vice-President, any ,Secretary orany Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indeprity and other conditional or obligatory undertakings, including any and all consents for the releaseft retained percentages arid/or final eOirnOed 9r3 engineering a9dsconstructicnzporinetaitt any and all notices and documents canceling or terminating the Company'Slialliiity! therieunder, .0nd any such instruments-soxedutedty-anyuchrAttorney-in-Fact shall b-e:binding-upon the Company as if signed by the Presideritiarid sealed and :effected ' by the Corporate Secretary. Be it Resolved, that the signature of any, aUlhorized officer and seal of the Company heretofore or hereafter affixed to any power—orittorne9 or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS-WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this tdyofJurxe, ; ; ;1' _ ; 111,111,1 ;11; . 1; 1 hi ; — AMERIclAt09_141TRACT___, COMPAN) lEXAS BQNDIN OMPANY UNITED nAp,a. St1RE pANY „AffpApEdmip0ANof COMPANY =W. ...... - ........ ‘0: . AP/ As../ State of California s vi "2 up, sno 14:tP ‘"‘ 1.1.'goE*, ......... S .6. . , I er.titiCafe: A NbtarIMPtiblicior other officer comp 9 g verifies only the identity of the individual who signed -the document to hi_e_kthWCedlircate is attached, 460lict the tkurbfulness; accuracy, or validity of that document On this 1st day of June, 2018, before me, &Dna 0. Carrejo, a notary public, personally -appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument -1-4he-pers'o4 diL-the=entity upon behalf of which the person acted, executed the instrument. 1-;--certirff under -PENALTY OF PERJURY under the laws of the State of CalifOrnia 'that ,thefOrego,ing paragraph is true and correct--1- , r ,-----r----.0...,o 1 Wary Publk • Callfonta , turgilslon 1 2239479 tot Mides County r 1....._4,..f._,„t es__Apt__221 , 1 1 I . : ,i I hi, ..,__ . . I, Kio Lo, Assistant Secretary , ',ArneriCar :QoritOCtOrslillndemnity Company, Texas Bonding Company, United States--S7urelg -ff---.7 Company and U.S. Specialty Insurance 'COi.1-ipany, do hereby certify that the above and foregoing is a true and corredt:Copy of a POWer, -----, of Attorney, executed by said ComPanies,'Wh'i.Ch iS Still ih•full force and effect; furthermore, the resolutions of the Boards of Directors-, - — set out in the Power of Attorney are in full force and effect. County of Los Angeles By: Daniel P. Aguilar, Vice President_ = WITNESS my hand and official seal.. Signature RAlJL MARTINEZ Commission No. 2299360 ,› NOTARY PUBLIC - CALIFORNIA -T3 SAN DIEGO COUNTY Commission Expires July 29, 2023 { WITNESS my hand and official seal. 0. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On March 16, 2021 , before me, 4/1 filArtkrittt-Z- , Notary Public, personally appeared Wes W. Wright who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon thA pPrsnn antArl, PXPr3 till'. inqtnimPlit. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. NOTARY SEAL ABOVE OPTIONAL Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named Above: GURDE FOR COMPLETING THE DESIGI,n-1,TH: 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 perfor- mance 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 Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-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. #210 --r- Revised 6/12/18 Contract No. 6624 Page 19 of 118 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 410. —1- Revised 6/12/18 Contract No. 6624 Page 20 of 118 Work by License No. and Subcontractor Classification in Dollars* Portion of Work Subcontractor Name and Location of Business Phone No. and Email Address DIR Registration No. Amount of Subcontractor's N/A DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Page pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 6/12/18 Contract No. 6624 Page 21 of 118 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Phone Name and Address No. of Person to of the Employer Contract Amount Type of Work of Contract - 'SEE -----r- ATT. ./4%.riti.i Li k..)i- 1 QUHNICAL maiLl a tAi-LttiEN( Revised 6/12/18 Contract No. 6624 Page 22 of 118 *SEE ATTACHED LIST OF TECHNICAL ABILITY & EXPERIENCE* Technical Ability and Experience Job is 36 • Project Nortie Descr ipt ion Date Corn plte ri Agency kern' y Contact Contrail Amotint Percent. Complete Rathbun Creek Trail Phase 1B Installation of 3V Pedest daft Bridge, Piles, Approach Slabs, PIP wall, & footings 1/4/21 City of Big Bear Lake P.O. Box 10000 Big Bear lake. CA92315 Israel Gomez -(909)866-5831 lgomez@citybigbearlake.com $236,449.49 100% 35 San Marcos Boulevard Slope Stabilization installation of 24" Plies. curb, gutter, sidewalk, asphalt. striping. lighting, waterworks, & striping 9/29/20 City of San Marcos 1 Civic Cente. Dr.. San Marcos, CA92069 Perryn While-(760) 759-0441 Pwhiteesan .marcos.net $716,858.00 100% 34 Mt. Rubidoux Park Stormwater, Erosion Control. Trail and Site Ira provements Install of Masonry Rock RetaiMng Wail. Timber Steps. Pon& Chain Barrier, Faux Wood Handrail & Swales Open Cityof Riverside Parks & Rec. 6927 Magnolia Ave. 2nd Floor Riverside, CA 92522 Alisa Sramala -(951)8262021 ASramalaerIversideca.gov $335,000.00 100% 33 Cliff Drive to High Drive Stairway Replacement Removal of old concrete staircase & installation of new concrete staircase, handrails & landscaping Open City of Laguna Beach 5055. Forest Ave Laguna Beach, CA 92651 Bob Koch -1949)412-6546 rkochelagunabeachcity.net $246,265,66 100% 32 Pear I Street Beach Access Rehabilitation Removal of old concrete staircase & installation of new concrete staircase, handrails & landscaping 2/3/20 City of Laguna Beach 505S. Forest Ave Laguna Beach, CA92651 Tom Sandefur -(949)497-0339 tsandefur@lagunabeackitymet $1.020,000.00 100% 31 Reche Rd at Live Oak Elementary School 8, Potter Junior High School Road improvements installation of sidewalk, curb, gutter, st ructures. RCP, AC, drainage ditch, landscape, & Irrigation 1/15/20 County of San Diego 5500 Overland Ave. Suite 310. San Diego, CA92123 Mike Moen (619)933-7242 MMoenglkleinteldet.com $1.050,340.71 100% 30 Stage Coach Ln. at Roche Rd intersection Improvements. Installation of Asphalt, Dike, basin. heawall, RCP, curb, gutter, striping, landscaping & irrigation 1/8/20 City of Laguna Beach 5053. forest Ave Laguna Beech, CA92651 Torn Sandefur -(949)497-0339 tsandefurelagunabeachclty.net $1.020,000.00 100% 29 Tide Beach Park Slope Pavi ng Removal Removal of Cracked and detiorated concrete slope pai ng 1/8/20 City of Solana Beach 635 SCoast Highway 101 Solana Beach. CA92075 Dan Goldberg -(858)720-2474. dgoldbergecosb.org $41,980.00 100% 28 RDO Drainage Upgrades- Casa De Amparo Construct 24" RCP Storm Drain, Transition Structure, & Inlet w/ local depression 12/18/19 Cit y of Oceanside 300 North Coast ,Rahway Oceanside, CA92054 Victor Velasco -17601435-5102 VVelasco@oceansIdece.org $128,782.00 100% 27 SDWD 10-Inch Water Main Replacement Project Removal of erdsting 10" steel water' main (in casing), Installation of new 10" PVC water main 3/5/19 San Diegu Ito Water Dist rict 160 Calle Magdalena Encinitas, CA.52024 Blair Knoll -(760)633-2793 Bknoll@encinitasca.gov 578.607.67 100% 26 Emergency Protection for Linda Lane Pump Station Phase IV Installation of additional reinforcements/ bracing for exist ing retaining wall, North Side 1/10/19 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Greg Deist -(949)337.3139 DeistGtasan-clemente.org $28,211.07 100% 2$ Meadowviesv Stream Restoration Stage 60 Streambank Restoration, Habitat Restoration, filtrexx Compost Roll System installation 11/5/18 Riverside County Flood Control District 1995 Market Street Riverside, CAS2501 David Garcia -(951)315-0730 Dhgarcia@rivco.org $385,546.55 100% 24 Detention Basin at Rancho Wash Construct concrete splitter structure, connect to exIstingCMP 9/6/18 City of Rancho Cucamonga 10500 CivicCenter Drive Rancho Cucamonga, CA 91730 Romeo David -(909)774-4070 Romeo.David@cityofrc.us $296,570.68 100% 23 S. Pains Canyon Drive and La Plaza Safety Bollard Installation Installation of 22 pneumatic retractable bollards including monolithic footing, pavers 7/25/18 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Mike Lytar -(760)902-4861 MIke.lytardipalmspringsca.gov $222,368.68 100% Job P Pt oject Name De5C r ipt ion Date Completed Agency . Agency Contact contract Aniount Pei cent Complete 22 Queda Way Retaining Wall Replacement Project Installation of a new retaining wall, CIDH Piles, timber lagging, concrete and asphalt work 7/10/18 City of Laguna Beach 505S. Forest Ave Laguna Beach, CA92651 To Nguyen -(949)497-0741 Talguyer4lagunabeachcity.net 5209,021.62 100% 21 Emergency Protection for Linda Lane Pump Station Phase!!! Reinforcement to tainting retaining wall, Installation of Drainage Components. Steel Kicker Installation 7/6/18 City of San Clemente. 910 Calle Negocio San Clemente, CA 92673 GregDeist - (949)337-3139 DeistGlatareclemente.org $82.589.71 100% 20 c it ywlde 0 rainage Improvements Project Parkway drains, small storm drain. Broclean Inlet Structure 7/2/18 C ity of Diamond Bar 21810 Copley Drive Diamond Bar, CA91765 David Sloan - (909)839:7043 05loan@talt.com 5410,985.73 1.00% 19 Malaga Park Project Construct a new park, Install concrete monument sign. landscape & irrigation 5/3/18 City of Wildomar 23873 Clinton Keith Road VVildomar, CA92595 Cameron Luna -(951_677-7751 K 245 CLunagjicityofwildomar.ort 5284,980.02 100% 18 Cambridge Ave/ Edirnburg AveAlley Water Improvements Project Installation of a new 4" Water main, Abandon Ex 'sting water main, Re- connect resident service laterals 4/13/18 San Dieguito Water District 160 Calle Magdalena Encinitas, CA92024 Blair Knoll -(760)633-2793 BknolleFencinitasca.gov $142,694.34 100% 17 Santee LakesGenerator Project Install a new 150 KW generator, including gated enclosure, and automatic transfer switch 2/28/18 Padre Dam Municipal Water District 9310 Fanita Parkway Santee, CA92071 Brian Hague-1619)258-4751 BHaguegipadre.org $197,294.71 100% 16 Bolero Pressure ReducingStation Vault Replacement and Design improvements Project install new waterworks vault, I nstal I C ML&C Pipe& Appurtences, Electrical, &Asphalt 1/9/18 Cityof Carlsbad 1635 FaradayAve Carlsbad, CA92008 Dallas Poore -(619)804-8180 OPooregPfortitudeec.com 5259,796.99 100% 15 Rathbun Creek Phase3A Bridge Installation Installation of a pre-fabocaled pedestrian bridge, concrete approach slabs, 5itework 12/13/17 City of Big Bear Lake P.O. Box 10000 Big Bear Lake, CA92315 Andrew Simmons -(909)466-5831 AXImmons@citybigbearlake.com 5114,542.30 100% 14 Cress Street Wall and Sidewalk Improvements Soldier Pile Reinforcing Wall, Sidewalk Improvements, Atrium Drain System 11/15/17 City of Laguna Beach 5055. Forest Ave Laguna Beach, CA92653 Tom Sandefor -(949)497-0339 Isandefur@legunabeachcIty.net 5400,138.00 100% 13 Improvements Reinforced Concrete Pipe, Sidewalk and ADA Ramp improvements. Structures MI D 1854 Corak Storm Drain 7/16/17 City of Baldwin Pork 14403 E. Pacific Avenue Baldwin Park, CA91706 David Lopez -(626)9604011 Dlopez@baldwinpark.com $1,205,039.60 100% 12 Laurel Ave Storm Drain Replacement Installation of Catch Basins, RCP, C900 & DIP Pipe, Concrete Collars, Curb, Gutter, & Asphalt 6/23/17 City of Manhattan Beach 1400 Highland Ave Manhattan Beach, CA 90266 TIm Birthisel (3101802-5365 Tbirthisel@citymb.info $105,541.16 100% 11 Cabot Road Gloswale Blosavale Installation, Drainage Structure /Splitter st ructure installation, RCP, Fenclne& RipRap 4/1/17 City of Laguna Hills 24035 El Toro Road Laguna Hills, CA92653 Ken Rosenfield (949)707-2655 krosenfteldealagunahillsca.gov $376,732.05 100% 10 Ray St oyer WRF Concrete Repairs Repair existing concrete I nfluent and effluent channels. Replace old and damaged plumbing 4/1/17 Pad re Darn Municipal Water District 9310 Fanita Parkway Santee, CA92071 Arne sandvik .. (909)305-2947 asandviktepadre.org $431,281.73 100% 9 Emergency Protection for Linda Lane Pump Station Phase II Increase lagging size in existing soldier pile reinforcing wall 2/9/17 City of San Clemente 910 Calle Negocio San Clemente, CA92673 Greg Deist -(949)337-3133 DeistGigsan-clemente.org $73,399.43 100% 8 Huntington Harbor Beaches Sand Replenishment import 8,500 CYof sand fromt he lower Santa Ana River to various Huntington Harbor beaches 2/7/17 City of Huntington Beach 2000 Main Street Huntington Beach, CA92648 Scott Smith -(734)536-5287 SsmIthigsurfcity.lib.org $453,864.00 100% Par '3 Job V 7 Project Name Milligan drive Bridge Renovations Descr ipt ion Date Completed , 12/70/16 Agency. City of Lag each una B 505 S. Forest Ave Laguna Beach, CA92651 - Agency Contact Tri Nguyim -(949)497-0741 tnguye,n@lagunabeachcity.net Contract Amount • $114.669.79 •Percent Complete 100% Remove existing milli gan drive bridge. Replace with pre-cast bridge 6 North Beach Opportunistic Sand Replenishment Project import 3.2,000 CYof sand to San Clemente's North Beach 12/9/16 City of San Clemente 910 Calle Negocio San Clemente, CA 92673 Aeryn Donnelly .. (949)361-8267 DonnellyAglsan-clemente.org $430,900.00 100% 5 tiwY 101 Storm Drain and Slope Repair Slope Restorat Ion, Storm Drain, Road Repair, Runoff Mitigation. Work rook place adjacent a coastal lagoon 6/22/16 City of Encinitas 5055. Vulcan Ave. Encinitas, CA 92024 Nick Diele- (760)633-2782 Ndieleeencinitasca.gov $667,821,26 100% 4 Franklin Lift Station Wet Well Expansion Expansion of an existing vault, CML&C Pipe & Appurtences, V- Ditch. Brow Ditch, & Splash Pad 6/3/16 City of La Verne 3660 "D" Street La Verne, CA91750 Jerry Meta - (909) 596-8749 lmesarilcityotlaverne.org $613,429.27 100% ._ 3 Juanita Cooke Greenbelt Trail Construct pedestrian & horse tr Landscape and Irrigation 5/9/16 City of Fullertonail, 303 W. Commonwealth Ave Fullerton, CA92832 Paul Lubliner - (714)738.6M Paulleci.fullerton.ca,us 5206,358.00 100% 2 El Portal Beach Access Rehabilitation Project Demolish existing beach access stairs, Construct new beach access stairs & handrail 12/11/15 City of San Clemente 910 Cal le Negocro San Clemente, CA92673 Aeryn Donnelly -(949)161-8267 DonnellyA@saoclemente.org $850,104.00 100% 1 Emergency Protection for Linda Lane Pump Station Phase 1 Install soldier pile wall at toeof slope to protect existing pump Station 8/4/15 Cityof San Clemente 910 Calle Negocio San Clemente, CA 92673 Greg Deist - (949)337-3139 DelstGOsan-clementeorg $107,000.00 100% Pa' '3 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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: ID Comprehensive General Liability El Automobile Liability CZI Workers Compensation El Employer's Liability 2)Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of in- surance 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. f1/4 Revised 6/12/18 Contract No, 6624 Page 23 of 118 CONTACT Christina M Mountz NAME: PHONE (NC, No, Ext): (909) 886-9861 E-MAIL ADDRESS: cmountz@alliant.com INSURER(S) AFFORDING COVERAGE (A/C, No): FAX (909) 886-2013 NAIC # INSURER A : Travelers Indemnity Company of Connecticut 25682 INSURER e: Travelers Property Casualty Company of America 25674 INSURER C: Benchmark Insurance Company 41394 INSURER D • INSURER E: INSURER F: WRIGCON-02 TWANG klIer••••••'--- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 3/10/2021 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0C36861 Inland Empire-Alliant Insurance Services, Inc. 685 Carnegie Dr Ste 265 San Bernardino, CA 92408 INSURED Wright Construction Engineering Corp 2625 S. Santa Fe Ave San Marcos, CA 92069-5927 COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TO ALL POLICY PERIOD WHICH THIS THE TERMS, INSR ADDL SUBR LTR TYPE OF INSURANCE INSO tNVD POLICY NUMBER POLICY EFF (MM/DDIVYYY1 POLICY EXP INIM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR 4T22-00-7K006077-TCT-21 3/4/2021 3/4/2022 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE Va`Ri-sr`IElEoNTEgncel 300,000 X PD Ded $5,000/Occ MED EXP (Any one person) 5 5,000 PERSONAL &ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I Loc GENERAL AGGREGATE S 2,000,000 -1 POLICY x 78-i PRODUCTS - COMP/OP AGG S 2,000,000 I OTHER: EBL AGGREGATE S 2,000,000 B X ._ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY IZTEODS ONLY $1,000 Comp Ded SCHEDULED AUTOS v.a.possu $1,000 Coll Ded BA-8L729156-21-2S-G 3/4/2021 3/4/2022 COMBINEDad SINGLE LIMIT 1 s 1,000,000 BODILY INJURY (Per person) S. _ — BODILY INJURY (Per accident) S X x PROPERTY DAMAGE (Per accident) S — yl x S -- B X UMBRELLA LJAB _ EXCESS LIAB 1 X I OCCUR CLAIMS-MADE CUP-1N870435-21-2S 3/4/2021 3/4/2022 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED X RETENTION $ 10,000 Over GL/AL/EL C WORKERS COMPENSATION AND EMPLOYERS' UABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE p OFFICERNEMBER EXCLUDED? IN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X CST5021206 3/4/2021 3/4/2022 X PER 0TH- ER $ EL. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Projects The City of Carlsbad, its officials, employees and volunteers are additional insureds as respects to general liability per endorsement attached; waiver of subrogation applies as respects to workers compensation per endorsement attached. - CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD do EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCL4L GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ET CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a.With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b.If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies_ Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a.If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b.The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. C. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a)How, when and where the "occurrence" or offense took place; (b)The names and addresses of any injured persons and witnesses; and (c)The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: CG D2 46 04 19 02018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a)Immediately record the specIfics of the claim or "suit' and the date received; and (b)Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 Policy Number: 4T22-CO-7K006077-TCT-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured —Unnamed Subsidiaries B.Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION WHO VS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a•Named Insured if: a.You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b.Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage' that occurred, or "personal and advertising injury" caused by an offense committed: a.Before you maintained an ownership interest of more than 50% in such subsidiary; or b.After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section 11— Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C.Incidental Medical Malpractice D.Blanket Waiver Of Subrogation E.Contractual Liability —Railroads F.Damage To Premises Rented To You a.An organization other than a partnership, joint venture or limited liability company; or b.A trust; as indicated in its name or the documents that govern its struclure. B. BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a.Any "bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b.Any "bodily injunt or "property damage" included in the "products-completed operations hazard". CG D3 16 02 19 @ 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "orrurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing profecsional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a)"Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technidan or paramedic; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph C. of the definition of "insured contract" in the DEFINITIONS Section: C. Any easement or license agreement; Page 2 of 3 © 2017 The Travelers Indemnity Company_ All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract` in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: a.Any premises while rented to you or temporarily occupied by you with permission of the owner; or b.The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 02 19 @ 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 03/04/2021 Policy No.: CST5021206 Endorsement No. Policy Effective Dates: 03/04/2021 - 03/04/2022 Insured: Wright Construction Engineering Corp Carrier Name / Code: Benchmark Insurance Company A WC 04 03 06 Countersigned by (Ed. 04-84) 0 Copyright 1984 National Council on Compensation Insurance, Inc. Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 1)Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2)If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. NIA N/A party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: '1..:3ristruction Enuineering Corp (name of Contractor) By: (sign here) Wes Wright - President (print name/title) Page 1 of 1 pages of this Re Debarment form 11417 Revised 6/12/18 Contract No. 6624 Page 24 of 118 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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 ant or nrnksinn is filed within four years of the date of the alleged oinlptinn. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1)Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board two or more times within an eight year period? yes no 2)Has the suspension or revocation of your contractor's license ever been stayed? yes no 3)Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x no yes 4)Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5)If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form —40 Revised 6/12/18 Contract No. 6624 Page 25 of 118 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) BY: (sign here) WPS Wright- P osidcmt (print name/title) Page of 2 pages of this Disclosure of Discipline form Revised 6/12/18 Contract No. 6624 Page 26 of 118 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 The undersigned declares: 'right Constructio! I am the President of .,rtgineering Corp, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on March 16 20 atSari iVio [city], 1Ioiii [state]. Signature of Bidder Revised 6/12/18 Contract No. 6624 Page 27 of 118 CONTRACT PUBLIC WORKS This agreement is made this day of 2021, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Wright Construction Engineering Corporation whose principal place of business is 2625 South Santa Fe Avenue, 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 docu- ments for: CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 (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 Subcontrac- tors, 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 Contrac- tor'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 compli- ance. 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 pay- ments 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 ti e* —1- Revised 6/12/18 Contract No 6624 Page 28 of 118 may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A.Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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 inher- ent 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 require- ments 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 eligi- bility 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. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 4,4 rr Revised 6/12/18 Contract No. 6624 Page 29 of 118 9.Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense 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 (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 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 412( Revised 6/12/18 Contract No 6624 Page 30 of 118 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 com- pany 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 pro- vided to the City, its officials, employees or volunteers. d.Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C)Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D)Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E)Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F)Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors 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 endorse- ments 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. 1111, t — Revised 6/12/18 Contract No. 6624 Page 31 of 118 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions 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 antici- pation of litigation or in conjunction with litigation. (B)False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C)Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance 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. , init init 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 prin- cipal 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. tm: Revised 6/12/18 Contract No. 6624 Page 32 of 118 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 substi- tuted 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 sub- contractor 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 pursu- ant 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. III III III III III III IH OS' t ad" Revised 6/12/18 Contract No. 6624 Page 33 of 118 ATTEST: Re c#or &time ii Barbara Engleson, City Clerk CELIA A. BREWER City Attorne By: 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Wright Construction Engineering Corp me of Contr Ct r) /17;i y , • (sign here) Wes W. Wright (print name and title) By: N/A See Corporate Resolution (sign here) N/A See Corporate Resolution (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California By: Geoff Patnoe, Assistant City Manager as authorized by the City Manager By: 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: A sistant City Attorney 411,-M• t or- Revised 6/12/18 Contract No. 6624 Page 34 of 118 CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr. Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on July 1, 2014 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That the President, Wesley Wright, of the Corporation is hereby authorized to sign any contracts or forms on behalf of the Corporation. RESOLVED FURTHER: That the President, Wesley Wright, is hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. DIRECTORS 7-I Date President Vice President Date Secretary Date 7-/ Treasurer Date Witness my hand seal of this corporation on this 1st day of July, 2014. Executed in Duplicate Bond Number: 1001155632 Premium included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Wright Con- struction Engineering Corporation, (hereinafter designated as the "Principal"), a Contract for: CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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, Wright Construction Engineering Corporation as Principal, (hereinafter designated as the "Contractor"), and U. S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of sixty-two thousand dollars ($62,000), 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 as- signs, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors 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 Develop- ment 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 attor- ney'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. 4P'‘' tieS Revised 6/12/18 Contract No. 6624 Page 35 of 118 CELIA A. BREWER City Attorney By: sistant CI Attorney In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 7th day of April , 20 21 Wright Construction Engineering Corp(SEAL) U. S. Specialty Insurance Company (SEAL) (Principal) (Surety) By: By: (Signature) (Sig Wes W. Wright - President (Print Name & Title) Cynthia J. Young, Attorney-In-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: 4r. ta. —r- Revised 6/12/18 Contract No. 6624 Page 36 of 118 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT niCialOgOingrANCONICialOaNGICGINCOCGOONCONOGICONIGTercraralOwiaCiniaLNOKKKOOKOCONIMOK062020:02.30NOXVOKNINGIOVACCiaLlit: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino ) APR 0 7 2021 On before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") SS. personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd official seal. 1 10,0JN)t' 711() 0 XL 120L Sigture of Notary Pu lic Rebecca Elizabeth Adcock I COMMISSION* 2327252 NOTARY PUBLIC -CALFORNIA g OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual CI Corporate Officer Title CI Partner -- CI Limited 0 General O Attorney-in-Fact El Trustee O Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here before me, \\IT — Name(s) of Signer(s) t CA 0\ Ra 96Tyli PoBLric Here Insert pamq, and Title of the Offic aqS t.tv)ri Description of Attached Document Title or Type of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of %.17-f—AA On PK-1. ( C1(2e/2-- Date personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICIA ROSALES Notary Public - California San Diego County Commission # 219975$ My Comm. Expires Jun 18, 2021 W1TNE$S_my hand and official seal. Signature Signatu- re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — Ti Limited Eli General 0 Individual U Attorney in Fact ID Trustee 0 Guardian or Conservator E Other: Signer Is Representing: Number of Pages: Signer's Name: El Corporate Officer — Title(s): Li Partner — 1=1 Limited Ti General [Ti Individual L Attorney in Fact Li Trustee C Guardian or Conservator CI Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 /'-- ohn Ga amendi isurance C us toner By STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO N4 0798A Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company of Houston, Texas , organized under the laws of Texas , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate. the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance ELMS of the State of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fall compliance with all, and nor in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now arc, or may hereafter be changed or amended. IN wrrNEss WHEREOF, effective as of the 29th day of December 2004 I have hereunto set my hand and caused my official seal to be affixed this 29th day of December , 2004 NOTICE: Qualification with the Secretary of State must be accomplished as required by the ode pro " Dy aftc-r issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and ID be rounds for revoking this Certificate of Authority pursuant to the convenonts made in the application therefor and the conditions contained herein. 2.5p 051, 00 30201 Agency No. 3501 - TOKIO MARINE - H C C POWER OF ATTOIR,!, NrEly, — AMERICAN CONTRACTORS INDEMNITY COMPANY EXASBONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAljTY:INSUR;ANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S._Spe_cialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute J111!,_, 1,1 11 trj Jay P.1,Freerilan,11..pUrte B.yruck, Cynthia-4i, Y-Digig,yehrigtilIfVr07untz 4 ,1\1/leliSsa bawn .Sehwartz of San Bt-rAktlittaVatirommv , _ " its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full poWe-i- and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the-bond penalty does not exceed Three Millions"*,* Dollars (-***S3,00.0-,000.00 ). This Power of Attorney shall expire without further action n Apri!TF,720221.1This Power of Attorney is granted under and-by--i---atithority of the following resolutions adopted by the Boards- ofiDireCtOrs,of the Companies: ' , B e it-Resolved, that the President, any Vice-President, any Assistant Vice-President, anylSecretaiy or any Assistant Secretary shall te aritifisl%re&yi-, -- vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages,and/or final estimates pn engineering and construction contracts, and any and all notices and..doc.uments canceling or terminating the Companyis1liability , thereunder; and any such instruments so executed by any such Attorney-in-Fact Shall b-ebiriding_up-on: the Company as if signed by the President :and Sealed aria effecie'd by the Corporate Secretary. Be it Resolved, that the signature of an) authorized officer and seal of the Company heretofore or hereafter affixed to any power otattorney-or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. 114 WITNESS-WHEREOF, The Companies have catisftLtlais instrument to be signed and th,er corporate seals to be hereto affixed,_this. _--- 7 r 1--staay-of-lum 201-8. 1 ..11 ,1,1 i ', ' '1, 111 1111 1,11, —-- --r-- -- ' AMER=NettlisiTRA-D-WYMENDEmNire COMPANY [TEXAS Ogrlp nip ,o0PANy , i, , — -, _ UNITED -sixfp.SURET-x„qpitPANY Ufkii4pEdiA(pliiipkulfiAN1cf DibilkitiDANY Ao/ ,..:0....,??,`,.„ ,,•AP. ....... '4 A*,,,.. Y2.4.;•,, '1„40. ................ ...ft", c. •-• • ..z. 5 siptu me , - , ... ',‘,„466,01sts v s,e6•11,tos'* „„,,,i„„os By: . Daniel P. Aguilar, Vice President -_ m 1i,111 Nota orbircor other officer Cdrnf;i i le"cir igi /is ce' rtilicatO verifies only the _ identity of the individual who signed the ddcurnent to- --yl_i_itfrth-LftWifeate is attached, and o Itheitru hynOk accuracy, or validlycitthatrdbcdment_ _ On this 1s, day of June, 2018, befor'elimhe, Soria 0.1'Carrejo, a notary public, p-efsonally appeared Daniel P. Aguilar, Vide President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument -L-Tthe-±persdivror-416--entity upon behalf of which the person acted, executed the instrument. '11 1 , 11i , Lltertify under PENALTY OF PERJURY under the laws of the State of califoiTnia '0,pt; the foregoing paragraph is true=ari-d-Lcdffect,M I . .1n464 " ,4StNA.yp,,Zk'CAR‘cRmtt 114 . 4h1 Signature , (seal) My Comm, Expinr Apr 2.1, 201 ComiTlirrkinil Ct°2701Y79 i .1 I 1 ! l'IHH' - -.- ' -7 • -7-- - I, Kio Lo, Assistant Secretary ,..Arrte*an H lqonpr,c p:9rs! Indemnity Company, Texas Bonding Company, United States --ure____V, -=-- _.----.; Company and U.S. Specialty Insuriailee'OOmpahy4 here* certify that the above and foregoing is a true and correct:copy:of a Powera of Attorney, Attorney, executed by said Comp4)es; Whioh is 'Stalin full force and effect; furthermore, the resolutions of the Boards of-Directors — set out in the Power of Attorney are in full force and effect. In Witness Whereof,Ahave hereunto set my and and affixed the ,0 :;::o . f said Companies at Los Angeles, California this --1-1,--- day-of_ tA — - - -----. -- _ 0 01.1111,4, , oil ......... r.f.?!.,,,,..,,'*... ' .,0,,o.:-...?4,>. , ip,..../ • 4,,..),- ii u. State of California County of Los Angeles WITNESS my hand and official seal.. Kio Lo, Assitailt Secretary 1 tflic t .1„j1L _ hicr-SMANP0,406/2018 Executed in Duplicate Bond Number: 1001155632 Premium: $1,116.00 Premium is for the contract term and is subject to adjustment based on the final contract price. FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Wright Con- struction Engineering Corporation (hereinafter designated as the "Principal"), a Contract for: CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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, Wright Construction Engineering Corporation as Principal, (hereinafter designated as the "Contractor"), and U. S. Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of sixty-two thousand dollars ($62,000), 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 as- signs, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. t af. —r- Revised 6/12/18 Contract No 6624 Page 37 of 118 By: Wes W. Wright - President (Signature) Cynthia J. Young, Attorney-In-Fact CELIA A. EWER City Attorney By: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 7th day of April , 2021 Wright Construction Engineering Corp(SEAL) U. S. Specialty Insurance Company (SEAL) (Principal) (Surety) (Print Name & Title) (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: Assistant City Attorney *‘' fat. UT- Revised 6/12/18 Contract No. 6624 Page 38 of 118 personally appeared Ndr::'-tiORebecca Elizabeth Adcock I COMMISSION # 2327252 .°; NOTARY PUBLIC - CALIFORNIA 8 SAN BERNARDINO COUNTY I My Comm i..43,res 3-May-2024 NT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino ) On APR 0 7 2021 SS. before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe: Notary Public") Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 3 0 -p, I , WITNESS my hand a nd official seal. 91- ) 6 2°C)I2L Sign ture of Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual O Corporate Officer Title O Partner -- 0 Limited 0 General O Attorney-in-Fact CI Trustee El Guardian or Conservator Other: Signer is Representing: On A ig,2d21 before me, Date \N-es \N) cchr (cta jcv,e-c personally appeared rtere Insert Name and Title of the Office? Name(s)bf Signer(s) State of California County of PATRICIA ROSALES Notary Public -.California San Diego County Commission 2199755 My Comm. Expires Jun 18,2021 WITNESS my hand and official seal. Signature ignature of No ary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dorzerit Title or Type of Document: l cOt WW1& itAlattioh--11 Bone Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: EJ Corporate Officer — Title(s): E Corporate Officer — Title(s): El Partner — 0 Limited E General ID Partner — El Limited El General El Individual 0 Attorney in Fact Individual 0 Attorney in Fact El Trustee El Guardian or Conservator 0 Trustee 0 Guardian or Conservator 710ther: C Other: Signer Is Representing: Signer Is Representing: gswoemeomeo . 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-878-6827) Item #5907 Signer's Name: NOTICE: amendi issioner By STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO N4 079811 Amended Certificate of Authority THIS IS TO CERTIFY MAT, Pursuant to the Insurance Code of the State of California. U.S. Specialty Insurance Company of Hous ton, Texas organized under the laws of Texas , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject w all provisions of this Certcate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the lows of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 29th day of December 2004 I have hereunto set my hand and caused my official seal to be affixed this 29th day of December , 2004 Qualification with the Secretory of State must be accomplished on required by the ode pro ly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and 11 be grounds for revoking this Certificate of Anthority pursuant to the convenants made in the application therefor and the conditions contained herein. ,ORINCS1 t•Sal 06P CO /470 "'"•.' • ,,,,,,,,,,,,,,,, torpOrat-e-86.ils :4e; 01(00..014.W.0 Agency No. 3501 Kb o Lo, Assi Secretary .11 HCCSMANROAO6N018—:---- - = = --" — = ' illiti, . 11, 11 I, ,111,1 it n '1 — _ v tht Mh.Co.cdii /surety for mdifOjrifOrtnation III 11 i iii1"1111! TOKIOMARINE H C C -ER OF ATTORNErfill,‘ AMERICAN-f-,C_ORTRACTORS INDEMNITY COMPANY 11 "E$AS, pONOIN,q COMPANY UNITED STATES SURETY COMPANY U.S. SPECyy_TY*SURANCE, COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do_by these presents make, constitute and appoint: 11 1-1 , 1 - Jay I-4,1 'ileernaril, iNaUnel Priuck, CynthiaT,,I ).1-OuN, QV-Mina Mountz — lorplelissaiDaWn 18bhwartz of San Bernard_ino_alifornia _ its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the _bond penalty does not exceed *****Three Million . . Dollars -1-:(-----***$3,000;000.00.*z!* ). This Power of Attorney shall expire without further action oh April 23r0; 2022. This Power of Attorney is granted -i.-- -Under andby-aufhority of the following resolutions adopted by the Boards of bitectorsiOf the Companies: - --,- Ele-Lit'ResoTY-ed, that the President, any Vice-President, any Assistant Vice-President, any Se'rotary or any Assistant Secretary shatte and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, .,recognizances, contracts, agreements or.inderpnity and other conditional or obligatory undertakings, including any and all consents ----o-Mti.e4eleese7lof _retained percentages, and/or final Stjrri*es on engineering and construction contracts, and any and all notices and _documents, ,--- - n--a'pancelirrg -of-AeTwiinating the Company 'S liability II thereunder, land aril}, such instruments so executed by any such Attorney-in-Fact shall be binding Up-on - Tai - the CdrV President tipaelftigned by the Pdentlapd,Sealed 'ari'd effect Secretary ed by the Corporate Secreta. - _ _ , 'I J i Be it Resolved, that the signature of any .authorized officer and seal of the Company heretofore or hereafter affixed to any powerof'rettorriey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS_WHEREOF, The Companies have causesMis instrument to be signed and their corporate seals to be hereto affixed, this ' COMPANY J - -- ----=_-_-=' -_,=------ ..,.--i—_---. I lui li, AMERICA --I'MCINTITACTONINDEMNITY NY ,frii1NAs BONDING OMPANY — UNITED State of California :S. ,cr it.pfS....,M.......gtx ?cr.__ fANY / 40,,dilt „r4 .t41.9k, 'ANC'dOnnPANY .ps,r," IA --- —.-_- 59.! *Dammam , . ,..." ., By: ...../W =,-„Daniel P. Aguilar, Vice Presidentfe = A Notary Public or other officer idornOlettn g is ceoaielvenfies only t -ffA iffriktY onhintliftidual who signed the 4:16airrient to _which this certificate is attached, at).0)pot the.triutlqUil SSJI accuracy, or validiVathat document On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument _ thet-p_erson, prthelentity upon behalf of which the person acted, executed I tie ins i, tru irrderi l t. '1: -- - - - - I--cert4 under-PENALTY OF PERJURY under the laws of the State of California ithat,theiforegding paragraph is'true and correct. ' r'-^1:1ili.raillIrl 'i "gr r2;f:,17,4' I Signature — (seal) y Com". Evil ils AD, 23. 2022 Caritihla, / 22'39479 i . H 1; . ! ,i I 'VI. i _ .'--- Kr1_6,-',ASSistant Secretary American; Contziadtbrs' Indemnity Company, Texas Bonding Company, United Statas—Sbre II, , , 1 II, ,,, - - - -- __--... -- Company and U.S. Specialty Insurande,Company,1 co hereby certify that the above and foregoiVisAtrue and correct copy a Ptiwet -----' Th.., of Attorney, executed by said Companies, Which is still in full force and effect; furthermbre,lheTeolutions of the Boards Of-DirectoFt-,;- - - -.7- set out in the Power of Attorney are in full force and effect. ,) I ess Whereo h h eunto set m hand and affixed the seals of said Companies at Los Angeles, California this County of Los Angeles WITNESS my hand and official seal.. 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 fol- lows: 1.Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor 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 CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 16B-32 CONTRACT NO. 6624 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay- ments 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 secu- rities. 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 Es- crow 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. t at —1- Revised 6/12/18 Contract No. 6624 Page 39 of 118 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 Con- tractor. 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 com- plete 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 pur- suant 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 secu- rities 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 For Contractor: Name Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title For Escrow Agent: Name Signature Address 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. 1% Revised 6/12/18 Contract No. 6624 Page 40 of 118 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address t Ur- Revised 6/12/18 Contract No 6624 Page 41 of 118 GENERAL PROVISIONS FOR CARLSBAD STATE BEACH ENERGY DISSIPATER REPLACEMENT OUTFALL NO. 15B-32 CONTRACT NO. 6624 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, in- structed, 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", "sched- uled", 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 un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equzis :me 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 "ap- proved", "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 ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing 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. el- Revised 6/15/17 Contract No. 6624 Page 42 of 118 Addendum — Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins 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 special assessments authorized under a State Act or procedural ordinance of a City or County. Base—A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid — The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder — Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board — The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond — Bid, performance, and payment bond or other instrument of security. City Council — the City Council of the City of Carlsbad. City Manager — the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract — A Contract financed by means other than special assessments. Change Order — A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code — The terms Government Code, Labor Code, etc., refer to codes of the State of California. 4 Construction Manager— the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract — The written agreement between the Agency and the Contractor covering the Work. Contract Documents — Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Afflfr IP' 0 1- Revised 6/15/17 Contract No. 6624 Page 43 of 118 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 contrac- tor" 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, lumi- naire, etc. Engineer — The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile — Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer — A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer — A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire — The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm — The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item — A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification — Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award — The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. os- t el- Revised 6/15/17 Contract No. 6624 Page 44 of 118 Notice to Proceed — A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 — Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, 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 admin- istration and first level for informal dispute resolution. Proposal — See Bid. Reference Specifications — Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway — The portion of a street reserved for vehicular use. Service Connection — Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer — Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications — General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard — The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans — Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Revised 6/15/17 Contract No. 6624 Page 45 of 118 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, sub- base, 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 ease- ment. 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. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Hans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 111'W Aw. my- Revised 6/15/17 Contract No. 6624 Page 46 of 118 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile — butadiene — styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve BAN Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit Television CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe. CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMP Corrugated Metal Pipe CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard DraWings CTB Cement treated base CV Check valve CY Cubic yard Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DVVY Driveway DWY APPR Driveway approach Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing Fahrenheit F&C Frame and cover F&I Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation 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 Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible 11F11, te4: Revised 6/15/17 Contract No. 6624 Page 47 of 118 GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JO Junction chamber JCT Junction JS Junction structure JT Joint Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OH E Overhead Electric OMVVD Olivenhain Municipal Water District OPP Opposite ORIG Original PACP...... Pipeline Assessment Certification Program PB Pull box PC Point of curvature FCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve P E Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Pblyvinyl chloride PVMT Pavement PVT RNV Private right-of-way Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete ROB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard SIR Strairrht STR GR Straight grade STRUC Structural/Structure SW Sidewalk 411Y Revised 6/15/17 Contract No. 6624 Page 48 of 118 SWD Sidewalk drain USA Underground Service Alert SY Square yard VAR Varies, Variable Telephone VB Valve box TAN Tangent VC Vertical curve TC Top of curb VCP Vitrified clay pipe TEL Telephone VERT Vertical TF Top of footing VOL Volume TOPO Topography \AND Vallecitos Water District TR Tract Water, Wider or Width, as applicable TRANS Transition WATCH Work Area Traffic Control Handbook TS Traffic signal or transition structure WI Wrought iron TSC Traffic signal conduit WM Water meter TSS Traffic signal standard WPJ Weakened plane joint TW Top of wall XCONN Cross connection TYP Typical XSEC Cross section UE Underground Electric 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AVVVVA American Water Works Association FHWA Federal Highway Administration G R I 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 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 6/15/17 Contract No. 6624 Page 49 of 118 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit Abbreviations (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (µm) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square 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 (lb) (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 Kilopascal (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-lbfj/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations begree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F — 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) 103 centi (c) 10-2 milli (m) 10-3 micro (0 1 0-6 nano (n) 10-9 pico (p) S 10-12 1-5 SYMBOLS A Delta, the central angle or angle between tangents •Angle •Percent Feet or minutes •Inches or seconds 1 Number per or (between words) •Degree PL PronArt‘i CL Centerline SL Survey line or station line 41W taw. -9- Revised 6/15/17 Contract No. 6624 Page 50 of 118 SECTION 2 — SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a)The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), which- ever is greater." "(b)The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.6. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the. Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. irk t at Revised 6/15/17 Contract No. 6624 Page 51 of 118 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 proceed- ings 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 deter- mination 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 subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, 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 Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and ettect and be retained by the Agency during this project until they are released according to the provisions of this section. el- Revised 6/15/17 Contract No. 6624 Page 52 of 118 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1)An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2)A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-6.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), and the latest supplements thereto, 2018 edition as published by the "Greenback" 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 tads- bad Drawing #526-2 and consists of two (2) sheets. 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 Depart- ment 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 in Appendix A. *ik 6, Revised 6/15/17 Contract No. 6624 Page 53 of 118 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 Speci- fications and not shown on the Plans or shown on the Plans and not specified in the Specifica- tions, 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, im- mediately 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 edi- tion 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. 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 Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifica- tions are used to modity the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and con- struction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for ta, Revised 6/15/17 Contract No. 6624 Page 54 of 118 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 CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 15 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submit- tals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1)Project title and Agency contract number. 2)Number of complete sets. 3)Contractor's certification statement. 4)Specification section number(s) pertaining to material submitted for review. 5)Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6)Description of the contents of the submittal. 7)Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 7u1w.' Revised 6/15/17 Contract No. 6624 Page 55 of 118 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Title Subject Number 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 209-2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6 General Falsework 7 303-1.7 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.7.3 General Temporary Bypasses 13 307-1.1 General Jacking Operations 14 307-2.1 General Tunneling Operations 15 307-2.4 Tunnel Supports Tunneling Operations 16 306-8.2.2.3 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 17 308-3 Microtunneling Microtunneling Operations 18 701-17.2.2 Controller Cabinet Wiring Diagrams Traffic Si • nal Construction Working drawings listed above as Items 1, 5, 6, 8, 9, 10, 12, 13, 14, 15 and 17 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-6.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assem- bled 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 Specifica- tions 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 sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. t el- Revised 6/15/17 Contract No. 6624 Page 56 of 118 2)List of Materials per 4-1.4. 3)Certifications per 4-1.5. 4)Construction Schedule per 6-1. 5)Confined Space Entry Program per 7-10.4.4. 6)Concrete mix designs per 201-1.1. 7)Asphalt concrete mix designs per 203-6.1. 8)Request for Permission of Laydown or staging area (if within City ROW) 9)Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bul- letins, specifications, diagrams, product samples, and other information necessary to de- scribe 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, manufac- tured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep an up-to-date record set of drawings "as-built", which shall be corrected in red and show every change from the original draw- ings and specifications and the exact "as-built" locations, sizes and kinds of equipment, under- ground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. The official record drawing shall accurately reflect all changes and modifications to the original plan. The Contractor shall formally submit the final rec- ord drawing at the final walkthrough meeting. At the direction of the engineer, the Contractor shall correct and revise the Record Drawings to accurately reflect field conditions. Re-submittal of the Record Drawings shall be completed within ten (10) working days of the final walkthrough meeting date and shall reflect any additional punch list items. Payment for the upkeep, revision, and sub- mittal of the record drawings shall be included in the lump sum price for this bid item. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in Revised 6/15/17 Contract No. 6624 Page 57 of 118 writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Busincss 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 monu- ments, 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. 41),: t14 Revised 6/15/17 Contract No. 6624 Page 58 of 118 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 loca- tions 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 con- struction 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 Re uirements for Construction Stakin Feature Staked Stake De- scription CD Centerline or Parallel to Centerline Spac- Inge, ID Lateral Spec- ing e, (Ii) Setting Tolerance (Within) Street Centerline SDRS M-10 Monument £1000', Street Intersections, Begin and end of curves, only when shown on the plans on street cen- terline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, £ 50' on tangents & £ 25' on curves, Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and £ 50' Grade Breaks & £ 25' 0.1' Vertical & Hori- zontal Fence RP + Marker Stake £ 200' on tangents, £ 50' on curves when Rz 1000' & 25' on curves when R< 1000' N/A (constant off- set) 0.1' Horizontal Rough Grade Cuts or Fills ³ 10 m (33') RP + Marker Stake £ 50' N/A 0.1' Vertical & Hori- zontal Final Grade (in- eludes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grad- ing area £ 50' on tangents & curves when Rz 1000' & £ 25' on curves when R £ 1000' £ 22' 3/8" Horizontal & 1/4" Vertical Asphalt Pave- ment Finish *Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pave- ment, paving pass width, crown line & grade breaks 3/8" Horizontal & 'V Vertical Drainage Struc- tures, Pipes & similar Facili- ties0, 0 RP + Marker Stake intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate 3/8" Horizontal & Ye Vertical Curb RP + Marker Stake < 25', BC & EC, at %A, %A & Y'A on curb returns & at beginning & end (constant off- set) 3/8" Horizontal &1/4" Vertical Traffic Signal 0 Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk Signal Poles & Controller 0 RP + Marker Stake at each pole & controller location as appropriate 3/8" Horizontal &1/4" Vertical Junction Box T RP + Marker Stake at each junction box location as appropriate 3/8" Horizontal & Ye Vertical 411k t at —1- Revised 6/15/17 Contract No. 6624 Page 59 of 118 Feature Staked Stake De- scription 0 Centerline or Parallel to Centerline Spac- ing®, 0 Lateral Spac- ing 3, 0 Setting Tolerance (Within) Conduit 0 RP + Marker Stake . £ 50' on tangents & curves when R> 1000' & £ 25' on curves when R £ 1000' or where grade £ 0.30% as appropriate 3/8" Horizontal & when depth cannot be measured from exist- ing pavement 1/4" Ver- tical Minor Structure 0 RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (3) as appropriate 3/8" Horizontal & 1/4" Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake £ 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Hori- zontal Wall 0 RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 1/4" Horizontal & 14' Vertical Major Structure 0 Footings, Bents, Abut- ments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & 1/4" Vertical Superstruc- tures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & 1/4" Vertical Miscellaneous 0) Contour Grad- inq 0 RP + Marker Stake £ 50' along contour line 0.1' Vertical & Hori- zontal Utilities 0, 0 RP + Marker Stake < 50' on tangents & curves when R> 1000' & £ 25' on curves when R £ 1000' or where grade £ 0.30% as appropriate 3/8" Horizontal & 1/4" Vertical Channels, Dikes & Ditches 0 RP + Marker Stake intervisible & £ 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1' Horizontal & 1/4" Vertical Signs 0 RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1' Vertical & Hori- zontal Subsurface Drains 0 RP + Marker Stake intervisible & £ 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar fa- cilities as appropriate 0.1' Horizontal &1/4" Vertical Overside Drains 0 RP + Marker! Stake . longitudinal location At beginning & end 0.1' Horizontal & 1/4" I Vertical Markers 0 RP + Marker Stake for asphalt street surfacing < 50' on tan- gents & curves when R> 1000' & £ 25' on curves when R £ 1000'. At marker lo- cation(s) ' 1/4" Horizontal Railings & Bar- riers 0 RP + Marker Stake At beginning & end and £ 50' on tangents & curves when R > 1000' & < 25' on curves when R £ 1000' at railing & barrier loca- tion(s) 3/8" Horizontal & Verti- cal AC Dikes 0 RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Ver- tical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8" Horizontal & 1/4" Vertical Pavement Markers() I RP 200' on tangents, 50' on curves when R ³ 1000' & 25' on curves when R £ 1000'. For PCC surfaced ctrosts lane cold joints will suffice at pavement marker loca- tion(o) I 1/4" Horizontal 0 Staking for feature may be omitted when adjacent marker stakes reference the and the accuracy reauirements of the RP meet the reauirements for the feature offset and elevation of those features 4PV %4," Revised 6/15/17 Contract No. 6624 Page 60 of 118 O 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 O Perpendicular to centerline. ID Some features are not necessarily parallel to centerline but are referenced thereto e 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(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Stakin Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, center- line, alignments, etc. White/Red Vertical Control Bench marks White/Or- ange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. WhiteNellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. tu41 Revised 6/15/17 Contract No. 6624 Page 61 of 118 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters 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 instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection. Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors' performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor 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 rep- resentatives 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. —7- Revised 6/15/17 Contract No. 6624 Page 62 of 118 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 inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing 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 Con- tractor 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 in- volved, 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 con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered 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 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. tiO Revised 6/15/17 Contract No. 6624 Page 63 of 118 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. 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 cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.6 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation 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 cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. •‘, f Illr" Revised 6/15/17 Contract No. 6624 Page 64 of 118 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 com- pensation 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 equip- ment 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 Sec- tion 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" pub- lished by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inci- dentals. 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 Con- tractor 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 rec- ommended by the manufacturer. Revised 6/15/17 Contract No. 6624 Page 65 of 118 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d)Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e)Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials ... 15 3) Equipment Rental 15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1.Show names of workers, classifications, and hours worked. 2.Describe and list quantities of materials used. IW Aw. el- Revised 6/15/17 Contract No. 6624 Page 66 of 118 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 fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery 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 per- formed; and 3.Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance 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 hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves 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 condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. irk Revised 6/15/17 Contract No. 6624 Page 67 of 118 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1.Project Inspector 2.Construction Manager 3.Deputy City Engineer, Construction Management & Inspection 4.Public Works Director 5.City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. t at --T- Revised 6/15/17 Contract No. 6624 Page 68 of 118 All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A)A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B)Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C)Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i)The Department of Water Resources as to any project under the jurisdiction of that department. (ii)The Department of Transportation as to any project under the jurisdiction of that department. (iii)The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv)The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v)The Military Department as to any project under the jurisdiction of that department. (vi)The Department of General Services as to all other projects. (vii)The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and Revised 6/15/17 Contract No. 6624 Page 69 of 118 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B)The claimant shall furnish reasonable documentation to support the claim. (C)If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D)Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B)Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C)For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or b;..•ard assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D)Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E)This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. 61- Revised 6/15/17 Contract No. 6624 Page 70 of 118 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e)The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f)A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g)This section applies to contracts entered into on or after January 1, 2017. (h)Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.6 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the 4/W ,a0 Revised 6/15/17 Contract No. 6624 Page 71 of 118 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 specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2)If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is g reater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2)If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3)The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. t41-V MI- Revised 6/15/17 Contract No. 6624 Page 72 of 118 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2)Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3)In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted 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. t III- Revised 6/15/17 Contract No. 6624 Page 73 of 118 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 gener- ally 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 con- sidered 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 di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, 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 Spec- ifications. 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 Con- tractor 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 neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in afl sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewaterinn nri all elemPnts nprtaininn to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety test, Revised 6/15/17 Contract No. 6624 Page 74 of 118 regulations as may apply. Contractor shall furnish Engineer with such information as may be nec- essary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments 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 im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Revised 6/15/17 Contract No. 6624 Page 75 of 118 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 nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions 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 mate- rial, 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 durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning 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. fe0, Revised 6/15/17 Contract No. 6624 Page 76 of 118 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 Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure 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. Cal- ibration 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 Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and addi- tional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism accepta- ble 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 acknowl- edgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 cal- endar 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 engi- neers 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 11. %al , Revised 6/15/17 Contract No. 6624 Page 77 of 118 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 inves- tigation 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 pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engi- neer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. IPW fil40 Revi • sed 6/15/17 Contract No. 6624 Page 78 of 118 SECTION 5 — UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, 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 utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground 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. 6-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1.Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2.Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3.Provide other acceptable means to prevent embedment in or bonding to the concrete. ivy a-w s 41,Revised 6/15/17 Contract No. 6624 Page 79 of 118 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 pro- tection 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 proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions 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 be- fore 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 man- hole 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 latest editions and supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their posi- tion 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 prop- erty line, or between a meter and the limits of temporary construction or sIope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. 4PW aw. 01- Revised 6/15/17 Contract No. 6624 Page 80 of 118 Such temporary omission shall be for the Contractor's convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise 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 avail- able 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 Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably 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 iden- tified 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 altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. The Contractor shall 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. The Contractor shall notify the appropriate utility company a minimum of 48 hours in advance of excavating an undercrossing, overcrossing, or parallel installations where utility may be exposed. 411. ti14) Revised 6/15/17 Contract No. 6624 Page 81 of 118 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise 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 man- agement 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 precon- struction meeting. 6-1.2 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Base- line Construction Schedule shall include each item and element identified in this section and shall be on hard (paper) copy and electronic media. 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 schedule shall include, but is not limited to, submittal dates for working drawings and shop drawings, supporting information, critical path milestones, start and end dates for each bid item and the critical path to project com- pletion, 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 Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent 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 Engi- neer. Failure uf the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplementai pro- visions within ten (10) 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 as working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within ten (10) working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.2.1 through 6-1.2.2.3. 6-1.2.2.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Not!:'"t Proceed. 1:0 Revised 6/15/17 Contract No. 6624 Page 82 of 118 6-1.2.2.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to submitting any additional submittals to the City. 6-1.2.2.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correc- tions and changes. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be consid- ered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.2.3 Maintenance of Construction Schedule. The Contractor's schedule shall be updated on a weekly basis and presented at progress meetings per Section 6-2.3. The updated schedule shall display start/early finish dates for all bid items, percent completed for each work item, lag time, delays, and the number of working days exhausted at the time of progress meeting. 6-1.2.4 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to mobilization and no sep- arate payment will be made therefore. 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 defined by the requirements in this section, the Contractor shall diligently prosecute the Work to comple- tion. 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 Con- tractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said pur- poses, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and per the Project Specifications. 6-2.2 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 Rep- resentative shall be the individual determined under Section 7-6, "The Contractor's Representa- tive". 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 Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply Revised 6/15/17 Contract No. 6624 Page 83 of 118 immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. 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 Con- tractor 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. AIM tj..4 -r- Revised 6/15/17 Contract No. 6624 Page 84 of 118 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion 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 Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classi- fication of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 4P-S, t 01- Revised 6/15/17 Contract No. 6624 Page 85 of 118 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 Con- tract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within Thirty (RI working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1.Saturday, 2.Sunday, 3.any day designated as a holiday by the Agency, 4.any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 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 for each working day shall be between the hours of 8:00 A.M. and 4:00 P.M. Monday through Friday. 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 ben- eficial 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 work- ing 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 indi- cate 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 com- pleted 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 perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so 4". t MI- Revised 6/15/17 Contract No. 6624 Page 86 of 118 certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00). 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 five hun- dred dollars ($500.00) 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. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement 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 com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. (PS, Revised 6/15/17 Contract No. 6624 Page 87 of 118 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 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 un- dertake 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." •Se f.4, Revised 6/15/17 Contract No. 6624 Page 88 of 118 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' Com- pensation 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. 7-6 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor 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 compen- sation 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 per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 California State Parks Right of Entry Permit —A right of entry permit has been obtained from the California Department of Parks and Recreation and is included in Appendix C. The Con- tractor shall complete the work in accordance with the conditions provided in this permit. 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 pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. 41,1k 6 1- Revised 6/15/17 Contract No. 6624 Page 89 of 118 The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies during the relocation or construction of their facilities. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incom- plete. 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 imme- diately 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. Revised 6/15/17 Contract No. 6624 Page 90 of 118 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 Con- tractor 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 dis- cretion, 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 Con- tract 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 em- ployees 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, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste Dis- charge Requirements (VVDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the 4.1) ur- Revised 6/15/17 Contract No. 6624 Page 91 of 118 Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Ap- pendix B, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included in the contract lump sum price. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with Section 701. 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 resccded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public snali ce considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. V*" Revised 6/15/17 Contract No. 6624 Page 92 of 118 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. Ac- cess 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 cross- ings 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 com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. 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 com- pany, 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 park- ing 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 ve- hicular 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 af- fected 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. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance 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 com- pensation 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. te, Revised 6/15/17 Contract No. 6624 Page 93 of 118 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 five (5) days after unloading. All materials or equipment not installed or used within five (5) days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than five (5) days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the engineer. Excavated material, expect that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least five (5) working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1. The Engineer 760-602-2720 2. Carlsbad Fire Department Dispatch 760-931-2197 3. Carlsbad Police Department Dispatch 760-931-2197 4. Carlsbad Traffic Signals Maintenance (extension 2937) 760-438-2980 5. Carlsbad Traffic Signals Operations 760-602-2752 6. North County Transit District 760-967-2828 7. Waste Management 760-929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affocts 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 (latest version) and these provisions. If any component in the traffic control sys- tem 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, 41-‘' t.4: Revised 6/15/17 Contract No. 6624 Page 94 of 118 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 con- trol 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 mark- ing 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 Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor 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 re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equip- ment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than two (2) feet, nor operate equipment within five (5) feet from any traffic lane occupied by traffic. For equipment, the 5' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and remov- ing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 4,11, —7- Revised 6/15/17 Contract No. 6624 Page 95 of 118 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 (latest version) 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 nec- essary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 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 Cal- ifornia Manual on Uniform Traffic Control Devices (latest version) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pave- ment 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 pave- ment 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 mate- rial. 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 tem- porary 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 preparea and submitrea 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 1% 4 Revised 6/15/17 Contract No. 6624 Page 96 of 118 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 15-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the (latest version) published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the regis- tered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided or required by law. Revised 6/15/17 Contract No. 6624 Page 97 of 118 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering 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 con- tain 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 per- sonnel, 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 con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. Revised 6/15/17 Contract No. 6624 Page 98 of 118 (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel 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 infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the par- ties." 1 -S, Revised 6/15/17 Contract No. 6624 Page 99 of 118 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel are not required. I/Y test Revised 6/15/17 Contract No. 6624 Page 100 of 118 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 meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified plafform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate 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. Stand- ard 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 actual quantities of Contract items constructed in accord- ance 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 fa, Revised 6/15/17 Contract No. 6624 Page 101 of 118 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 precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation 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 appli- cable laws. At the expiration of 35 days from the date of acceptance of,the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit p! ices, completed cnange 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 os, si- Revised 6/15/17 Contract No. 6624 Page 102 of 118 the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engi- neer 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 pay- ment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining 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 liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute 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 corre- sponding 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 Esti- mate. 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 adjust- ments 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 —1- Revised 6/15/17 Contract No. 6624 Page 103 of 118 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 state- ment 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 Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, 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 con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed TEN PERCENT (10%) of the total bid and includes full compensation for furnish- ing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and inci- dental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be per- formed 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. 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. te4, Revised 6/15/17 Contract No. 6624 Page 104 of 118 2.Submittal of required materials, shop drawings, construction schedule(s), and weekly schedule updates. 3.Establishment of all offices, buildings, construction yards, staging areas, security fencing, privacy screening, sanitary facilities, and any other facilities necessary for work at all pro- ject locations. 4.Posting all OSHA required notices and establishment of safety programs. 5.The movement of personnel, materials, equipment, supplies, and incidentals to and from the project site. 6.Developing and installing construction water supply. 6. Notification of residents, businesses and agencies. 7.Utility Coordination and mark out. 8.Abiding by the conditions of the California Department of Parks and Recreation Right of Entry Permit provided in Appendix C. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 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 dis- covered 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 "Mobilization." 9-4 BID ITEM DESCRIPTIONS. 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 consid- ered as included in the Bid Items. Contractor must protect existing utilities, improvements, land- scaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item No. 1: Mobilization (Lump Sum) The Contractor shall mobilize per Section 9-3.4.1. Bid Item No. 2: Tier 2 SWPPP Preparation, Implementation and Maintenance (Lump Sum) The Contractor shall submit for approval, implement and maintain a Tier 2 SWPPP per Sections 7-8 and 300-12. Bid Item No. 3: Traffic Control Plan Preparation, Implementation and Maintenance (Lump Sum) The Contractor shall submit a Traffic Control Plan for approval, implement and maintain traffic control devices in accordance with Section 7-1 and Part 6 of the Specifications. Item shall incor- porate the access limits and conditions specified within the California Department of Parks and Recreation Right of Entry Permit included in Appendix C. The traffic control plan shall also identify proposed haul routes and delineate any portions of the parking lot at the southern end of Ocean Street proposed by the Contractor to be used as a staging area. t 4P7eOI Revised 6/15/17 Contract No. 6624 Page 105 of 118 Bid Item No. 4: Remove and Dispose Existing Energy Dissipater Structure (Lump Sum) This item constitutes payment for the removal and offsite disposal of the existing reinforced con- crete energy dissipater structure, constructed per San Diego Regional Standard Drawings, and the associated 18-inch reinforced concrete entrance pipe. Bid Item No. 5: Construct Energy Dissipater Structure (Lump Sum) This item constitutes payment for constructing an energy dissipater structure and the associated 18-inch reinforced concrete entrance pipe per the standard drawings provided in Appendix A and all modifications, notes and details shown on the plan. Special attention is brought to the integral concrete coloring of the structure per Section 303-7 of the general and supplemental provisions. Aw. sr' Revised 6/15/17 Contract No. 6624 Page 106 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class II Aggregate Base per Cal- trans Standard Specification, 2018, Section 26: Aggregate Bases, Subsection 26-1.02B Class II Aggregate Base and as specified herein. Add the following section: 200-2.2.4 Class II Aggregate Base. Aggregate for Class ll aggregate base shall be free from organic matter and other deleterious substances and shall be of such nature that it can be com- pacted readily under watering and rolling to form a firm, stable base. Aggregate may include ma- terial processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Sieve Sizes 2" 11/2" Operating Range 100 90-100 Operating Range — — 1" — 100 3/4" 50-85 90-100 No. 4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Dura- bility Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range"-but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, an- other day's work may not be started until tests, or other information, indicate to the satisfaction of art" 11141V Revised 6/15/17 Contract No. 6624 Page 107 of 118 the Engineer that the next material to be used in the work will comply with the requirements spec- ified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the En- gineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grad- ing and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 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) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Class Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (2) (560-C-3250) (1) Trench Backfill Slurry 115-E-3 200 (8") (190-E-400) Street Light Foundations and Survey Monu- 330-C-23 100 (4") ments (560-C-3250) Traffic Signal Foundations 350-C-27 100 (4") (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 per Table 300-11.3.1 (520-C-2500P) (1)Except that concrete required to be of higher 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. 201-1.2.1 Cement. Substitute the following: a) Portland Cement. Portland Cement shall be Type V Portland cement conforming to ASTM C150 and the optional requirements of ASTM C150, Table 2 for maximum equiv- alent alkalis (Na2O + 0.658K20) of 0.60 percent. 201-1.2.4 Chemical Admixtures. Substitute the following: (d) Air-Entraining Admixtures. The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 bercentaae points. The air content of freshly miYed concrete will be determined by California Test Method No. 504. Revised 6/15/17 Contract No. 6624 Page 108 of 118 SECTION 213 - ENGINEERING GEOSYNTHETICS 213-6 GEOTEXTILES AND GEOGRIDS Add the following section: 213-5.1 General. Geotextile types shall be used for the applications listed in Table 213-5.1. Table 213-5.1 GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 9OWS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (1/4 Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (1/4 Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing 9OWS Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS Add the following section: 213-5.2 Erosion Control Specialties. Storm water erosion control plans shall be prepared, im- plemented, and maintained by individuals with the respective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4. Add the following section: 213-5.3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50Ibs) of 19 mm (34") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 6/15/17 Contract No. 6624 Page 109 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of soil salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland miti- gation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuit- able soils at specific locations or elevations on the site. Add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.9 Payment. Substitute the following: Payment for all unclassified excavation shall be inci- dental to the bid item unit price requiring excavation to depth specified on the plan and/or standard drawing and no additional compensation will be allowed therefor. Add the following section: 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. Add the following section: 300-12 STORM WATER POLLUTION PREVENTION PLAN te, Revised 6/15/17 Contract No. 6624 Page 110 of 118 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution preven- tion work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, here- after referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the 2016 City of Carlsbad Engineering Standards Volume 4 "SWPPP Manual", "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Hand- book"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-12.2 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 of these Special Provisions. If revisions are required, as determined by the Engineer, the Con- tractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the 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 project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construc- tion site both during and after construction is completed 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; 4.Non-storm water management and waste management and disposal control practices. 5.Daily street sweeping Specific objectives and minimum requirements for each category of control measures are con- tained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibil- ities 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; ink tat Revised 6/15/17 Contract No. 6624 Page 111 of 118 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 quan- tities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised oper- ations. 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 Protec- tion Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and main- taining the control measures included in the SWPPP and any amendments thereto and for re- moving and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP imple- mentation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout 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 of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water manage- ment 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. 41. Revised 6/15/17 Contract No. 6624 Page 112 of 118 300-12.4 Maintenance. 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, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures 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 implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspec- tion 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 con- struction 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 Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 300-12.5 Payment. The contract lump sum price paid for the SWPPP work shall include full com- pensation for the design, submittal, obtaining approval, and amending the Tier 2 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. The most recent Tier 2 construction SWPPP Template is available on the City Website and an example is included in Appendix B. Partial payment shall be based on the percentage the total value of work completed. SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Con- tractor shall compact the upper 300 mm (6") of subgrade beneath areas to be paved, have base or subbase material placed on them (including pipelines), or curb, gutter, curb and gutter, alley pavement, driveway, sidewalk constructed over them, to no less than 95 percent maximum dry density as determined by ASTM test D-1557-12. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be incidental to 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 WS' t14: Revised 6/15/17 Contract No. 6624 Page 113 of 118 or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. 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 6" deep of 'A" gravel into soil to provide an adequate base for construction of concrete structure. 303-1.11 Measurement. Delete the subsection in its entirety and replace with the following: Con- crete structures will be measured for payment by each structure installed as specified in the bid schedule and in accordance to the plan and any referenced standard drawings. 303-1.12 Payment. Delete the subsection in its entirety and replace with the following: Payment for concrete structures will be made as set forth in the Bid Schedule. Payment shall include com- pensation for furnishing all labor, materials, tools, and equipment necessary to construct the con- crete structures complete in place. Items shall include submittal of PCC mix design for approval, structure excavation, subgrade and base preparation, furnishing PCC and casting-in-place, inte- gral concrete coloring admixture, steel reinforcement, forms, 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 therefor. 303-7 COLORED CONCRETE 303-7.1 General. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or ex- ceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architec- tural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with color matched to the concrete (see product infor- mation bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by the Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Admixture for all integral colored concrete shall be the following: Color: Davis Color No. 5447 - Mesa Bluff Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Davis Colors for color-conditioned concrete, or approved equal 3700 East Lily; npic biva. Los Angeles, CA 90023 1-323-269-7311 At. t 0T- Revised 6/15/17 Contract No. 6624 Page 114 of 118 Admixture products and procedures for installation shall be in strict accordance with the manu- facturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION Add the following: 306-3.1 General. When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall ex- cavate 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 nec- essary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-3.2 Removal of Surface Improvements. Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 401-2 of the Standard Specifi- cations and these Special Provisions and reconstructed in accordance with Section 404 of the Standard Specification and these Special Provisions. 306-12 BACKFILL. 306-12.3.2 Compaction Requirements. Delete Section 306-12.3.2 and replace with the follow- ing: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 915 mm (36") of the street right-of-way, compaction shall be 95 percent. 306-15 PAYMENT. 306-15.1 Basis of Payment for Open Trench Installation. This section is hereby deleted and replaced with the following: The price for removal and construction of the 18-inch reinforced concrete entrance pipe and the disconnection/connection from/to the existing storm drainpipe and energy dissipater are incidental to the energy dissipater structural removal and construction bid items. %the' Revised 6/15/17 Contract No. 6624 Page 115 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP). 601-2.2 Payment. Replace this section with the following: The Contract lump sum price paid for the traffic control system shall include full compensation for, but not limited to, design, submittal and approval of the traffic control plan, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control plans for the project, and inci- dentals, 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 channel- izers (surface mounted), temporary railing (Type K) markers, lights for illuminating the work site, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, these contract documents, 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 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 com- pleted. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES. 601-3.1 Gefieral. Add the following: The Contractor shall supply and install temporary traffic pave- ment 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. Add the following section: 601-3.4.1 General. Add the following 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 &rind working hours, within 2 hours of such discovery of marking. taw. —1- Revised 6/15/17 Contract No. 6624 Page 116 of 118 601-3.5 Signs and Signage 601-3.5.1 General. Add the following to the first paragraph: The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Modify the last paragraph as follows: Public notification signs of temporary no parking restriction shall be installed at least 72 hours before enforcement of the "No Park" zone. 601-3.5.2 Payment. Modify this section as follows: Payment for signs and signage is incidental to the temporary traffic control plan as specified in Section 601-2.2. ..11% TO41, Revised 6/15/17 Contract No. 6624 Page 117 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 8 LANDSCAPING AND IRRIGATION SECTION 801 INSTALLATION 801-1 GENERAL Add the following: The Contractor shall maintain all landscape and property surrounding the construction to the greatest extent possible. Any landscape, plants, walls, steps stones, or irrigation equipment disturbed by construction shall be restored to pre-construction condition. 16, Revised 6/15/17 Contract No. 6624 Page 118 of 118 APPENDIX A STANDARD DRAWINGS CONCRETE 560-C-3250 TYP. NEW OR EXISTING PIPE 90' / NEW OR , / ; EXISTING / / PIPE ' 90' TYP 1" #4 AT 12" 0.C. -ft]L/2 #4 AT 12"0.C. 3- # 4 CIRCULAR TIES NOTES: 1).A CONCRETE COLLAR IS REQUIRED WHERE THE CHANGE IN GRADE EXCEEDS 0.10 FT. PER FT. 2).WHERE PIPES OF DIFFERENT DIAMETERS ARE JOINED WITH A CONCRETE COLLAR, L AND T SHALL BE THOSE OF THE LARGER PIPE. D=D1 OR D2 WHICHEVER IS GREATER. 3).FOR PIPES LARGER THAN 66" A SPECIAL COLLAR DETAIL IS REQUIRED. 4).FOR PIPE SIZE NOT LISTED USE NEXT SIZE LARGER.. DL T 12" r-O" 4" 18" V-0" 5" 24" V-0" 6" 36" l'-6" 8" 48" V-6" 10" 57" V-6" 10" 60" V-9" 11" 66" i'-'9" 11" 5).OMIT REINFORCING ON PIPES 24" AND LESS IN DIAMETER AND ON ALL PIPES WHERE ANGLE A IS LESS THAN 10% 6).WHERE REINFORCING IS REQUIRED THE DIAMETER OF THE CIRCULAR TIES SHALL BE D+(2xWALL TFIICKNESS)+8". 7).WHEN D1 IS EQUAL TO OR LESS THAN 02, JOIN INVERTS AND WHEN D1 IS GREATER THAN D2 JOIN SOFFITS. 8), PIPE MAY BE CORRUGATED METAL PIPE, CONCRETE PIPE OR REINFORCED CONCRETE PIPE. CITY OF CARLSBAD CONCRETE PIPE COLLAR FOR PIPES 12" THROUGH 66" REV. DATE APPROVED -------- 6-04 CITY ENGINEER DATE SUPPLEMENTAL DS-5 STANDARD NO. (TYP) NOTCH 6" ROUNDED PIPE ENDS PER D-61 PIPE COLLAR (SEE NOTE 5) CONSTRUCTION JOINT NOTE: RIP-RAP NOT SHOWN. 2-#4 REBARS HORIZONTAL AND VERTICAL AROUND FENCE POST (TYP) PLAN SEE NOTE 7 2 x PIPE 0 4 x PIPE 0 1' PICTORIAL VIEW AGGREGATE CUTOFF WALL SECTION B-B CHANNEL INVERT co a TOP OF SLAB — MIN OF 6" - ABOVE CHANNEL INVERT 8" FILTER CLOTH INLET BOX 1: 5"— ELEVATION SHOWN ON PLAN MINIMUM THICKNESS FACING CLASS 18" UGHT CLASS 30" AGGREGATE SUBBASE BOTTOM AND SIDES 6" THICK FOR FACING CLASS 9" THICK FOR LIGHT CLASS SECTION A-A NOTES 1. DESIGN: EQUIVALENT FLUID PRESSURE (EARTH LOADING) = 60 PCF MAXIMUM OUTLET VELOCITY = 35 FPS 2. CONCRLIL SAHLL BE 560-C-3250. 3. REINFORCING SHALL CONFORM TO ASTM DESIGNATION A615 AND MAY BE GRADE 40 OR 60. REINFORCING SHALL BE PLACED TO HAVE 2" OF CONCRETE COVER UNLESS NOTED OTHERWISE. SPLICES SHALL NOT BE PERMITTED EXCEPT AS INDICATED ON THE PLANS. 4. FOR PIPE GRADES NOT EXCEEDING 20%, INLET BOX MAY BE OMITTED. 5. CONSTRUCT PIPE COLLAR AS SHOWN IF INLET BOX IS OMITTED. 6. UNLESS NOTED OTHERWISE, ALL REINFORCING BAR BENDS SHALL BE FABRICATED WITH STANDARD HOOKS. 7. EMBED FIVE FOOT HIGH CHAIN UNK FENCING POST 18" DEEP INTO WALLS AND ENCASE WITH CLASS B MORTAR 8. IN SANDY AND SILTY SOIL: A)RIP-RAP AND AGGREGATE BASE CUTOFF WALL REQUIRED AT THE END OF ROCK APRON. B)FILTER CLOTH (POLYFILTER X OR EQUIVALENT) SHALL BE INSTALLED ON NATIVE SOIL BASE, MINIMUM OF 1 FT OVERLAPS AT JOINTS. 9. RIP-RAP AND SUBBASE CLASSIFICATION SH.ALL BE SHOWN ON PLANS. SEE D-41B FOR DIMENSIONS. • Revision By Approved Date ORIGINAL Kercheval 12/75 Edited T. Stanton 02/09 Edited S.S. 1. Regello 03/11 Edited T.R. T. Regello 10/15 Edited M.W M. Widelski 10/18 RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 70/25/20723 Choir erson R.C.E. 19246 Dote SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE ENERGY DISSIPATER DRAWING D-41A NUMBER CONCRE I L ENERGY DISSIPATER DIMENSION TABLE (SEE D-41A FOR STRUCTURE DETAILS) PIPE 0 (IN) 18 24 30 36 42 48 54 60 72 AREA (SF) 1.77 3.14 38 4.91 7.07 9.62 12.57 15.90 19.63 28.27 MAX 0 (CFS) 21 59 85 115 151 191 236 339 W 5'-6° 6.-9° 8' 9'-3° 10'-6° 11'-9° 13' 14'-3° 16'-6° H 4'-3° 5-3° 6'-3° 7`-3° 8' 9' 9'-9° 10'-9° 12'-3° L 7'-4° 9' 10'-8° 12'-4° 14' 15'-8° 17'-4° 19' 22' a 3'-3° 3°-11° 4'-7° 5'-3° 6' 6'-9° 7`-4° 8' 9'-3° b 4'—l° 5-1° 6'-1° r-1. 8' 8'-11° 10' 11' 12'-9° c 2'-4° 2'-10° 3°-4° 3'-10° 4'-5° 4'-11° 5'-5" 5-11° 6'-11° d 0'-11° 1'-2° 1'-4° 1'-7° r-9° 2' 2'-2° 2'-5° 2'-9° e 0'-6° 0'-6° C-8° 0'-8° 0'-10° C-10° 1' 1' 1'-3° f 1'-6° 2' 2'-6° 3' 3' 3` 3' 3' 3' g 2'-1° 2'-6° 3' S-6° S-11° 4'-5° 4'-11° 5'-4° C-2° If 8° 10° 12° Tb 7° 9 1/2° 10 1/2° Tw 7° 9 1/2° 10 1/2° -in 7° Revision By Approved Drit. SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kercheval 12/75 Edited T Stanton 02/09 Ger, to/25/2om Edited S S T. Regello 03/11 CONCRETE ENERGY DISSIPATER Choi erson R.C.E. 19246 Date Edited T.R. T Regello 10/15 DRAWING D-41B NUMBER Edited M.W M. Widelski 10/18 SYMMETRICAL ABOUT CENTERLINE SEE SECTION D D 4—#4 3—#4 #4 © 8" #4 @ (NOTE 1) #4 g 7° (NOTE 2) #4 I— @ SYMMETRICAL ABOUT CENTERLINE SECTION A—A SECTION C—C #4—©7 (NOTE 1) 18" 2—#8 (FULL HT.) SEE END SILL ELEVATION NOTE 1 SYMMETRICAL ABOUT CENTERUNE —, I 3" CLR i- \ ' i 2" (NP) IPE OPENING 2—#5 1 EACH FACEI _J END SILL ELEVATION HEADWALL ELEVATION 4—#4 CLR 5©7 (NOTE 2) SEE /rsu --ir \,.? (NOTE 1) SECTION D—D NOTES 1.PLACE REINFORCING, AS NOTED, AT CENTER OF WALL (OR SLAB). 2.MATCH LOCATION OF REINFORCING WITH THAT IN HEADWALL, END SILL AND FOUNDATION SLAB. 3.ALL REINFORCING SHALL BE PLACED WITH 2" CONCRETE COVER, UNLESS NOTED OTHERWISE. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kercheval 12/75 Edited 02/09 T. Stanton T. Regello T. Regello M. Widelski CONCRETE ENERGY DISSIPATER [REINFORCEMENT] 18" TO 30" DIAMETER PIPE 70/25/2078 Choipee'rson R.C.E. 19246 Dote DRAWING D-42 NUMBER Edited 03/11 S.S. Edited T.R. 10/15 'Edited 10/18 MAY. APPENDIX D TIER2 SWPPP TEMPLATE STORM WA'11.11? POLLUTION PREVENTIONNCYIES TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN IER 2 SWPFP) SW - gra.5359 AmmcSIANITIO.APAHMTIM Ar!rams AURAL 91E MANACENIENTRAIASIOSTIS AMA SE API610 ro moorocur Korona. Of OE amowavo; 09.39 (AAN RAMA I9 CAW RERAACT NM 6143967993 COMP, FROM AT (19600) 2. AWES 9A411 AI PIZZA:MG RAW AWL h121 '1V PAO C MANIA 1719091 OKT01411. 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ASO NOLL SE-A CRAM RAC /1i- I, STAMM= CANSIALICTION IENIAA&ISE NS-A IMICIF AND ARIONENT CERAMIC MS-R. KWOCE SIXARIENT ARAM N.S-4 vmste 7314700147 IMOIRTIANEE 111,-/. NATURAL OLLIANT AAR STORAGE IIM-5 momeie use 111/-6 3951, HASTE NAVAREAVNT 410-5 SAINTANY/SAIMIC NASA MANAREMLNT AGRE701170 8.4SW MOVIE MOIR 011124 CITY OF CARLSBAD TAGIVEITNC TEPAOTANT CUT MOM UM MAWR PRISWITIDII PLAII (WM TIER 2 PROJECT i4..111, TITLE SHEET 1.1.91LCT 1.1 1,413755 505 ILDIF FRIPIRIA: 0414,/035114 Gi PRTAR9 S I AC111. 's AOMIAS 3PEET 2 ralr -OT—MILS'ClIA151 121ZINEGIIM DEPART/RM. II 2 0505130 ISa C1.0 0, - IMO - P10.1.6, Int TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) r APN 156-350-1 APN 156-351415- " AmEcrleamoARy ' 1\ naSTIVC MSC roe; --. ..% ., I ....1`4 i ':.'s,'• 1st i\ • ', \ I. A \ ''. \ • . ')..0 ki_ a ( V \ ' .i.:, \ ‘:t•\.... ‘ '.. I\ \ -:.1 i. \ -17 - ''''.4:1 .... I 5 li . % . ...,,,,-.-=.*-.... --.....••• ; ....S.... I ‘ • - '"0.3....... * ' \ ... .. .. .. PROJECT 80UNDARY \, 1/4. \ 351-07 \ i I I ) APN r • APN 1 APN I "^- • , ,,,, \ APN 156-351-04 APN 156-551-0.5 MOM Ma Imam. 101211110,1103( PIM omen TIER 2 P50 Cl EROSION CONTROL PLAN APPENDIX C STATE PARKS RIGHT OF ENTRY PERMIT Agency: Department of Parks and Recreation RIGHT OF ENTRY PERMIT Project: San Diego Coast District Carlsbad State Beach Right of Entry for Storm Drain Repairs This Right of Entry Permit (Permit) is made and entered into this December 23, 2020, between the State of California, acting by and through its Department of Parks and Recreation, hereinafter called State, and City of Carlsbad, a local government entity. hereinafter called Permittee; State and Permittee may hereinafter be referred to as a Party, or collectively the Parties. RECITALS •Whereas, the State owns, operates, and maintains the State Park known as Carlsbad State Beach, in the County of San Diego, State of California; and •Whereas, Permittee has applied to State for permission to access Carlsbad State Park for purposes of carrying out Permittee's Right of Entry for Storm Drain Repairs project (the Project); and •Whereas, the State desires to accommodate Permittee's application for permission to enter Carlsbad State Beach for purposes of the Project, as provided herein and as, and to the extent, such Project may be ultimately described, permitted, approved and conditioned by Permittee's environmental document entitled Right-of-Entry for Storm Drain Repairs at Carlsbad State Beach and dated 12/22/2020 the Environmental Document attached hereto as Exhibit "A" and herein incorporated by reference, and as may be conditioned by any other regulatory agency having jurisdiction, if applicable. TERMS AND CONDITIONS Now therefore, the State by this Permit hereby grants to the Permittee permission to enter upon State's property, conditioned upon the agreement of the Parties that this Permit does not create or vest in Permittee any interest in the real property herein described or depicted, that the Permit is revocable and non-transferable, and that the Permit is further subject to the following terms and conditions: Project Description: By this Permit, the State hereby grants to the Permittee permission to enter onto those lands depicted on Exhibit "B" (the Property), attached hereto and herein incorporated by this reference, solely for the purpose of repairing the storm drain by replacing the concrete energy dissipator and repairing the disjointed pipe leading into the dissipator, the limits of which are described in the Environmental Document. 2.Permit Subject to Laws and Regulatory Agency Permits: This Permit is expressly conditioned upon Permittee's obtaining any and all regulatory permits or approvals required by the relevant regulatory agencies for the Project and Permittee's use of the Property, and upon Permittee's compliance with all applicable municipal, state and federal laws, rules and regulations, including all State Park regulations. Permittee shah, at Permittee's sole cost and expense, comply with the Project Description, and requirements and mitigations contained in the Environmental Document. Prior to commencement of any work, Permittee shall obtain all such legally required permits or approvals and submit to the State full and complete copies of all permits and approvals, including documentation related to or referenced in such permits and approvals, along with the corresponding agency contact and telephone numbers, and related California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) documentation as applicable. 3.Term of Permit: This Permit shall only be for the period beginning on December 22, 2020 and ending on December 21, 2021 or as may be reasonably extended by written mutual agreement of the Parties. 4.Consideration: Pr.-..rnliciee agrees to repair 86ued criticai public infrastructure al id provide city engineering staff expertise in repairing the storm drain outfall as consideration for the rights granted by this Permit. 6. Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses, encumbrances and claims which may affect the Property. 1. 6.Waiver of Claims and Indemnity: Permittee waives all claims against State, its officers, agents and/or employees, for loss, injury, death or damage caused by, arising out of, or in any way connected with the condition or use of the Property, the issuance, exercise, use or implementation of this Permit, and/or the rights herein granted. Permittee further agrees to protect, save, hold harmless, indemnify and defend State, its officers, agents and/or employees from any and all loss, damage, claims, demands, costs and liability which may be suffered or incurred by State, its officers, agents and/or employees from any cause whatsoever, arising out of, or in any way connected with this Permit, exercise by Permittee of the rights herein granted, Permittee's use of the Property and/or the Project for which this Permit is granted, except those arising out of the sole active negligence or willful misconduct of State. Permittee will further cause such indemnification and waiver of claims in favor of State to be inserted in each contract that Permittee executes for the provision of services in connection with the Project for which this Permit is granted. 7.Contractors: Permittee shall incorporate the terms, conditions and requirements contained herein when contracting out all or any portion of the work permitted hereunder. Permittee shall be responsible for ensuring contractor/subcontractor compliance with the terms and conditions contained herein. Failure of Permittee's contractors to abide by State's terms and conditions shall constitute default by Permittee (see DEFAULT paragraph below) allowing State to terminate this Permit and seek all legal remedies. 8.Insurance Requirements: As a condition of this Permit and in connection with Permittee's indemnification and waiver of claims contained herein, Permittee shall maintain, and cause its contractors to maintain, a policy or policies of insurance as follows: General Provisions Applying to All Policies A.Coverage Term — Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract. B.Policy Cancellation or Termination & Notice of Non-Renewal — Contractor is responsible to notify the State within five business days before the effective date of any cancellation, non- renewal, or material change that affects required insurance coverage. In the event Contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract. C.Deductible — Contractor is responsible for any deductible or self-insured retention contained within their insurance program. D.Primary Clause — Any required insurance contained in this contract shall be primary, and not excess or contributory, to any other insurance carried by the State. E.Insurance Carrier Required Rating — All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Contractor is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. F.Endorsements — Any required endorsements requested by the State must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. G.Inadequate Insurance — Inadequate or lack of insurance does not negate the contractor obligations under the contract. H.Satisfying an SIR - All insurance required by this contract must allow the State to pay and/or act as the contractor's agent in satisfying any self-insured retention (SIR). The choice to pay and/or act as the contractor's agent in satisfying any SIR is at the State's discretion. I.Available Coverages/Limits - All coverage and limits available to the contractor shall also be available and applicable to the State. J.Subcontractors - In the case of Contractor utilization of subcontractors to complete the contracted scope of work, contractor shall include all subcontractors as insureds under Contractor and insurance or supply evidence of insurance to The State equal to policies, coverages and limits required of Contractor. Rev. 7/18/2017 2 of 7 COMMERCIAL GENERAL LIABILITY: Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, and liability assumed under an insured contract. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. The State of California, its officers, agents, and employees are to be covered as additional insureds with respect to liability arising out of work or operations. AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. The State of California, its officers, agents, and employees are to be covered as additional insureds with respect to liability arising out of work or operations. WORKERS COMPENSATION AND EMPLOYERS LIABILITY: Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the State of California. 9.Reservation of Rights: State reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with Permittee's rights herein. 10.Access Limits and Conditions: Access to the Property shall be limited to the access designated by State and as depicted or described on Exhibit "B". •Schedule a pre-construction meeting with State Parks staff to discuss access and to coordinate with Lifeguard Service. •No heavy equipment shall be moved or operated on State Park property without a flag crew. •Permittee will make every attempt to outline the "construction" zone for visitors. This may include signage, flags, cones, or other identifiable markers around those areas where heavy equipment may be in use or will be used. •State Beach lands will be left, at conclusion of the project, in appearance equal to or better than before the project commenced. •Work to be conducted weekdays from 8:00AM to 4:00PM. No work shall take place on weekends or holidays. •Photograph the Project prior to start and once completed. Submit before and after photos to Cindy.krimmel@parks.ca.gov as a condition of the PEF. 11. Notice of Work: Any required notices to State shall be sent to the State authorities in charge of Carlsbad State Beach State Park named below. At least forty-eight (48) hours prior to any entry upon the Property for any of the purposes hereinabove set forth, Permittee shall provide the State contact[s] named below with written notice of Permittee's intent to enter the Property. Permittee shall also notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any change in the Project schedule or cessation or completion of work. Should State personnel need to contact Permittee, State shall notify Permittee's contact person listed below: STATE: Contact: Sean Homer, Lifeguard Chief District: San Diego Coast Address: 2680 Carlsbad Blvd. Carlsbad, CA 92008 Telephone: (760) 271-7560 Email: Sean.Homer@parks.ca.gov PERMITTEE'S CONTACT: Contact: Daniel Zimny Associate Engineer Address: 1635 Faraday Ave. Carlsbad, CA 92008-7314 Telephone: (760) 331-7399 Email: Daniel.Zimny@carlsbadca.gov 12.Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms and conditions of any regulatory agency permit or approval. Under no circumstances, whether or not authorized by any regulatory agency, other permit or any person or entity other than State, shall work exceed that which is authorized by this Permit. 13.Public Safety: Permittee shall erect orange plastic temporary construction fencing and appropriate signage prior to commencement of work to prevent public access to the construction zone. Permittee shall remove such fencing within two (2) days after the completion of work. Permittee shall take, and shall cause its contractors or subcontractors to take, any and all Rev. 7/18/2017 3 of 7 necessary and reasonable steps to protect the public from harm in connection with the Project or implementation of this Permit. 14.Compliance with Project Requirements, Monitoring and Mitigation Measures (if applicable): Resource monitoring and mitigation measures identified by the PEF/CEQA document (attached) shall be completed in accordance with and to the satisfaction of the District Superintendent or designee. Permittee's activities conducted under this Permit shall comply with all State and Federal environmental laws, including, but not limited to, the Endangered Species Act, CEQA, and Section 5024 of the Public Resources Code. Any of Permittee's archaeological consultants working within the boundaries of the Property shall obtain a permit from the California State Parks Archaeology, History & Museums Division prior to commencing any archaeological or cultural investigations of the Property. Permittee shall immediately advise State's contact person if any new site conditions are found during the course of permitted work. State will advise Permittee if any new historical resources (including archaeological sites), special status species, threatened/endangered species protocols, or other resource issues are identified within the Project site. Permittee shall abide by District Superintendent or designee's instructions to protect the resource(s) during the permitted work or risk revocation of the Permit. Permittee shall make all excavation activities on the Property available to the State Archaeologist for observation and monitoring. During excavation, the State archaeological monitor may observe and report to the State on all excavation activities. State archaeological monitor shall be empowered to stop any construction activities as necessary to protect significant cultural resources from being disturbed. In the event that previously unknown cultural resources, including, but not limited to, dark soil containing shell, bone, flaked stone, groundstone, or deposits of historic trash are encountered during Project construction by anyone, work will be suspended at that specific location, and the Permittee's work will be redirected to other tasks, until after a State-qualified archaeologist has evaluated the find and implemented appropriate treatment measures and disposition of artifacts, as appropriate, in compliance with all applicable laws and department resource directives. If human remains are discovered during the Project, work will be immediately suspended at that specific location and the District Superintendent or designee shall be notified by Permittee. The specific protocol, guidelines and channels of communication outlined by the California Native American Heritage Commission (NAHC), and/or contained in Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.9 et seq., will be followed. Those statutes will guide the potential Native American involvement in the event of discovery of human remains. Permittee shall provide a written work schedule to State so that the State archaeological monitor can arrange to be on site on the necessary days. Permittee shall provide reasonable advance notice of and invite the District Superintendent or designee to any preconstruction meetings with the prime contractor or subcontractors. 15.Restoration of Property: Permittee shall complete the restoration, repair, and revegetation of the Property in consultation with, and to the satisfaction of, the State Environmental Scientist within one (1) year after completion of the Project or the expiration or termination of this Permit, whichever comes first. This obligation shall survive the expiration or termination of this Permit. 16.Performance Bond: If required by State in order to ensure that Permittee performs and completes its obligations in accordance with the terms of the Permit, Permittee shall obtain a Performance Bond in the amount of from a surety duly licensed in the State of California. Permittee shall provide State with a copy of such insurance bond. 17.Right to Halt Work: The State reserves the right to halt work and demand mitigation measures at any time, with or without prior notice to Permittee, in the event the State determines that any provision contained herein has been violated, or in the event that cessation of work is necessary to prevent, avoid, mitigate or remediate any threat to the health and safety of the public or state park personnel, or to the natural or cultural resources of the state park. 18.Use Restrictions: The use of the Property by Permittee, including its guests, invitees, employees, contractors and agents, shall be restricted to the daytime hours between sunrise and sunset on a day-by-day basis, unless otherwise approved in advance in writing by State. No person shall use or occupy the Property overnight. Rev. 7/18/2017 4 of 7 Activities on the Property shall be conducted only in a manner which will not interfere with the orderly operation of the state park. Permittee shall not engage in any disorderly conduct and shall not maintain, possess, store or allow any contraband on the Property. Contraband includes, but is not limited to: any illegal alcoholic beverages, drugs, firearms, explosives and weapons. Roads and trails where motorized vehicles are normally prohibited may be used for vehicle access by Permittee, its employees, agents or contractors for patrol, maintenance or repair purposes only, and only to the extent specified by State, and shall be otherwise subject to all other conditions and/or restrictions of this Permit and any applicable laws, state park regulations and state park policies. Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose other than as set forth in this Permit, without the prior written consent of the State. 19. State's Right to Enter: At all times during the term of this Permit and any extension thereof, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives, invitees or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Property to survey, inspect, or perform any other lawful State purposes. Permittee shall not interfere with State's right to enter. 20. Protection of Property: Permittee shall protect the Property, including all improvements and all natural and cultural features thereon, at all times at Permittee's sole cost and expense, and Permittee shall strictly adhere to the following restrictions: (a)Permittee shall not place or dump garbage, trash or refuse anywhere upon or within the Property, except in self-contained trash receptacles that are maintained to State's satisfaction by Permittee. (b)Permittee shall not commit or create, or suffer to be committed or created, any waste, hazardous condition or nuisance in, on, under, above or adjacent to the Property. (c)Permittee shall not cut, prune or remove any vegetation upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. (d)Permittee shall not disturb, move or remove any rocks or boulders upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. (e)Permittee shall not grade or regrade, or alter in any way, the ground surface of the Property, except as herein permitted, or subsequently approved in writing by the District Superintendent. (f)Permittee shall not bait, poison, trap, hunt, pursue, catch, kill or engage in any other activity which results in the taking, maiming or injury of wildlife upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. Permittee shall not use, of eate, store, possess or dispose of hazardous substances (as defined in the California Hazardous Substances Act) on the Property except as herein permitted, or subsequently approved in writing by the District Superintendent. (h) Permittee shall exercise due diligence to protect the Property against damage or destruction by fire, vandalism and any other causes. 21. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth in this Permit, State may at any time thereafter, without limiting State in the exercise of any right of remedy at law or in equity which State may have by reason of such default or breach: (a)Maintain this Permit in full force and effect and recover the consideration, if any, and other monetary charges as they become due, without terminating Permittee's right to use of the Pi upei iy, LiftSS LA WI th ler Permittee has abandoned e Property; or - (b)Immediately terminate this Permit upon giving written notice to Permittee, whereupon Permittee shall immediately surrender possession of the Property to State and remove all of Permittee's equipment and other personal property from the Property. In such event, State Rev. 7/18/2017 5 of 7 (g) shall be entitled to recover from Permittee all damages incurred or suffered by State by reason of Permittee's default, including, but not limited to, the following: (i)any amount necessary to compensate State for all the detriment proximately caused by Permittee's failure to perform its obligations under this Permit, including, but not limited to, compensation for the cost of restoration, repair and revegetation of the Property, which shall be done at State's sole discretion and compensation for the detriment which in the ordinary course of events would be likely to result from the default; plus (ii)at State's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law. 22.State's Right to Cure Permittee's Default: At any time after Permittee is in default or in material breach of this Permit, State may, but shall not be required to, cure such default or breach at Permittee's cost. If State at any time, by reason of such default or breach, pays any sum or does any act that requires the payment of any sum, the sum paid by State shall be due immediately from Permittee to State at the time the sum is paid. The sum due from Permittee to State shall bear the maximum interest allowed by California law from the date the sum was paid by State until the date on which Permittee reimburses State. 23.Revocation of Permit: The State shall have the absolute right to revoke this Permit for any reason upon ten (10) days written notice to Permittee. Written notice to Permittee may be accomplished by electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on the date of the electronic or facsimile transmission, or, if sent by mail, on the date of delivery. If Permittee is in breach of the Permit or owes money to the State pursuant to this Permit, any prepaid monies paid by Permittee to State shall be held and applied by the State as an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's exercise of its legal and equitable remedies. 24.Recovery of Legal Fees: In any action brought to enforce or interpret any provisions of this Permit or to restrain the breach of any agreement contained herein, or for the recovery of possession of the Property, or to protect any rights given to the State against Permittee, and in any actions or proceedings under Title 11 of the United States Code, if the State shall prevail in such action on trial or appeal, the Permittee shall pay to the State such amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action. 25.Voluntary Execution and Independence of Counsel: By their respective signatures below, each Party hereto affirms that they have read and understood this Permit and have received independent counsel and advice from their attorneys with respect to the advisability of executing this Permit. 26.Reliance on Investigations: Permittee declares that it has made such investigation of the facts pertaining to this Permit, the Property and all the matters pertaining thereto as it deems necessary, and on that basis accepts the terms and conditions contained in this Permit. Permittee acknowledges that State has made, and makes, no representations or warranties as to the condition of the Property, and Permittee expressly agrees to accept the Property in its as-is condition for use as herein permitted. 27.Entire Agreement: The Parties further declare and represent that no inducement, promise or agreement not herein expressed has been made to them and this Permit contains the entire agreement of the Parties, and that the terms of this agreement are contractual and not a mere recital. 28.Warranty of Authority: The undersigned represents that they have the authority to, and do, bind the person or entity on whose behalf and for whom they are signing this Permit and the attendant documents provided for herein, and this Permit and said additional documents are, accordingly, binding on said person or entity. 29.Assignment: This Permit shall not be assigned, mortgaged, hypothecated, or transferred by Permittee, whether voluntarily or involuntarily or by operation of law, nor shall Permittee let, sublet or grant any license or permit with respect to the use and occupancy of the Property or any portion thereof, without the prior written consent of State. 30.Choice of Law: This Permit will be governed and construed by the laws of the State of California. Rev. 7/18/2017 6 of 7 STATE OF CALIFORNIA Department of Parks and Recreation CITY OF CARLSBAD By: c(t/V\1 - MmitA/.. By: 1 fT Name: Matti-fall' Title: City Mayor Address: 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone: (760) 434-2820 Nam -!---Gina Moran Title: District Superintendent San Diego Coast District Rev. 7/18/2017 7 of 7 Exhibit A Right-of-Entry for Storm Drain Repairs at Carlsbad State Beach Notice of Exemption (SCH #2020120431) December 22, 2020 DocuSign Envelope ID: 43A523B9-58BD-4CFF-BE6C-FA6BFB617E24 SCH# Date Filed: District Project # ER # State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION NOTICE OF EXEMPTION TO: Office of Planning and Research FROM: Department of Parks and Recreation 1400 Tenth Street 1416 Ninth Street Sacramento, CA 95814 P.O. Box 942896 Sacramento, CA 94296-0001 PROJECT TITLE: Storm Drain Repairs at Carlsbad State Beach (20/21-SD-06) LOCATION: Carlsbad State Beach COUNTY: San Diego DESCRIPTION OF THE NATURE AND PURPOSE OF PROJECT: Issuance of a right-of-entry permit for the City of Carlsbad to replace a concrete energy dissipater at the end of the storm drain line on Carlsbad State Beach. They will repair the disjointed pipe leading into the dissipater and remove the non-native vegetation around the facility, to protect park resources. Measures to be implemented to avoid impact may be obtained by submitting a request to the project Environmental Coordinator listed below. PUBLIC AGENCY APPROVING THE PROJECT: California Department of Parks and Recreation NAME OF DIVISION OR DISTRICT CARRYING OUT THE PROJECT: San Diego Coast District EXEMPT STATUS: El Declared Emergency (Section 15269(a)) El Emergency Project (Section 15269(b) and (c)) 0 Statutory Exemption (Section Eg Categorical Exemption Class: 1, 5 Section: 15301, 15305 REASONS WHY PROJECT IS EXEMPT: No potential for significant impact to the environment is anticipated in compliance with CEQA §15300.4. lf the project is implemented as indicated within the CDPR Project Evaluation Form, then it is exempt under CEQA §15301—Existing Facilities and §1 5305 - Minor Alterations in Land Use Limitations. The action fails under the Departmental List of Exempt activities according to CEQA §15300.4 as: •"Utility repairs or minor upgrades" (Class 1, Section 15301) and •"Issuance of temporary use permits" (Class 5, Section 15305). CONTACT: Cindy Krimmel PHONE NO.: (619) 278-3771 District Environmental Coordinator EMAIL: cindy.krimmel@parks.ca.gov San Diego Coast District Docalgned by: CAt'.4... /1 10.-1..4.41. 12/21/2020 •--.2.A450BBA1 D4E423 . Gina Moran Date San Diego Coast District Superintendent DPR 508 (Rev. 4/2003)(Word 2/11/2005) NORTH Exhibit B. Limit of Work Carlsbad State Beach Feet 100 200 50 Storm Drain Park Boundary Limit of Work Ingress and Egress Source: Esri, DigitaIdb, Geo,Eye, Earthst# Geographies, I:I i1DS, USDA, USGS, AeroGRID:, IGN,Tzd the GIS User CommunitY 1=1