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Burtech Pipeline Inc; 2022-09-06; PWS22-1844UTIL
Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 5 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 5 PROJECT: 3904-C, PWS22-1844UTIL, Downtown and Terramar Small Diameter Water Main Replacement CONTRACT NO. 3904-C P.O. NO. P141639 ACCOUNT NO. 5057000.9060/39041.9066 CONTRACTOR: Burtech Pipeline, Incorporated ADDRESS: 1325 Pipeline Drive Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the CMWD and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Move one 8” gate valve on Juniper Ave. and one 8” gate valve on Hemlock Ave. per Design Change No. 2. Increase the contract duration by 0 calendar days. Increase to contract cost…………..…………………………………..…………..….$0.00 Item 2: Additional labor, material and equipment to modify the alignment of the pipeline segment in Hemlock Ave. per Design Change No. 8. Increase the contract duration by 2 calendar days. Increase to contract cost…………..…………………………………..……….$20,499.54 Item 3: Credit for labor, material and equipment for thrust blocks that were not required and not poured on the Tierra Del Oro alignment. Increase the contract duration by 0 calendar days. Decrease to contract cost…………..…………………………………..…….($10,194.67) DocuSign Envelope ID: DB5A8946-ADCC-4FC9-978B-735417FF3EB1 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 5 Item 4: Delete Bid Item No. D-8, Furnish & Install 8” Gate Valve. Increase the contract duration by 0 calendar days. Decrease to contract cost…………..………………………………....……….($2,700.00) Item 5: Credit for material and equipment to change the water service connections on Tierra Del Oro from 2” water services to 1” water services. Increase the contract duration by 0 calendar days. Decrease to contract cost…………..…………………………………..…....($17,198.57) Item 6: Additional labor, material and equipment to install a retaining wall around a new hydrant on Tierra Del Oro. Increase the contract duration by 0 calendar days. Increase to contract cost…………..…………………………………….……….$4,224.27 TOTAL DECREASE TO CONTRACT COST………………….………………...……($5,369.43) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 2 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS MARCH 14, 2024. DocuSign Envelope ID: DB5A8946-ADCC-4FC9-978B-735417FF3EB1 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 5 RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: DB5A8946-ADCC-4FC9-978B-735417FF3EB1 8/7/20238/7/2023 8/7/2023 8/8/2023 8/8/2023 8/8/2023 8/15/2023 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 4 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 4 PROJECT: 3904-C, PWS22-1844UTIL, Downtown and Terramar Small Diameter Water Main Replacement CONTRACT NO. 3904-C P.O. NO. P141639 ACCOUNT NO. 5057000.9060/39041.9066 CONTRACTOR: Burtech Pipeline, Incorporated ADDRESS: 1325 Pipeline Drive Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the CMWD and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Additional labor, material and equipment to modify the alignment of the pipeline segment in Garfield St. per Design Change No. 7. Increase the contract duration by 6 calendar days. Increase to contract cost…………..…………………………………..……….$14,262.82 TOTAL INCREASE TO CONTRACT COST…………………….………………...……$14,262.82 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 6 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS MARCH 12, 2024. DocuSign Envelope ID: 39B551DE-0C7B-4BC6-83D9-F25A567AD7C5 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 4 RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: 39B551DE-0C7B-4BC6-83D9-F25A567AD7C5 6/21/20236/21/2023 6/23/2023 6/23/2023 6/26/2023 6/27/2023 6/27/2023 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 3 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 3 PROJECT: 3904-C, PWS22-1844UTIL, Downtown and Terramar Small Diameter Water Main Replacement CONTRACT NO. 3904-C P.O. NO. P141639 ACCOUNT NO. 5057000.9060/39041.9066 CONTRACTOR: Burtech Pipeline, Incorporated ADDRESS: 1325 Pipeline Drive Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the CMWD and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Additional labor, material and equipment to modify the alignment of the pipeline segment in Shore Dr. per Design Change No. 4. Increase the contract duration by 3 calendar days. Increase to contract cost…………..…………………………………..……….$29,258.85 Item 2: Additional labor, material and equipment to modify the alignment of the pipeline segment in the State St. alley per Design Change No. 6. Increase the contract duration by 2 calendar days. Increase to contract cost…………..…………………………………..……….$23,845.44 TOTAL INCREASE TO CONTRACT COST…………………….………………...……$53,104.29 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 5 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS MARCH 6, 2024. DocuSign Envelope ID: F2CBD76D-3C2C-426A-9998-4B1A88B9053C Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 3 RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: F2CBD76D-3C2C-426A-9998-4B1A88B9053C 5/17/20235/17/2023 5/18/2023 5/18/2023 5/18/2023 5/18/2023 6/1/2023 'VI~ ·1 -1:('VI!} lJ~tvrf'"f) -H<n s ~ Q<I 1J'W:A9 W ?~- ~ ?!'71~½WQ bro~v ,,~n Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 2 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 2 PROJECT: 3904-C, PWS22-1844UTIL, Downtown and Terramar Small Diameter Water Main Replacement CONTRACT NO. 3904-C P.O. NO. P141639 ACCOUNT NO. 5057000.9060/39041.9066 CONTRACTOR: Burtech Pipeline, Incorporated ADDRESS: 1325 Pipeline Drive Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the CMWD and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Additional labor, material and equipment to modify the alignment of the pipeline segment in Juniper Ave. per Design Change No. 5. Increase the contract duration by 2 calendar days. Increase to contract cost…………..…………………………………..……….$15,452.63 TOTAL INCREASE TO CONTRACT COST…………………….………………...……$15,452.63 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 2 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS MARCH 1, 2024. DocuSign Envelope ID: 889401B7-D8BA-46FA-92A3-8E85DD654AAF Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 2 RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: 889401B7-D8BA-46FA-92A3-8E85DD654AAF 5/8/20235/8/2023 5/9/2023 5/9/2023 5/10/2023 5/10/2023 5/16/2023 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 1 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 1 PROJECT: 3904-C, PWS22-1844UTIL, Downtown and Terramar Small Diameter Water Main Replacement CONTRACT NO. 3904-C P.O. NO. P141639 ACCOUNT NO. 5057000.9060/39041.9066 CONTRACTOR: Burtech Pipeline, Incorporated ADDRESS: 1325 Pipeline Drive Vista, CA 92081 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the CMWD and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Additional labor, material and equipment to modify the alignment of the 8” water main in Tierra Del Oro between Sta. 20+00 and Sta. 21+18.72 per Design Change No. 1. Increase the contract duration by 0 calendar days. Increase to contract cost…………..…………………………………..…………$2,282.00 Item 2: Additional labor, material and equipment to redesign the segment of pipeline in Tierra Del Oro per Design Change No. 3. Increase the contract duration by 13 calendar days. Increase to contract cost…………..…………………………………..……….$96,904.44 Item 3: Additional labor and equipment to remove, dispose and cap the existing abandoned steel water line in Shore Dr. between Sta. 12+75 to Sta. 19+75. Increase the contract duration by 0 calendar days. Increase to contract cost…………..…………………………………..……..….$3,488.41 DocuSign Envelope ID: B4E56CF8-9BB1-4BB9-A826-90D05C199706 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 1 Item 4: Increase the number of calendar days by four (4) due to inclement weather delays affecting work activities on 2/13/23, 2/24/23, 3/1/23 and 3/15/23. Increase the number of calendar days by 4. Increase to contract cost……….…………………………………..………..…..…..$0.00 TOTAL INCREASE TO CONTRACT COST…………………….……………………$102,674.85 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 17 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS FEB. 28, 2024. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR DocuSign Envelope ID: B4E56CF8-9BB1-4BB9-A826-90D05C199706 4/6/2023 4/6/2023 4/6/2023 4/7/2023 4/7/2023 4/10/2023 DocuSign Envelope ID: B4E56CF8-9BB1-4BB9-A826-90D05C199706 DocuSign Envelope ID: B4E56CF8-98B1-4B89-A826-90D05C199706 Project 3904-C, Downtown and Terramar Small Diameter Water Main Replacement Change Order No. 1 Item 4: Increase the number of calendar days by four (4) due to inclement weather delays affecting work activities on 2/13/23, 2/24/23, 3/1/23 and 3/15/23. Increase the number of calendar days by 4. Increase to contract cost. ....................................................................... $0.00 TOTAL INCREASE TO CONTRACT COST ................................................. $102,674.85 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 17 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. THE REVISED CONTRACT COMPLETION DATE IS FEB. 28, 2024. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) DEPUTY CITY MANAGER, PW (DATE) EXECUTIVE MANAGER (DATE) APPROVED AS TO FORM: CITY ATTORNEY (DATE) DISTRIBUTION: RECORDS MANAGEMENT (ORIGINAL), PURCHASING CONTRACTOR Revised 6/12/18 Contract No. 3904-C Page 1 of 158 CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C BID NO. PWS22-1844UTIL Signed: 05/26/2022 -Bidding Revised 6/12/18 Contract No. 3904-C Page 2 of 158 TABLE OF CONTENTS Item Page Notice Inviting Bids ..................................................................................................................... 6 Contractor's Proposal ................................................................................................................ 13 Bid Security Form ..................................................................................................................... 25 Bidder’s Bond to Accompany Proposal ..................................................................................... 26 Guide for Completing the “Designation of Subcontractors” Form .............................................. 27 Designation of Subcontractor and Amount of Subcontractor’s Bid Items .................................. 29 Bidder's Statement of Technical Ability and Experience ............................................................ 30 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ........................................................................................ 31 Bidder’s Statement Re Debarment ............................................................................................ 32 Bidder's Disclosure of Discipline Record …………………………………………… ...................... 33 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................. 35 Contract Public Works ............................................................................................................... 36 Labor and Materials Bond ......................................................................................................... 43 Faithful Performance/Warranty Bond ........................................................................................ 45 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ....................................... 47 Revised 6/12/18 Contract No. 3904-C Page 3 of 158 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ..................................................... 50 1-2 Definitions .................................................... ..................................................... 50 1-3 Abbreviations ............................................... ..................................................... 56 1-4 Units of Measure .......................................... ..................................................... 59 1-5 Symbols ....................................................... ..................................................... 60 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ..................................................... 61 2-2 Assignment .................................................. ..................................................... 61 2-3 Subcontracts ................................................ ..................................................... 61 2-4 Contract Bonds ............................................ ..................................................... 62 2-5 Plans and Specifications .............................. ..................................................... 63 2-6 Work to be Done .......................................... ..................................................... 68 2-7 Subsurface Data .......................................... ..................................................... 68 2-8 Right-of-Way ................................................ ..................................................... 68 2-9 Surveying ..................................................... ..................................................... 68 2-10 Authority of Board and Engineer .................. ..................................................... 69 2-11 Inspection .................................................... ..................................................... 70 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ..................................................... 71 3-2 Changes Initiated by the Agency .................. ..................................................... 71 3-3 Extra Work ................................................... ..................................................... 72 3-4 Changed Conditions .................................... ..................................................... 75 3-5 Disputed Work ............................................. ..................................................... 76 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ..................................................... 82 4-2 Materials Transportation, Handling and Storage ................................................ 86 Section 5 Utilities 5-1 Location ....................................................... ..................................................... 87 5-2 Protection .................................................... ..................................................... 87 5-3 Removal ...................................................... ..................................................... 88 5-4 Relocation .................................................... ..................................................... 88 5-5 Delays .......................................................... ..................................................... 89 5-6 Cooperation ................................................. ..................................................... 90 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ........................................ 91 6-2 Prosecution of Work ..................................... ..................................................... 93 6-3 Suspension of Work ..................................... ..................................................... 98 6-4 Default by Contractor ................................... ..................................................... 98 6-5 Termination of Contract................................ ..................................................... 99 6-6 Delays and Extensions of Time .................... ..................................................... 99 6-7 Time of Completion ...................................... ................................................... 100 6-8 Completion, Acceptance, and Warranty ....... ................................................... 101 6-9 Liquidated Damages .................................... ................................................... 103 Revised 6/12/18 Contract No. 3904-C Page 4 of 158 6-10 Use of Improvement During Construction .... ................................................... 103 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ................................................... 104 7-2 Labor ........................................................... ................................................... 104 7-3 Liability Insurance ........................................ ................................................... 104 7-4 Workers' Compensation Insurance .............. ................................................... 104 7-5 Permits ........................................................ ................................................... 105 7-6 The Contractor’s Representative .................. ................................................... 105 7-7 Cooperation and Collateral Work ................. ................................................... 106 7-8 Project Site Maintenance ............................. ................................................... 107 7-9 Protection and Restoration of Existing Improvements ...................................... 109 7-10 Public Convenience and Safety ................... ................................................... 110 7-11 Patent Fees or Royalties .............................. ................................................... 117 7-12 Advertising ................................................... ................................................... 117 7-13 Laws to be Observed ................................... ................................................... 117 7-14 Antitrust Claims ............................................ ................................................... 117 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ ................................................... 119 8-2 Field Office Facilities .................................... ................................................... 119 8-3 Field Laboratories ........................................ ................................................... 121 8-4 Bathhouse Facilities ..................................... ................................................... 121 8-5 Removal of Facilities .................................... ................................................... 121 8-6 Basis of Payment ......................................... ................................................... 121 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................... 123 9-2 Lump Sum Work .......................................... ................................................... 123 9-3 Payment ...................................................... ................................................... 123 9-4 Bid Items ...................................................... ................................................... 127 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ............................. ................................................... 133 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... ................................................... 134 201-3 Expansion Joint Filler and Joint Sealants ..... ................................................... 135 Section 203 Bituminous Materials 203-6 Asphalt Concrete ......................................... ................................................... 136 Section 213 Engineering Fabrics 213-5 Geotextiles and Geogrids ............................. ................................................... 137 Section 214 Pavement Markers 214-4 Paint for Striping and Markings .................... ................................................... 138 214-6 Pavement Markers ....................................... ................................................... 138 Revised 6/12/18 Contract No. 3904-C Page 5 of 158 Part 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation ................................................................................... 140 300-12 Rock Slope Protection Fabric ........................................................................... 140 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ...................................................................................... 143 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ............................................................................ 143 302-15 Public Convenience and Traffic Control ........................................................... 144 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures ......................................................................................... 145 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ....................................................................... 146 Section 306 Underground Conduit Construction 306-3 Open Trench Operations .................................................................................. 147 306-12 Backfill ............................................................................................................. 147 306-13 Trench Resurfacing .......................................................................................... 147 306-15 Open Trench Installation .................................................................................. 148 Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-4 Application of Traffic Striping and Curb and Pavement Markings ..................... 148 314-5 Measurement and Payment ............................................................................. 150 Part 4 Existing Improvements Section 400 Protection and Restoration 400-1 General ............................................................................................................ 151 400-2 Permanent Survey Markers ............................................................................. 151 400-3 Payment .......................................................................................................... 151 Section 401 Removal 401-3 Concrete and Masonry Improvements ............................................................. 151 Part 6 Temporary Traffic Control Section 601 Temporary Traffic Control for Construction and Maintenance Work Zones 601-1 General ............................................................................................................ 153 601-3 Temporary Traffic Control (TTC) Zone Devices ............................................... 153 601-4 Temporary Traffic Striping abd Pavement Markings ......................................... 157 APPENDICES Appendix A Door Hanger Template Appendix B SWPPP Template Appendix C Utility Shutdown/Connection Request - E-28 Revised 6/12/18 Contract No. 3904-C Page 6 of 158 CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on July 21, 2022, the Carlsbad Municipal Water District shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp, for performing the work as follows: furnish and install approximately 4,440 linear feet (LF) of 8” PVC C900 potable water distribution pipeline along State Street Alley, Juniper Ave, Hemlock Ave, Garfield Street, Tierra Del Oro and Shore Drive in the City of Carlsbad, California and including isolation valve, blow-off, air valve, fire hydrant and water service assemblies; removal and disposal of approximately 650 LF of asbestos cement pipe (ACP) and abandonment in-place of approximately 4,650 LF of 6- through 12-inch diameter ACP; and all incidental work including, but not limited to, surveying and construction staking; utility locating and potholing; storm water and non-storm water pollution prevention; excavation support systems; traffic control; earthwork; hydrostatic testing and disinfection; connection to existing water mains; paving and site restoration. DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C PWS22-1844UTIL 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: Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) 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. Revised 6/12/18 Contract No. 3904-C Page 7 of 158 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. 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. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. Revised 6/12/18 Contract No. 3904-C Page 8 of 158 The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District 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 Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk’s Office. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women- owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) 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) Revised 6/12/18 Contract No. 3904-C Page 9 of 158 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 uploaded to the CMWD’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide CMWD 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 CMWD within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non- responsive. 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 $3,220,000. 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 District 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 District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not use federal funds. The following classifications are acceptable for this contract: A - General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City of Carlsbad website at https://www.carlsbadca.gov/departments/finance/contracting- purchasing 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 drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract Revised 6/12/18 Contract No. 3904-C Page 10 of 158 documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District 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 graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions is July 11, 2022, at 5 p.m. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than July 14, 2022. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District’s "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 Revised 6/12/18 Contract No. 3904-C Page 11 of 158 records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project sites will be held on July 7, 2022, at 10 a.m. at the Carlsbad Municipal Water District located at 5950 El Camino Real, Carlsbad, California 92008. 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 District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District 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 District 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District, California, by Resolution No. 1677, adopted on the 21st day of June 2022. June 22, 2022 ~--- Date ~uty Clerk ,, . •+r Revised 6/12/18 Contract No. 3904-C Page 12 of 158 CARLSBAD MUNICIPAL WATER DISTRICT DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 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. 3904-C in accordance with the Plans, Specifications, General Provisions, 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 (refer to Section 9-4 for bid item descriptions): Item No. Description A-1 Mobilization (not to exceed 5% of Total Bid for all Bid Schedules combined) A-2 Preconstruction Videos and photographs A-3 Excavation Support System A-4 Storm Water Pollution Prevention Plan (SWPPP) SCHEDULE "A" Approximate Quantity and Unit 1 LS 1 LS 1 LS 1 LS Unit Price (Figures) Total Amount (Figures) $100,000.00 $ 5,000.00 $ 24,000.00 $ 18,460.00 Total amount of bid (in figures) for Schedule "A": $_1_4_7_,4_6_0_.0_0 __________ _ Total amount of bid (in words) for Schedule "A": One Hundred Forty Seven Thousand Four Hundred Sixty and 00/100 Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 6 SCHEDULE "B" -Tierra del Oro Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) B-1 Temporary Traffic Control 1 LS $ 5,000.00 B-2 Utility Potholing 1 LS $ 10,000.00 B-3 AC Pipe Removal & Disposal 1 LS $ 2,500.00 B-4 AC Pipe Testing 1 EA $11000.00 $ 1,000.00 B-5 Furnish & Install 8-lnch PVC 780 LF $ 86.00 $ 67,080.00 Water Main B-6 Furnish & Install 8-lnch Gate 4 EA $2,700.00 $ 10,800.00 Valve B-7 Furnish & Install Fire Hydrant 2 EA $141600.00 $ 29,200.00 Assembly B-8 Furnish & Install 2-lnch 1 EA $5,700.00 $ 5,700.00 Manual Air Release/Blow-off Assembly B-9 Furnish & Install 2-lnch 1 EA $8,000.00 $ 8,000.00 Comb. Air & Vacuum Valve Assembly B-10 Furnish & Install 2-lnch Water 20 EA $5,200.00 $104,000.00 Service Assembly B-11 Water Main Connection, 1 LS $ 16,000.00 Station 21 +24 B-12 Abandon Existing Water Main 1 LS $ 15,000.00 B-1 3 Over-excavation and Backfill 20 CY $35.00 $ 700.00 B-14 Pavement Restoration 1 LS $ 75,000.00 (Asphalt Concrete) B-15 Pavement Restoration 1 LS $ 10,000.00 (Portland Cement Concrete) Total amount of bid (in figures) for Schedule "B'': $ 359,980.00 Total amount of bid (in words) for Schedule "B": Three Hundred Fifty Nine Thousand Nine Hundred Eighty and 00/100 Contract No. 3904-C -Downtown and Terramar Water Main Replacement 7 Addendum No. 1 SCHEDULE "C" -Shore Drive Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) C-1 Temporary Traffic Control 1 LS $ 8,500.00 C-2 Utility Potholing 1 LS $ 12,000.00 C-3 Furnish & Install Temporary 1 LS $ 24,200.00 Highline C-4 AC Pipe Removal & Disposal 1 LS $ 2,500.00 C-5 AC Pipe Testing 1 EA $1,000.00 $ 1,000.00 C-6 Furnish & Install 8-lnch PVC 1,210 LF s B0.00 $ 96,800.00 Water Main C-7 Furnish & Install 6-lnch Gate 6 EA $2,200.00 $ 13,200.00 Valve C-8 Furnish & Install 8-lnch Gate 2 EA $2,800.00 $ 5,600.00 Valve C-9 Furnish & Install Fire Hydrant 2 EA s 1s,200.oo $ 30,400.00 Assembly C-10 Furnish & Install 2-lnch 5 EA $5,700.00 $ 28,500.00 Manual Air Release/Blow-off Assembly C-11 Furnish & Install 2-lnch 1 EA $8,600.00 $ 8,600.00 Comb. Air & Vacuum Valve Assembly C-12 Furnish & Install 1-lnch 32 EA $3,500.00 $ 112,000.00 Water Service Assembly C-13 Furnish & Install 2-lnch 1 EA $5.500.00 $ 5,500.00 Water Service Assembly C-14 Water Main Connection, 1 LS $ 12,000.00 Station 10+00 C-15 Water Main Connection, 1 LS $ 16,000.00 Station 22+08 C-16 Abandon Existing Water 1 LS $ 15,000.00 Main Contract No. 3904-C -Downtown and Terramar Water Main Replacement 8 Addendum No. 1 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) C-17 Over-excavation and Backfill 30CY $35.00 $ 1,050.00 C-18 Pavement Restoration 1 LS $ 1071000.00 (Asphalt Concrete) C-19 Pavement Restoration 1 LS $ 16,000.00 (Portland Cement Concrete) Total amount of bid (in figures) for Schedule "C": $ 515 850.00 Total amount of bid (in words) for Schedule "C": Five Hundred Fifteen Thousand Eight Hundred Fifty and 00/100 SCHEDULE "D" -State Street Alley Approximate Item Quantity Unit Price No. Description And Unit (Figures) D-1 Temporary Traffic Control 1 LS D-2 Utility Potholing 1 LS D-3 Furnish & Install Temporary 1 LS Highline D-4 AC Pipe Removal & Disposal 1 LS D-5 AC Pipe Testing 1 EA $11000.00 D-6 Furnish & Install 8-lnch PVC 400 LF $ 85.00 Water Main D-7 Furnish & Install 8-lnch 40 LF $ 700.00 Fusible PVC Water Main D-8 Furnish & Install 8-lnch Gate 1 EA $2,700.00 Valve D-9 Furnish & Install 1-lnch Water 11 EA $2,500.00 Service Assembly D-10 Water Main Connection, 1 LS Station 10+35 Contract No. 3904-C-Downtown and Terramar Water Main Replacement Addendum No. 1 Total Amount (Figures) $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 6,000.00 $ 1,000.00 $ 34,000.00 $ 28,000.00 $ 2,700.00 $ 27,500.00 $ 16,000.00 9 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) {Figures) D-11 Water Main Connection, 1 LS $ 14!000.00 Station 14+ 76 D-12 Over-excavation and Backfill 10 CY $100.00 $ 1,000.00 D-13 Pavement Restoration 1 LS $ 30,000.00 (Asphalt Concrete) D-14 Pavement Restoration 1 LS $ 3,000.00 (Portland Cement Concrete) Total amount of bid (in figures) for Schedule "D": $188,200.00 Total amount of bid (in words) for Schedule "D": One Hundred Eighty Eight Thousand Two Hundred and 00/100 SCHEDULE "E" -Garfield Street Approximate Item Quantity Unit Price No. Description And Unit (Figures) E-1 Temporary Traffic Control 1 LS E-2 Utility Potholing 1 LS E-3 Furnish & Install Temporary 1 LS Highline (Sta 10+00 to 12+00) E-4 AC Pipe Removal & Disposal 1 LS E-5 AC Pipe Testing 1 EA $1,000.00 E-6 Furnish & Install 8-lnch PVC 1,000 LF $83.00 Water Main E-7 Furnish & Install 8-lnch Gate 8 EA $2,700.00 Valve E-8 Furnish & Install 12-lnch 2 EA $4,300.00 Gate Valve Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 Total Amount (Figures) $ 8!000.00 $ 10,000.00 $ 10,000.00 $ 3,000.00 $ 1,000.00 $ 83,000.00 $ 21 ,600.00 $ 8 ,600.00 10 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) E-9 Furnish & Install Fire Hydrant 1 EA $141600.00 $ 14,600.00 Assembly E-10 Furnish & Install 2-lnch 1 EA $8,600.00 $ 8,600.00 Comb. Air & Vacuum Valve Assembly E-11 Furnish & Install 2-lnch 2 EA $5,700.00 $ 11,400.00 Manual Air Release/Blow-off Assembly E-12 Furnish & Install 6-lnch Fire 1 EA $14,000.00 $ 141000.00 Service & Connection E-13 Furnish & Install 1-lnch Water 38 EA $3,600.00 $ 136,800.00 Service Assembly E-14 Water Main Connection, 1 LS $ 16,000.00 Station 10+00 E-15 Water Main Connection, 1 LS $ 16,000.00 Station 15+49 E-16 Water Main Connection, 1 LS $ 16,000.00 Station 18+54 E-17 Water Main Connection, 1 LS $ 10,000.00 Station 18+89 E-18 Abandon Existing Water Main 1 LS $ 10,000.00 E-19 Over-excavation and Backfill 30CY $35.00 $ 1,050.00 E-20 Pavement Restoration 1 LS $ 133,000.00 (Asphalt Concrete) E-21 Pavement Restoration 1 LS $ 14,500.00 (Portland Cement Concrete) Total amount of bid (in figures) for Schedule "E": $ 547,150.00 Total amount of bid (in words) for Schedule "E": Five Hundred Forty Seven Thousand One Hundred Fifty and 00/100 Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 11 SCHEDULE "F" -Hemlock Avenue Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) F-1 Temporary Traffic Control 1 LS $ 7,500.00 F-2 Utility Potholing 1 LS $ 10,000.00 F-3 Furnish & Install Temporary 1 LS $ 20,000.00 Highline F-4 AC Pipe Removal & Disposal 1 LS $ 3,000.00 F-5 AC Pipe Testing 1 EA $1,000.00 $ 1,000.00 F-6 Furnish & Install 8-lnch PVC 520 LF $ 78.00 $ 40,560.00 Water Main F-7 Furnish & Install 8-lnch Gate 5 EA $2,700.00 $ 13,500.00 Valve F-8 Furnish & Install 10-lnch 2 EA $3,700.00 $ 7,400.00 Gate Valve F-9 Furnish & Install Fire Hydrant 1 EA $14,600.00 $ 14,600.00 Assembly F-10 Furnish & Install 2-lnch 1 EA $8,600.00 $ 8,600.00 Comb. Air & Vacuum Valve Assembly F-11 Furnish & Install 6-lnch Fire 1 EA $14,000.00 $ 14,000.00 Service & Connection F-12 Furnish & Install 1-lnch Water 14 EA $3,200.00 $ 44,800.00 Service Assembly F-13 Water Main Connection, 1 LS $ 16,000.00 Station 10+00 F-14 Water Main Connection, 1 LS $ 16,000.00 Station 15+ 17 F-15 Abandon Existing Water Main 1 LS $ 10,000.00 F-16 Over-excavation and Backfill 10 CY $ 50.00 $ 500.00 F-17 Pavement Restoration 1 LS $ 117,000.00 (Asphalt Concrete) Contract No. 3904-C -Downtown and Terramar Water Main Replacement 12 Addendum No. 1 Item No. Description F-18 Pavement Restoration (Portland Cement Concrete) Approximate Quantity And Unit 1 LS Unit Price (Figures) Total Amount (Figures) $ 6,000.00 Total amount of bid (in figures) for Schedule "F": $_3_5_0_._,4_6_0_._00 __________ _ Total amount of bid (in words) for Schedule "F": Three Hundred Fifty Thousand Four Hundred Sixty and 00/100 SCHEDULE "G" -Juniper Avenue Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) G-1 Temporary Traffic Control 1 LS $ 8,000.00 G-2 Utility Potholing 1 LS $ 10,000.00 G-3 AC Pipe Removal & Disposal 1 LS $ 5,000.00 G-4 AC Pipe Testing 1 EA $1,000.00 $ 1,000.00 G-5 Furnish & Install 8-lnch PVC 530 LF $100.00 $ 53,000.00 Water Main G-6 Furnish & Install 8-lnch Gate 7 EA $2 ,700.00 $ 18,900.00 Valve G-7 Furnish & Install 10-lnch 2 EA $3,700.00 $ 7,400.00 Gate Valve G-8 Furnish & Install Fire Hydrant 2 EA $141600.00 $ 29,200.00 Assembly G-9 Furnish & Install 2-lnch 1 EA $8,600.00 $ 8,600.00 Comb. Air & Vacuum Valve Assembly G-10 Furnish & Install 2-lnch 1 EA $5,700.00 $ 5,ZQQ QQ Manual Air Release/Blow-off Assembly G-11 Furnish & Install 4-lnch Fire 1 EA $14,000.00 $14,000.00 Service and Connection Contract No. 3904-C -Downtown and Terramar Water Main Replacement 13 Addendum No. 1 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) G-12 Furnish & Install 1-lnch Water 23 EA $31200.00 $ 73,600.00 Service Assembly G-13 Water Main Connection, 1 LS $ 16,000.00 Station 10+00 G-14 Water Main Connection, 1 LS $ 16,000.00 Station 15+22 G-15 Abandon Existing Water Main 1 LS $ 12,000.00 G-16 Over-excavation and Backfill 10 CY $50.00 $ 500.00 G-17 Pavement Restoration 1 LS $ 77,000.00 (Asphalt Concrete) G-18 Pavement Restoration 1 LS $ 10,000.00 (Portland Cement Concrete) Total amount of bid (in figures) for Schedule "G": $ 365,900.00 Total amount of bid (in words) for Schedule "G": Three Hundred Sixty Five Thousand Nine Hundred and 00/100 Total amount ofbid (in figures) for Schedules "A", "B", "C", "D", "E", "F" and "G": $2,475,000.00 Total amount of bid (in words) for Schedules "A", "B'', "C", "D", "E", "F" and "G": _____ _ Two Million Four Hundred Seventy Five Thousand and 00/100 Carlsbad Municipal Water District shall determine the low bid based on the sum of Schedules "A", "B", "C", "D" "E", "F" and "G". Price(s) given above are firm for 90 days after the date of bid opening. Addendum(a) No(s). _1_&_2 ______ 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 District 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 Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 14 Board of Directors of the Carlsbad Municipal Water District, the District 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 718202 , classification Class A Engineering which expires on 1/31/2024 , and Department of Industrial Relations PWC registration number 1000006324 which expires on 6t301202s , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District 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 District§ 7028.1 S(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 Board 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 Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Bond -10% of Bid Amount Accompanying this proposal is _____________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 15 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: N/A (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: NIA (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 _________________________ _ Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 16 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Burtech Pipeline, Incorporated (2) Dominic J. Burtech ✓ ---===-=-=~---4------------------( Signature) President & CEO (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _C_a_li_fo_rn_i_a ____________ _ (4) Place of Business 1325 Pipeline Drive (Street and Number) City and State Vista California (5) Zip Code ---'9_2-'-0 ___ 8 _1 _____ Telephone No. _7_60_-_6_34_-_28_2_2 _______ _ (6) E-Mail buddy@burtechpipeline.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: Dominic J. Burtech -President & CEO Julie J. Burtech -Exec. VP & Secretary Contract No. 3904-C -Downtown and Terramar Water Main Replacement Addendum No. 1 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name~re subscribed to the within instrument and acknowledged to me th~he/they executed the same ~r/their authorized capacity(ies), and thatP'fnis/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) a~cuted the instrument. *@-· ARTHUR ~TRICl(ARQUIUAI COMM. 123811204 ~ • NOTARY PUBl.JC-C>,LJfORNIA ~ SAN DIEGO COUNTY I lfyC-.EJll)ia~7 202e I Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tary Public -------------------OPnONAL------------------- 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 Document Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) 0therThan Named Above ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ D Corporate 0fficer-Title(s) =-------- □ Partner D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other _____________ _ Signer Is Representing __________ _ Signer's Name ______________ _ D Corporate 0fficer-Title(s) =---------□ Partner D Limited OGeneral 0 Individual O Attorney in Fact D Trustee D Guardian or Conservator' D Other ______________ _ Signer Is Representing ___________ _ ©2014National Notary Association • www.NationalNotary.org • 1-800-USN0TARY (1-800-876-6827) ltem#S907 BID SECURITY FORM (Check to Accompany Bid) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, 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 District provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ,, • ., Revised 6/12/18 Contract No. 3904-C Page 25 of 158 BIDDER'S BOND TO ACCOMPANY PROPOSAL DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C KNOW ALL PERSONS BY THESE PRESENTS: That we, BURTECH PIPELINE, INCORPORATED ' as Principal, and NATIONWIDE MUTUAL INSURANCE COMPANY, as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT oF GREATER AMOUNT sI0 (10%) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C in the City of Carlsbad, is accepted by the Board of Directors, 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 Board of Directors of the Carlsbad Municipal Water District 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 District. 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 _...:....:15:....:.T.:....:.H __ day of JULY , 20-1..L_ BURTECH PIPELINE, INCORPORATED (Principal) NATIONWIDE (SEAL) MUTUAL INSURANCE COMPANY (SEAL) (Surety) / By s=2 7 cE.;f d9 SANDRA FIGUEROA, ATTORNEY-IN-FACT (Print Name/Title} (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. By: ___ __,. __ _,__ _______ _ Assistant General Counsel {'\ • ., Revised 6/12/18 Contract No. 3904-C Page 26 of 158 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 pan Diego ] / I qji=z__,__ Arthur Patrick Arquilla, Notary Public On T joate Name a d Title of the Officer Personally appeared -----'----""---""---"---__:_...;../_h_, _l_~--+-=:......._-__,~=-:=--~------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose nam~1s e subscribed to the within instrument a cknowledged to me th he he/they executed t he same · his r/theirauthorized capacity(ies), and tha~\~j~/r/their signature(s) ~nstrumentthe person(s), or th entity upon behalf of which the person(s) a~ecuted the instrument. •@-· ARTHUR ~TRICKAROUILLAI COMM. #2388204 ~ ~ a NOTARY PU8UC-CAUf~ - SAN DIEGO COUHTY I I lilyC-.f.,.a...,,~ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /) WITNESS my ha -~ ahd official se . Signature -----------------OPTIONAL------------- Though this section is optional, completing this Information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) OtherThan Named Above ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ D Corporate Officer-Title(s) =--------0 Partner D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other _____________ _ Signer Is Representing __________ _ Signer's Name ______________ _ D Corporate Officer-Title(s) -==----------0 Partner D Limited □General D Individual D Attorney in Fact D Trustee D Guardian or Conservator" D Other ______________ _ Signer Is Representing ___________ _ ©2014National Notary Association• www.NationalNotary.org • 1-800-USNOTARY (1-800-876-6827) ltem#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 O(] DD DE DD D D600008000 ):(JU9)fflQ)IJIJO@ftft:Oftl:&QIIOffl0000 D B:0060(] D1J Bffi DD DD moooooco808fJ8tift08ta}la)I :o 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 } 0 7/15/2022 b f TRACY LYNN RODRIGUEZ, NOTARY PUBLIC n _____________ e ore me, _____________ .....:.... ________ ~ Date Here Insert Name and Title of the Officer personally appeared -------------'S:::A....::N~D~R::....A:....:F...:1-=G-=U-=E:.:.R.:..:O:..:A...:...._ _________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name{Gt is/are-subscribed to the within instrument and acknowledged to me that -!=teishe/t+,ey executed the same in -Ri6/her/tnefr authorized capacityftes), and that by~her/#teif-signature(5) on the instrument the person(G}, or the entity upon behalf of which the person(~) acted, executed the instrument. r. ;;;A;;-Y ;:;:N; R0oR7Gu'Ez 1 ,... COMM. #2318838 )> · SAN DIEGO COUNTY )> j . NOTARY PUBLIC•CALIFOANIAZ l MY COMMISSION EXPIRES l JANUARY 11, 2024 <.>-<:.;;: <> uz Cl> .... 4,.iD :OU <Ji.& <> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gnatu,e\[QU~ ~;% S natur ta ub/ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(les) Clalmed by Signer(s) Signer's Name: SANDRA FIGUEROA □ Corporate Officer -Title(s): ______ _ o Partner -□ Limited D General D Individual D Trustee D Other: IKI Attorney in Fact o Guardian of Conservator Signer is Representing: _________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -D Limited o General D Individual □ Trustee D Other: o Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ IPWl?X DD [laO@Oi] []iBllll:Of 1111[] DD D Bl: II D B8 [Jlllllll~8~0ll:Offfl08llUUOlftfiOOll:IOlllll•C uoiO:O EIIOIOll B800■111 ©2017 National Notary Association Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: llationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOI IN Ci MALONEY: MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No. 02MC6270117 Qualified in New York County Commission Exnires October 19 2024 CERTIFICATE ~~1h~ Notary Public My Commission Expires Oaober 19. 202-4 I, Laura 8 . Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. N WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this~ day of JULY 2022 Assistant Secretary BDJ 1 (08-21 )00 Revised 6/12/18 Contract No. 3904-C Page 27 of 158 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non- responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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 Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 6/12/18 Contract No. 3904-C Page 28 of 158 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors 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. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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 DIR Subcontractor's Amount of Phone No. Portion of Subcontractor Name and and Email Registration License No. and Work by Work Location of Business Address No. Classification* Subcontractor in Dollars* Cold Mill(T-Cap) RAP Engineering, Inc. 760-233-2960 1000002968 880956 $101 ,068.08 503 E. Mission Rd swhitlock@raenginc. com Class A San Marcos, CA 92069 Surveying Golden Triangle Land Surveying, Ir c. 760-758-7725 1000015071 LS 6788 $14,100.00 vvon~s 1298 Navel Place willardbh@att.net Vista, CA 92081 Fusible Pipe Aegion 858-679-9551 1000051975 972794 $9,150.00 13135 Danielson Street Suite 201 Bfornelli@aegion.co n C-34 Poway, CA 92064 Video Code 3 Media /Chris Marquart 760-621-3930 1000055028 FAA 3930297 $2,880.00 ne-c:x1sung 663 S Rancho Santa Fe Rd#177 sales@code3.media San Marcos, CA 92078 Pavement Statewide Stripes, Inc. 858-560-6887 1000001334 788286 $11 ,900.00 MarKIngs 7320 Mission Gorge sean@statewidestripe: .com San Diego, CA 92120 Page _1 __ of _1 __ 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." l' •+ir Revised 6/12/18 Contract No. 3904-C Page 29 of 158 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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. The bidder shall demonstrate at least five years of experience successfully completing potable water distribution pipelines and shall demonstrate successful completion of at least three potable water pipeline projects with a value of $2,000,000 or greater and similar in type and size to the Work of the proposed Contract. Bidder must also submit the qualifications of its Representatives in accordance with Section 7-6. The proposal shall be deemed non-responsive if the required technical ability and experience for the Bidder or its representative is not demonstrated. Date Contract Name and Address Name and Phone Amount of Completed of the Employer No. of Person to Type of Work Contract Contract 5/18/2022 ~3°b~~=• Offve, San Diego, CA 92123 Jesus Farias -RE Pipe Rehab A0-1 (619) 550-8202 $3,074,886.10 4/18/2022 ~oi=.,=. Dnve. Sen [)ego, CA 92123 Ablin Khaudem AKhaudem@sandiego.gov AC Water & Sewer G102I $3,731,500,00 7/21/2021 ~%0~= 0dv•. san [)ego, CA 92123 Anton Handal AC Wotor & $ewe, G.1025 ahandal1@sandiego.gov $7 .297, 138.35 6/18/2021 ?sJ3"h=-=• Odve, Sen Ooego, CA 92t23 Eddy Wibowo (619) 990-3979 Pipe Rehab AT-1 $4,863,146.33 4/6/2021 ~3°b~~"::, Drive, San Diego, CA 82123 Bob Barrett Water & Sewer Gr 954 (760) 427-8387 $3,756,822.50 8/6/2021 ~3°b=.~Te Ot'fve, Sen Diego, CA 92123 Joseph Ecciesine (858) 573-5043 Water & Sewer G 967 $813,469.00 8/3/2020 ~%"hr,~. Drive. Sen Diego. CA 92123 Ablin Khadernollahabadi (858-573-5081 Pipe Rehab AK-1 $2,581.000.00 9/3/2020 ?sJ3"t~.:.=e D<tve. Sen [)ego, CA 92123 Rick Collette University Ave Pipeline (760) 521-8898 Reolacement $19,354,365.00 5/20/2020 ?s1J0b~~i:'. 0nv. Sen Ooogo. CA 92123 Anton Handal ~-='!l:,me1 Diameter $2,326,386.29 (619) 961-6708 PLEASE SEE A TTAC HED LIST ., f.+;> Revised 6/12/18 Contract No. 3904-C Page 30 of 158 JOB# 2014-025 2015-024 2015-026 BURTECH PIPELINE INCORPORATED 102 2ND STREET, ENCINITAS, CA 92024 p(760) 634-2822 / f(760) 634-2415 LIST OF COMPLETED JOBS PROJECT REFERENCES Owner Contact Person Position/Title Telephone Email Project Title Project Location Work Perfom,ed Contract Amount Completion Date Owner Contact Person Position/Title Telephone Email Project Title Project Location Work Perfomied Contract Amount Completion Date Owner Contact Person Telephone Email Project TIiie Project Location Work Perfom,ed Contract Amount Completion Date City of San Diego Mike Bajoua Project Manager Rick Collette (619) 533-4628 (760) 521-8898 mbajoua@sandiego.gov RCollette@sandieao aov University Avenue Pipeline Replacements University Ave (bet Polk Ave & Oregon St); Park Blvd; 5th Ave; Robinson Ave; San Diego, CA Replacement of cast iron pipeline, traffic control, stonn water pollution and prevention; replacement of all existing water services, replacement and/or construction of additional fire hydrants, installation of new blow off valves, air release valves, and other hydraulic components $ City of San Diego casey Crown, P.E. Project Manager (619) 533-5485 ccrown@sandiego.gov 19,354,365.00 91312020 Sewer & AC Water group 834 Multiple Locations, San Diego, CA EddyWibowo 619-990-3979 eWibowo@sandiego.gov Replacement of 9,302 LF of existing 15-inch, 14-inch, 10-inch, 8-inch, and 6-inch VC and CP sewer mains, sewer manholes, sewer laterals, and 5,484 LF of 8" and 6" AC water mains, and 16 LF of 18-inch Storm Drain, including curb ramps, and all other work and appurtenances. $ 5,772,506.89 +114,051.27 = $5,886,558.16 9/16/2019 Notice of Completion CC0#1 3/20/2017 245 Working Days 605 Working Days 8/15/2019 850 Working Days City of San Diego Jesus Ortiz-Resident Engineer Resident Engineer (619) 540-3605 Nabil Batta -Supervisor Supervisor JM0rtiz@sandiego.gov Nbatta@sandiego.gov Manning Canyon Sewer and Water Replacement Osler St., Comstock St., Lanston St., Preece St., Ney St., and Manning St., Linda Vista Community, San Diego, CA This project Will install 13,191 LF of Sewer Mains, 2,552 LF of new Polyvinyl (PVC) water pipe, and rehabilitate 2,592 LF of Vrtrified Clay Sewer Main Within the Linda Vista Community. Related work includes manhole replacement or rehabilitation, installation of sewer laterals and water service, installation of curb ramps, and resurfacing. Trenchless: 1,062 LF of 10" Sewer With 24" Casing thru Tunneling, done by Golden State Boring & Pipe Jacking $ 6,785,289.44 Total at Completion: $7,379,834.29 Change Order: Additive $594,544.85 Original Contract Days Change Order 1 Change Order 2 7/2/2019 NOC: 3/6/2020 285 7 162 454 5/12/2017 1/4/2018 JOB # 2016-015 2015-006 2015-004 BURTECH PIPELINE INCORPORATED 102 2ND STREET, ENCINITAS, CA 92024 p(760) 634-2822 / f(760) 634-2415 LIST OF COMPLETED JOBS PROJECT REFERENCES Owner Contact Person Position/Tille Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Position/Title Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Position/Title Telephone Email Project TIiie Project Location Work Performed Contract Amount Completion Date City of Oceanside Shukri Sharabi Greg Keppler CIP Manager (760) 435-5809 / (760) 717-6161 (760) 435-5800 ssharabi@ci.oceanside.ca.us GKeppler@ci.oceanside.ca.us Downtown Oceanside Water and Sewer Pipelines Improvement -Phase 1 Downtown & Capistrano Drive, Oceanside, CA The work consists of approximately. 14,216 LF of existing water pipelines to an 8" PVC C900 DR25 pipe and approximately 9,131 LF of existing sewer pipelines to an 8" PVC SOR 35, installation of valves, water meters, fire hydrants, manholes appurtenances and other related works. $ 6,764,737.94 5/31/2018 10/15/201 8 City of Oceanside Shukri Sharabi CIP Manager (760) 435-5809 / (760) 717-6161 ssharabi@ci.oceanside.ca.us Greg Keppler (760) 435-5800 GKeppler@ci.oceanside.ca.us South Oceanside Waterline Replacement Ditmar Street x Kelly Street, Oceanside, CA 92054 Construct approximately 5,887 LF of 8-inch PVC sewer pipeline replacement. 7,373 LF of 8-inch C900 PVC waterline replacement, pipe fittings, and appurtenances, replacement and rehabilitation of existing manholes, sewer bypassing, and other related site works and development. $ 4,230,000.00 City of San Diego Armin Asadyari Resident Engineer (858) 997-7989 aasadyari@sandiego.gov 1/31/2017 AC Water & Sewer Group 1004 Morena Blvd x Napier St., San Diego, CA 9211 O Replace 7,030 LF of existing 6-inch AC water pipeline with 8-inch & 12-inch PVC pipe, replace 2,217 LF of 8-inch sewer pipeline, including sewer laterals, manhole replacement, curb ramps, and street resurfacing. $ 2,221,579.26 6/30/2016 NOC: 1/6/2017 JOB# 2015-005 2018-01 7 2018-002 BURTECH PIPELINE INCORPORATED 102 2ND STREET, ENCINITAS, CA 92024 p(760) 634-2822 / f(760) 634-2415 LIST OF COMPLETED JOBS PROJECT REFERENCES Owner Contact Person Position/Title Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date City of San Diego Eddy Wibowo Resident Engineer (619) 533-3449 EWibowo@sandiego.gov se-r & AC Water Group 752 La Jolla Areas (Avenida Cresta x Winamar Ave}, San Diego, CA 92037 Replace 4,837 LF of old sewer pipe and manholes, rehabilitation of 5,181 LF of old sewer using trenchless method and approximately 154 Lfof new mains and manholes in new alignment on improvement street. Also replacement of existing AC water main with approx. 1,496 LF of 12 and 8-inch PVC pipe and all other appurtenances. $ 2,465,000.00 4/28/2016 NOC: 3/3/2017 Vallecitos Water District Engineering Department Jason Hubbard James Gumpel -jgumpel@vwd.org (760) 744-0460 (760) 744-0460 X 274 Rock Springs Sewer Replacement Project Rock Springs Road x Woods Drive, San Marcos, CA 92069 Consist of 2,750 LF sewer line replacement, 18 manholes and other related works. $ 2,163,994.00 11/20/2019 City of El Cajon Mara Romano Tony Mendoza (619) 441-1715 (619) 441-1715 mmorano@cityofelcajon.us mmendoza@citvofelcajon.us Sewer & Storm Drain Repair & Replacement Avocado Avenue, Rimrock Road, Petree St., City of El Cajon Repair and replacement or corrugated metal storm drain pipes, vitrified clay pipes, and junction structures. $ 2,627,759.00 July 17, 2019 JOB# 2017-025 2017-026 2017-030 BURTECH PIPELINE INCORPORATED 102 2ND STREET, ENCINITAS, CA 92024 p(760) 634-2822 / f(760) 634-241S LIST OF COMPLETED JOBS PROJECT REFERENCES Owner Contact Person Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Padre Dam Municipal Water District Robin Bier, PE Greg Gomez (619) 258--4646 / (619) 258--4632 (585) 614-5000 rbier@padre.org ggomez@mbakerintl.com Woodrose Avenue Techtlte Sewer Replacement (JN 217022) Woodrose Avenue x Beck Drive, Santee, CA 92071 Removal of exiting 10-inch Techite Sewer and replacement with approximately 1,270 LF of new 12-inch diameter PVC SDR-35 sanitary sewer pipe, removal and replacement of 5 existing sanitary manholes and lined with elastomeric polyurethane lining, disconnection of existing lateral and reconnection to new 12-inch sewer, & other related works $ 585,000.00 Rincon Del Dlablo MWD Nick Lyuber,PE/CCM (760) 7 45-5522 x506 NLyuber@RinconWater.org 4/16/2018 Lawrence Lane Plpellne Replacement Lawrence Lane x Anaheim Street, Escondido, CA 92025 Construct approximately 1,040 LF of 12-inch diameter potable water distribution main; installation of isolation valves; fire hydrants; air valve assemblies; blow-off assemblies; water meter relocation; modification of private water services; abandon, approximately 930 LF of existing water main and appurtenances; restoration of site and other related works. $ 761 ,920.00 90 Calendar Days City of Solana Beach Jim Greenstein (858) 720-2476 (direct) jgreenstein@cosb.org 4/9/2018 Circle Drive Sewer Plpellne Replacement 604 E. Circle Drive, Solana Beach, CA 92075 The work includes approximately 1,449 LF of open trench replacement of 6" VCP sewer mains with 8" PVC pipelines, one sewer manhole replacement, approximately 30 LF of 18" storm drain replacement, trench resurfacing, asphalt concrete pavement overlays and traffic striping. $ 532,226.20 6/30/2018 JOB# 2016-011 2015-007 2016-026 BURTECH PIPELINE INCORPORATED 102 2ND STREET, ENCINITAS, CA 92024 p{760) 634-2822 / f(760) 634-2415 LIST OF COMPLETED JOBS PROJECT REFERENCES Owner Contact Person Telephone Email Project Tille Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Email Project Title Project Location Work Performed Contract Amount Completion Date Owner Contact Person Telephone Email Project Title Project Location Work Performed Completion Date Yorba Linda Water District Bryan Hong, P.E. (714) 701-3000 bhong@ytwd.com 2016 Sewer Main CIPP Rehabilitation Various Locations, Yorba Linda, CA 92870 Rehabilitation of approximately 3,700 linear feet of sanitary sewer mains, abandonment of approximately 782 LF of sanitary sewer mains and two manholes, and the rehabilitation of approximately 86 LF of sanitary sewer sewer manholes, includes but not limited to CCTV, cleaning and lining of sanitary sewer mains, sewer lateral tophats, lining of sanitary sewer MH. $ 189,823.75 8131/2016 Leucadia Wastewater District Robin Morishita (760) 753-0155x3007 RMorishita@lwwd.org 2015 Gravity Pipeline Rehabllltatlon Encinitas, CA Replacement of sewer gravity main sections including all lateral reconnections, spot repairs, trenchless repair methods including but not limited to cure-in-place pipe lining, cure-in-place pipe lining spot repairs and other related works to complete the works and restoration of sites. $ 669,946.00 2128/2016 NOC: 3/1612016 City of San Diego Jericho Gallardo (619) 533-7523 jqallardo@sandiego.gov Plpellne Rehabllltatlon AM·1 Lan Nguyen (619) 980-2824 LNNguyen@sandieqo.gov Clairemont Mesa Community, San Diego, CA Rehabilitate 41,127 LF of existing sewer main with trenchless technology; replace-in-place 528 LF of existing a• VC sewer main; 13 point repairs; 27 ea manhole rehabilitation; 7 ea existing manhole replace-in-place; installed 37 new sewer main cleanouts; and related works including installation of curb ramps. 1/112020 Dominic J. Burtech Ill Superintendent Summary of Skills and Experience: Growing up in a construction environment under a family owned business, Burtech Pipeline, Incorporated had developed my interest not only in underground pipeline construction but in general construction. My skills and experiences were a product of being a direct apprentice of an experience plumber, pipefitter, construction foreman, and owner of Burtech Pipeline, Inc., I had a direct observation and hands on training on different jobsites for more than 5 years. Started as Laborer at my young age, trained on different fields including supervision and management of my own business. Major Projects Involved/Handled: Sewer and Water Group 761 (2012) Water Group 945 (2013) Alta Del Mar 30" Waterline (2013) Pipeline Rehabilitation AW-1 (2014) Sewer Lining Group 833 (2014) University Avenue Pipelines (2014) Manning Canyon Sewer and Water (2015) South Oceanside Waterline Replacement (2015) Carmel Mtn Plaza Storm Drain Impaction (2016) Pipeline Rehabilitation AM-1 (2016) Water and Sewer Group 954 (2016) Clairemont Storm Drain Replacement (2017) Woodrose Techite Sewer Replacement (2017) Various projects of Burtech Pipeline, Inc Education: College: University of San Diego, 2 years High School: Santa Fe Christian School, Diploma BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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: 0" Comprehensive General Liability QI Automobile Liability 0 Workers Compensation 0 Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ,, •;;' Revised 6/12/18 Contract No. 3904-C Page 31 of 158 Client#· 431842 BURTEPIPEL 1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 7/28/2022 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(les) 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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER NXMI:'.'"' Marsh & McLennan Agency LLC rlJ8NJo Ext): 1cm Nol: Marsh & McLennan Ins. Agency LLC i~~ss: constructioncerts@marshmma.com PO Box 85638 INSURER(S) AFFORDING COVERAGE NAICI San Diego, CA 92186 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B: American Guarantee and Llablllty Ins Co 26247 Burtech Pipeline, Inc. INSURERC : 102 Second Street Encinitas, CA 92024 INSURERD : INSURERE : INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE if:,P .. ~L I~~ POLICY NUMBER POLICY EFF I IMM/DDIYYYYl II POLICY EXP MM/DDIYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL0498722003 110/01/2021 10/01/202~ EACH OCCURRENCE $1 000 000 I CLAIMS-MADE [!l OCCUR ~~~i~J?e'!~~nce) $100,000 X Bl/PD Ded:15000 1--MED EXP (Ally one person) $5 000 1--PERSONAL & ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 R [!]PR~ □LOC $2,000,000 POLICY X JECT PRODUCTS • COMP/OP AGG OTHER: $ AUTOMOBILE LIABILITY X X BAP498721803 110/01/2021 10/01/202. COMBINED SINGLE LIMIT i1,000,000 (Ea accidenll 1-- X ANYAUTO BODILY INJURY (Per per.;on) $ ,._ OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidenl) $ ,._ HIRED ,._ NON-OWNED PROPERTY DAMAGE ~ AUTOS ONLY ...!_ AUTOS ONLY (Per accidenl) $ $ B UMBRELLA LIAB ~ OCCUR SXS868439500 10/01/2021 10/01/202. EACH OCCURRENCE s4 000.000 I-- X EXCESS LIAB CLAIMS-MADE AGGREGATE s4 000 000 DED I xi RETENTION s0 $ A WORKERS COMPENSATION X WC475304603 ~0/01/2021 10/01/202. X l~f:ruTE I 12JH-AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE~ E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s1 000 000 grssc~r~c:1~ 'b~PERATIONS below E.L. DISEASE -POLICY LIMIT s1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remam Schedule, may be attached If more apace is required) RE: City of Carlsbad -Downtown and Terramar Water Main Replacement -Agreement Number: PWS22-1844UTIL. The City of Carlsbad, Carlsbad Municipal Water District, its officials, employees and volunteers are included as additional insured with respects to General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies to General Liability, Auto Liability, and Workers Compensation per attached endorsements. Coverage is primary and noncontributory per attached endorsements. Excess/Umbrella policy follows form of primary policies. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 947 Murrieta, CA 92564 AUTHORIZED REPRESENTATIVE I I<~ "h\'1fcLU. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11182973/M8774537 WSRYB INSURED: Burtech Pipeline, Inc. POLICY#: BAP498721803 POLICY PERIOD: 1010112021 TO 1010112022 .l.f•,._,.~~""rr .. ,.r,-t ..... ,.-1•'t.·,t'l•Y.,t,n1t()""l,t't r.rtti,11t••"'I ► •f'\01~ ,.,~"411(...,,(Ar...·, r\_41l't •C,tt'\-'1t;tth4f•J ,,~•:f'•fh• '-trtt,-r n\.:rft•••..n~• , .. llw,, ... ..,, .. ,, • .,,, rt":• r-: ... ,1. .... ;1a1~r,A J 11'\WN U'l4U~thtftlH'~--Wld'f,lit',.~~,..I #•~ QUD c .... ,a tf111'¥'C:• Till•OIIDC..rtr:.IN;..t11iUr fl.tffh!lt!\,l"l'llf 1"111.('ll!'~f r.:1~ .. TOj ::t1~, ,1-;, r.ttJtoftn, (u""•11J1~1 l'Qt•u~I fllltlf:1! JlJl11et!'1'1."9,l•l:,4;!ft'uJ-,~lf,}J,A,fli-H ltJh)e,•tr•fvf,w...,..,,,) o:tti1J,;,, .• ¥'flthtG l"'I t)fr.J.Wr\)\:i!l•l/.'1)11 ,,., ..... f\JI Ot•fv,1,:t,tmJ,fl,.l141.$l.•f ... lOO• U l Jd1'-''''"Ul•.-41_,,,.,,1aJf'VS.:.ktQ.f"'tn,11 ,.,a ;in;rrw· r ,a.,..~1,,_.,.,.. nvr"t...<A'l• tc.tr,cCJ•i11 r Y'll)llnt""""',n"' n'1~1ro •t>J•·r,v.1 t ri,o,;:,111,r,, r"',t ,.,, rt'"9141•"' i.tt•Mi,1"10 M"tf'I •\.''l·W F•it:w• \1 t t ('l'"!'li (f;.i)'AQ:'nn~·• M ._., .ff;,-~"~tn {'l\ i ~~II U.S. Department of Transportation Federal Motor Carrier Safety Administration lssuod to Burtech Pipeline, Inc. ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 D.Jtod at New York, New York 14th, September. 2013 Amending Policy No. Effecli~·c Dl1tc BAP498721803 Name of Insurance Com party Coon1er.signoo by The policy Lo wluch lh1s cndonc:mm 1s aUachcd prov 1dc,i pnm111y or-c)lce~ ml>WlU'lce, ~"I mdiculcd by "[XL~ for lhc lunttsshown [X ) Tins lffiUlllnoc 15 pnmnry ond the: compon)' '°'1HII not l:x: liable for omowils m c="I ofS I ,C)f)(),U)CJ for cm:h ac,;1dcnt [X ) nu, ~ ,s excess and the company shall not b~ liable for 1mow1ts 111 e.xce!ss of SS,000.000 (or each accuknt m CXCCIS of lhc underlying limit ors 1,(100,(l(il) fOJ each ncc:11:lcnL \\bene\'et rtquirtd by the Federal Motor Comer Safety Admuustrallon (ThfCSA). th<! company agrees 10 furnish th~ F'M('SA n duphc;llc of !iaid policy and 3II its cll(!OOiCTTlcnt.s. The company nbo ogrcc:-;. upon telephone requc:,t by nn oulllmzcd representa11,·e oft he FMCSA, to vmfy thnt the pohC)' is in force O"I of o parttculnr date Tho tclcphon., nwn~rtocallis. (:!15)399-29.39 CR110cllntmr1 of thi:o; crtdoo;cmcr1L m1ty be cfkcted by the oompony of the insured hy gl\'ing: (]} thi.rty-fa·c (3.S) days notice in writing to the other party (~aid 35 days notice to commc~c from the date tho .ootJcc is mojJed. proof of mailins s1-all be sufficient proof of notac!!), and m if the iru.tJied is subject to tlte F:MCSA 's registration rcqutrcments under 4? U S.C. 13901, br prcl\'1ding thirty (30) dnys nolice to the F iCSA (:>111d 30 days notioc to commence (rorn too dote tho r10t1ce IS received by the FMCSA at its office in Washington.DC) Form MCS-90 (p:il!<' l or 3 ) DEFlNJTIONS AS USED JN TJDS ENDORSEMENT A«ldent mcludts oonnnuousor rcpeoted axposll"~ to oooduions or wh1ch results m bodily mJltry. property dami.ge. or envttonmcntal damage which lhe ~d neither exptcted nor intended ~fotor Vehicle means o land vehicle. machme. truck, troctor, tnuler. or semt-tmilcr propclltd or drown by mcchan1cal power and ll.$ed on o lughwoy for transporting property. or ony combination thereof. Bodlty 11\lury mcons mJwy 10 the body, s1ckilCSS. or disease to anr pc~ mcludu~ d...ath rcsulung from nny of these. Pro~rty Dama e means damage to or los., of U$C of taflliblc property. En~lronmtnllil Rntur-otlon mearu rcstit\J1.1on for the lnss., dnmeiji:, ur 11!.strucl!on of naturol n.:.saurces er,:nni ol.l of th.: occidental dJsctuli-g~ dispersal, relca.se or esaipe mto or upon the la.nd, atmosphere, watercourse, or body of water, of any commochty 11an.Sponcd by a motor c.,rricr Thi.s sh3ll include the cost of removal and the~ of neoc:!iS!IJY mea.o,un:s taken to mtn1mtz£ or m1t1gatc domoge to human hcohh. the natw-nl environment.. rbh. shellf1Sh. ond wilJ.hfe Public Liability rncllll.'I Jiability for bodily injury, properly damage, and cnv ironmcntal relltomlion. The insurance pohcy to which this endorsement is attached provid..?.s automobile liability wuronce o.nd is ameod.,d to s.~urc compli:mce by the in$ured. witliin lhe limiLo; stated herein. ns a moLOr ~rricr or (lfopcrty, with Section~ :?9 and 3r1 of the Motor Comer Act of 1980 and 1he rules and rcgulotion.s of the Federal Motor Carner Safciy AdminimtlOfl (FMCSA). fn oons1dern1100 of tho premium stOt(d in the policy to wlucti 1his endasemem 1s auachcd. the insurer (lhc company) ogrecs to J'O}'. ,,•,tlun the I.units ofhabtlity dcscnbcd herein. any ftnol judgment reco\'ered asamst the insured for public l~'lbility rcsultill8 from negligence in lhe operation. mainlcmmcc or use of motor \'chic!~ whjcct to the frmnci1d re~m1bitny rcqwremcnls or Secuoris 29 and 31J of the Motcr-Comer .'\ct of 1980 Tl'gnrdlcss of whether or not ~h mowr vehicle ,s spcc1 lically descnhetl in the policy ond whetha or nOl ~'UCh negligence ocx:un; on uny route or m any territory authorized to be served by the insured or elsewhere Such iruurnru:c as is afI«ded. for public liability, docs not opply to lnJW'}' to or death of the iru,uroo's tmploye.is while cng~ed m the course of&he ir employmenL. or prop,my tmnsport~ by the u"tSUred demgnntcd ns cargo It 1s undcr:.--tood nnd agreed that no conduioo. provision. stipulouon. or lim 1tn.uon con1111ned in the policy, th1S endorsement, or any other endorsement thereon, or v1olat1on thereof. shall rehe,·e lhc comp11ny from liability or from the payment of any fiml judgment. within the: limils or Ji3bili1y herein dcscrihcd,. 1rrespecl1vo of the fimncial oondiuon. ll't!Olvcnc} or bankruptcy of the 1ru.u.red How ever. o II terms. condu ions, w,d lim1ta11ons in lhe policy to \\'hich the endorsemenr 1s attached shall remam in full force and effect as blllding between the in~ and the company The insured ngrccs lo reimburse the company for any p3ymcnt mndc by the comp0ny on ocoount of o.ny occide,.._ claun. or sun involving a breach of the tem1s of the policy, ond for ony paymerl that 1he company would not have been oblisated to malre under the provi.storu of the policy c.-«:ept for the agreement cont.nut~ m thts cndofscmcnl It IS further undenltood and agreed lhat, upon fo1lurc of the company to poy ony final JU(lg,nent recovel\!d •!!llwt the im;urcd n.'> prm•idcd herein, the j~mcnt creditor moy mointiin an nctian in any court of canpctentjunsdiction 11g.1irN the compnny to comJ)\?) such poym.:nt The: limits of the eompall}~S liability for the amounts prescribed in this endorsement apply separately to each accident nnd any poyment under the pohcy because of any Mil accident shall not operate 10 reduce the hob1lny of the compooy for the payment or li.nal Judgments n:sultio; from any othtr 1.1cc1dcnt THE SCHEDULE OF Ll.MITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE The lunns !Jtown an the schtdule are for infonnauon purposc?S only Fonn ICS-90 (p11ge 2 or J) SCHEDULE OF LIMITS-•PUBLIC LIABILITY Type of carnage <tJ For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,000 or more pounds) 121 For-hire and Private (In interstate, foreign or intrastate oommerce, with a gross vehicle weight rating of 10,000 or more pounds) u, For-hire and Private (In interstate or foreign commerce in any quantity, or In Intrastate commerce, in bulk only; wrth a gross vehicle weight rating of 10,000 or more poi..nds). 1'1 For-hire and Private (In Interstate or foreign commerce, with a gross vehicle weight rating or less than 10,000 pounds). Fo11n MCS-90 (p:tgt-J of J) Commodity transported Jan 1, 1985 Property (nonhazardous) $ 750,000 Hazardous substances, as defined m 49 CFR 171 8, SS,000,000 transported in cargo tanks, portable tanks or hopper-type vehicles with capacities In excess of 3,500 water gallons; or in bulk Div1S10n 1 1., 1 2, and 1 3 materials Division 2.3 Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material, In bulk D1v1sion 2 .1 or 2.2, or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. h Oil lisdted in 49 1 c 1 FR 1nd72.1h01; hdazardou~ waste, S1.000.000 azar ous mater a s, a azaf ous sui.r.>tances defined in 49 CFR 171 8 and listed in 49 CFR 172 101 but not mentioned in (2) above or (4) below. Any quantity of 01V1s1on 1 1, 1 2, or 1.3 material; any SS 000 000 quantity of a Division 2 3, Hazard Zone A, or Division ' ' 6.1, Packrng Group 1, Hazard Zone A matenal; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173 403 INSURED: Burtech Pipeline, Inc. POLICY#: BAP498721803 POLICY PERIOD: 1010112021 TO: 1010112022 Coverage Extension Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": • a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and on ly up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 1 of6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 2 of6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 3 of6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction . 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0 . Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 4 of6 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased , hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. 5. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 5 of6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section 111-Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1 ,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Service~ Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 6 of 6 INSURED: Burtech Pipeline, Inc. POLICY#: GLO498722003 POLICY PERIOD: 1010112021 TO 1010112022 COMMERCIAL GENERAL LIABILITY CG 25 0305 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAAEFULL Y. DESIGNATED CONSTRUCTION PROJECT($) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Blanket as required by written contract and effective during the pot- Icy period as stated in the policy declarations. This endorsement applies only to your projects away from premises owned by or rented to you for which vou have certificates of Insurance on file at vour office. Information reauired to complete this Schedule if not shown above will be shown In the Declarations. A. For all sums which the Insured becomes legally obligated to pay as damages caused by ·occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury· or "property damage• included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits• brought; or c. Persons or organizations making claims or bringing •suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con• struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit tor any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 2503 05 09 ©> Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A tor damages or under Coverage C tor medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Llmil, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability ans,ng out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury• or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated conslruction project has been abandoned, delayed, or abandoned and lhen restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section Ill -Limits or Insur- ance not otherwise modified by this endorsement shall continue lo apply as stipulated. Page2of 2 © Insurance Services Office, Inc., 2008 CG 25 030509 INSURED: Burtech Pipeline, Inc. POLICY #: GLO498722003 POLICY PERIOD: 1010112021 Additional Insured -Automatic -Owners, Lessees Or Contractors TO 1010112022 ZURICH • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Blanket Endorsement. As Required By Written Contract Address (Including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to Include as an additional Insured any pen.on or organization whom you ere required to add es an edd1tlonal Insured on this policy under a wntten contract or written agreement. Such person or organization Is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury'' caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance or your ongoing operations or ''your work" as Included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: ''Bodily injury'', "property damage" or "personal and advertising injury'' arising out of the rendering of, or failure to render, 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, change orders or drawings and specifications; or b. Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury'' or "property damage", or the offense which caused the "personal and advertising injury'', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: Includes copyrighted materiel of Insurance Services Office, Inc., with Its permission. U-GL-1175-F CW (04/13) Page 1 of 2 The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and Indemnity of the claim or "suit" will promptly be brought against any policy Issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following Is added to the Other Insurance Condition of Section IV -Commercial General Liability Condition s: Primary and Noncontributory Insurance This insurance is primary to and will not seek contnbution from any other insurance available to an additional Insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this Insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that Identified additional Insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with ils permlssion. U-GL-117~F CW (04/13) Page 2 of 2 INSURED: Burtech Pipeline, Inc. POLICY #: GLO498722003 POLICY PERIOD: 1010112021 Other Insurance Amendment -Primary And Non-Contributory THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (Including ZJP Code): Burtech Pipeline, Inc. 102 Second Street Encinitas, CA 92024 This endorsement modifies insurance provided under the: Commercial General Llablllty Coverage Part TO: 1010112022 g ZURICH 1. The following paragraph is added to the Other Insurance Condition of Section IV • Commerclal General Llablllty Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insuranceavailable to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV • Commercial General Llablllty Conditions: This insurance is excess over. Any of the other insurance. whether primary, excess, contingent or on any other basis, available to an additional insured , in which the additional insured on our policy ls also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional Insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. Includes copyrighled malerial of lnS1Jrance S81Vk:es Office, Inc. with Its permission. U-Gl-1327-8 CW(O<l/13) Page 1 of 1 INSURED: Burtech Pipeline, Inc. POLICY #: GLO498722003 POLICY PERIOD: 1010112021 TO 1010112022 COMMERCIAL GENERAL LIABILITY CG2404 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or agreement executed prior to loss (except where not permitted by law) Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard''. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ~ Insurance Services Office, Inc., 2008 Page 1 of 1 INSURED: Burtech Pipeline, Inc. POLICY #: WC475304603 POLICY PERIOD: 1010112021 WORKERS' COW'ENSATION AND EMPLOYERS'UABIUTY INSURANCE POLICY TO 1010112022 WC 040306 Ed. 4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have lhe right to recO\ler our payments from anyone liable for an Injury covered by this policy. We will nol enforce our right againsl the person or organizalion narred in lhe Schedule. (This agreement applie,; only lo 1he extent that you perform work under a written contract that requires you to obtain this agreement from us.) You roost rroinfain 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 O • 0 % of the Galifornia workers' compensation pre- mium cxherwise due on such rernmeralion. Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARB REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE IHSUUO, BXJ:CUTBC PRIOR TO THE ACCIDENT OR LOSS , THAT WAIVER OF sueaOGATION SE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC2!;2(4-84) WC 04 03 06 {Ed. 4-84) Schedule Job Oescrlp6on ALL CALIFORNIA OPERATIONS Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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 debarments. None party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Burtech Pipeline, Incorporated (name of Contractor) Domini urtech -President & CEO (print name/title) Page _1 __ of _1 __ pages of this Re Debarment form ('\ • ., Revised 6/12/18 Contract No. 3904-C Page 32 of 158 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State License Board two or more times within an eight year period? ✓ yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? N/A 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? ✓ yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion ,he 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 pertains to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1 __ of.!:.__ pages of this Disclosure of Discipline form {'\ .... Revised 6/12/18 Contract No. 3904-C Page 33 of 158 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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. NIA (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Burtech Pipeline, Incorporated (name of Contractor) Dominic J. Burte (print name/title) Page ~ of!:._ pages of this Disclosure of Discipline form ('\ '1F Revised 6/12/18 Contract No. 3904-C Page 34 of 158 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C The undersigned declares: I am the President & CEO of Burtech Pipeline, Inc , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, 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, partnership, 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 represents 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 ___ J_u .... 1y __ 2_1 _______ , 20R._ at Vista [city], California [state]. ✓ Signature of Bidder -~ \., Revised 6/12/18 Contract No. 3904-C Page 35 of 158 CONTRACT PUBLIC WORKS This agreement is made this V +11-day of ~f {; . 2022, by and between the Carlsbad Municipal Water District of ii City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and Burtech Pipeline Inc., whose principal place of business is 1325 Pipeline Drvie, Vista, California 92081 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated , specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground ('\ • ., Revised 6/12/18 Contract No. 3904-C Page 36 of 158 Revised 6/12/18 Contract No. 3904-C Page 37 of 158 conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District 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 District. 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 District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District 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 District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, 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. Revised 6/12/18 Contract No. 3904-C Page 38 of 158 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, 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 District. 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 District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District 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 District. Defense costs include the cost of separate counsel for District, if District 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 of Carlsbad’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 (GLC) Insurance: Insurance written on an “occurrence” basis, 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 District. (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. Revised 6/12/18 Contract No. 3904-C Page 39 of 158 a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District 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 District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, 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 District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms Revised 6/12/18 Contract No. 3904-C Page 40 of 158 approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included 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 reference. 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 provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District 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 Board of Directors of the Carlsbad Municipal Water District of 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. f\.A /\-1 ~ ~ave read and understand all provisions of Section 11 above.~init ✓ --1ll:l--- 1n1t UV- 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District 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 District may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill {'\ •fr Revised 6/12/18 Contract No. 3904-C Page41 of 158 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 (CORPORA TE SEAL) CONTRACTOR: Burtech Pipeline, Incorporated (name of Contractor) Julie J. B (print name and title) CARLSBAD MUNICIPAL WATER DISTRICT a municipal oration of the State of California MA TT HALL, President ATTEST: FAVIOLA MEDINA, City Clerk Services Manager President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER {'\ • ., Revised 6/12/18 Contract No. 3904-C Page 42 of 158 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 1 f 1 / -Z,07., "1--Arthur Patrick Arquilla, Notary Public Title of the Officer r / Date Personally appeared __ .......,=-_t½1 ___ l_Yl_l_C _ ___;_;::;._ _ __,_---==-.:.....::;.--"----------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ e subscribed to the within instrument an cknowledged to me thithe/s)ie/they executed the same· his r/their authorized capacity(ies),and that his/ r/their signature(s) o~strumentthe person(s), or the n ity upon behalf of which the person(s) acte , executed the instrument. '@·· ·-· ARTliURA\TRICK~IU.AI ,+. • • • COMM. 12388204 ;ii: <' • NOTARY PUBI.JC.CAUFC>ruM ~ I SAN DIEGO COUNTY ..,c-.&pns....-,1202& 1 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------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 Document Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ D Corporate 0fficer-Title(s) _______ _ D Partner D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other _____________ _ Signer Is Representing __________ _ Signer's Name ______________ _ D Corporate Officer-Title(s) =---------□ Partner D Limited OGeneral D Individual D Attorney in Fact D Trustee D Guardian or Conservator· D Other ______________ _ Signer Is Representing ___________ _ ©2014National Notary Association• www.NationalNotary.org • 1-800-USNOTARY (1-800-876-6827) ltem#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 San1 Diego oe e/i/ Zo2-2/ befo,e m,, Arthur Patrick Arquilla, Notary Public Date /) . _J_ ::::,e lnjert Name and Title of the Officer Personally appeared ~L;--t /~I-' -:/h Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)l(s;a)e subscribed to the within instrument and acknowledged to me that h~ey executed the same in hi~eirauthorized capacity(ies), and that by hi~eir signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '@·-· ARTHUR~TRICK~wl ~ , COMM. #23815204 a NOTARY PUBUC-CAUFORN~ ~ I SAH DIEGO COUNTY - M, C-. EIIPQI......, 7 2028 I a Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tary Public ----·---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 Document Title or Type of Document _______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above _____________ _ Capacity(ies) Claimed by Slgner(s) Signer's Name _____________ _ D Corporate Officer-Title(s) _______ _ D Partner D Limited D General 0 Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other _____________ _ Signer Is Representing __________ _ Signer's Name _______________ _ D Corporate Officer-Title(s)=---------0 Partner D Limited OGeneral D Individual D Attorney in Fact D Trustee D Guardian or Conservator' D Other ______________ _ Signer Is Representing ___________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) ltem#5907 BOND NO. 7901107832 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to BURTECH PIPELINE INCORPORATED (hereinafter designated as the "Principal"), a Contract for: DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C 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 Secretary of the Carlsbad Municipal Water District 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 furnish ing 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, BURTECH PIPELINE, INCORPORATED 'as Principal, (hereinafter designated as the "Contractor"), and NATIONWIDE MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of TWO MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND AND 00/100 Dollars ($ 2,475,000.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond , reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications ,, •;;' Revised 6/12/18 Contract No. 3904-C Page 43 of 158 accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___ ____;:2...:..8T-'--'H-'-day of ______ ...:..J...:..U...:..L Y ___ , 20 22 BURTECH PIPELINE, INCORPORATED (SEAL) (Principal) DOMINIC J. BURTECH, (Print Name NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) (Surety) By /2t __ o.~ (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE} APPROVED AS TO FORM: ('\ • ., Revised 6/12/18 Contract No. 3904-C Page 44 of 158 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 202-Z-before me, Arthur Patrick Arquilla, Notary Public -'--l-+-1------- 0 ate • , ~ :e Insert Name and Title of the Officer Personally appeared _.._T)_'--6"Yh=-__ l_VJ_)_C _ _.~~--=--cG_,__......,,,,c"'-/4-,<..J<-....._ ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name~ re subscribed to the within instrument and acknowledged to me th6Me/they executed the same i~r/theirauthorized capacity(ies),andthat~her/theirsignature(s) o~nstrumenttheperson(s), or the entity upon behalf of which the person(s) ac~ecuted the instrument. *@-· ARTHURPATRICKAROU~I m • , COMM. #2388204 .1t ~ • ttOTMY PVBlJC.CAUFORtM 'r I -SAN DIEGO COUNTY - : l,lyCorlllll.El!PfflJarwy7 202e I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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. Description of Attached Document Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above ____________ _ Capacity(les) Claimed by Signer(s) Signer's Name _____________ _ D Corporate 0fficer-Title(s) =--------0 Partner D limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other _____________ _ Signer Is Representing __________ _ Signer's Name ______________ _ 0 Corporate 0fficer-Title(s) =---------0 Partner O limited OGeneral 0 Individual O Attorney in Fact 0 Trustee O Guardian or Conservator' D Other ______________ _ Signer Is Representing ___________ _ © 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 lllDIDIOOIJICIOOIIODl:IJfD&'Oeo.~131081] [10:o:oc O [)1000)000'80IJ0800608fl@llll(I.W3 I ••■a111II 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 __ --7/ __ 2--8/_2--02_2 _____ before me, SANDRA FIG UEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_. _IA_T_A_R_O_LA ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ ls/are-subscribed to the within instrument and acknowledged to me that he/sReftl'ley executed the same in his/l'lerl-tReir authorized capacity~). and that by his/l'lel'ftReir signature(5) on the instrument the person(s), or the entity upon behalf of which the person(~) acted, executed the instrument. T <> <> 0 <>SANDRA FIGUEROA 1 .... COMM.#2334108 i SAN DIEGO COUNTY ~ • 4 NOTARY PUBLIC-CALIFORNIA_. ~ MY COMMISSION EXPIRES j L c> -c> jEf_,TE,!'18,.§Rl,2,107:6 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~ signatureofNoryP/ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual ig Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: ______________ _ Signer is Representing: _________ _ D t 6 )( l8i DJ B lt:DIOOIDJ00'00¥~180301D181GI00$1CIOI II 311101Gl ■IIII DD JD B!OOfi ©2017 National Notary Association Power of Attorney !<NOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the ·company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOIIN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA: TRACY LYNN RODRJGUEZ; each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021 . Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public. State of New York No. 02MC6270117 Qualified in New York County Commission Exoires October 19 2024 CERTIFICATE Notary Public Mv Commission Expires October 19, 2024 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 28TH day of JULY 2022 Assistant Secretary BDJ 1 (08-21 )OD BOND NO. 7901107832 PREMIUM: $16,943.00 PREMIUM IS FOR CONTRACT TERM ANO IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to BURTECH PIPELINE INCORPORATED (hereinafter designated as the "Principal"), a Contract for: DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, BURTECH PIPELINE, INCORPORATED , as Principal, (hereinafter designated as the "Contractor"), and NATIONWIDE MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of TWO MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND AND 00/100 Dollars($ 2,475,000.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the 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 Carlsbad Municipal Water District, 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 District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond , and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,, • .,-Revised 6/12/18 Contract No. 3904-C Page 45 of 158 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 ___ 2_8T_H __ day of _______ J_U_L_Y ___ ,, 20_22_ BURTECH PIPELINE, INCORPORATED (SEAL) (Principal) (Signature) DOMINIC J. BURTECH, JR., A ESIDENT (Print Name & Ti e) NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) (Surety) By ,lo/~ o. dJ;.;h (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNO LEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BRE By: {'\ • ., Revised 6/12/18 Contract No. 3904-C Page 46 of 158 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 o San Diego on <t I 1..Jf2/2.,., before me, Arthur Patrick Arquilla, Notary Public Date :1!'e lnsery Name and Title of the Officer Personally appeared _ _,[).__._,_;;~_,_.....;__l,,_J/1.,__,_)_<"_.'---__,_~-----'----'"'-~---...;._-------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose na~e is/ e subscribed to the within instrument and acknowledged to me th~he/they executed the same· 1 er/their authorized capacity(ies),and that~~er/their signature(s) on the instrumentthe person(s), or t ntity upon behalf of which the person(s) ac~ecuted the instrument. -~--ARnruRPATRICKAROUl~I • COMM. «2388204 ~ i • NOTARY PUBUC-CAUFORIM -I SAN DIEGO COUNTY I lily Corffll, EJl)AI Jn,rf 1 2029 • Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ary Public -----------------------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 Document Title or Type of Document ______________ Document Date __________ _ Number of Pages ________ Signer(s) OtherThan Named Above ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name _____________ _ D Corporate Officer-Title(s) _______ _ D Partner D Limited D General 0 Individual O Attorney in Fact D Trustee D Guardian or Conservator □ Other _____________ _ Signer Is Representing __________ _ Signer's Name ______________ _ D Corporate Officer-Title(s) ------------□ Partner D Limited □General D Individual D Attorney in Fact D Trustee D Guardian or Conservator' D Other ______________ _ Signer Is Representing ___________ _ ©2014National Notary Association • www.NationalNotary.org • 1-800-USNOTARY (1-800-876-6827) ltem#S907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 OOOU80UOi I• -88:060011 0 D D 0780080800 0(~ OOlf .:1()000001.ffO ti O a uJ fJ D D □ El ii I 11100 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 ___ 7/_2_8/_20_2_2 _____ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_. _IA_T_A_R_O_L_A ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(!;) whose name~ is/-aFe-subscribed to the within Instrument and acknowledged to me that he/stw/they executed the same in his/her/their authorized capacity!;es), and that by his/hel'ftheir signature(.;) on the instrument the person(s), or the entity upon behalf of which the person~) acted, executed the instrument. <><><>CL<><><><>-1 SANDRA FIGUEROA ~~1>1.. COMM.# 2334108 )> SAN DIEGO COUNTY )> ~ NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRESJ-' SEPTEMBER 22, 2024 _ c:::><.><><><..><><><><>c:::> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature cc::=5Y-::::z:'.::__,==::::~::::::!~==;;-,!=.=:.. ___ _ Signa~ub/ic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General D Individual □ Trustee D Other: ~ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ ffll D □ □ □ ll □ 11 a a IH III HI a~ffltMOUDOO n 11111:m II Iii H ll\lOl 111111111 II 11111 D □ □ D D D D D D D D IJO D □ □ D E 8 ©2017 National Notary Association Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLJ\; SANDRA FIGUEROA; TRACY LYNN RODRJGUEZ; each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No. 02MC6270117 Qualified in New York County Commission Exoires October 19 2024 CERTIFICATE ~~,n~ Notary Pubbc My Commission Expires Octob8r 19, 2024 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. ~ IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 28TH day of JULY 2022 >-I'_ ' . C/\CU,l.-Ol.. 8-G-v 'a-- Assistant Secretary BDJ 1 (08-21 )00 Revised 6/12/18 Contract No. 3904-C Page 47 of 158 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and Burtech Pipeline Inc., whose address is 1325 Pipeline Drive, Vista, California 92081, hereinafter called "Contractor" and __________________________________ whose address is ______________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACMENT CONTRACT NO. 3904-C in the amount of two million four hundred seventy-five thousand dollars ($2,475,000) dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District 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 District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District 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 District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, 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 District. Revised 6/12/18 Contract No. 3904-C Page 48 of 158 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 District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District 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 District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 6/12/18 Contract No. 3904-C Page 49 of 158 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: Title PRESIDENT Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address July 8, 2022 ADDENDUM NO. 1 C cityof Carlsbad RE: DOWNTOWN AND TERRAMAR WATER MAIN REPLACEMENT; PROJECT NO.: 3904-C; BID NO. PWS22-1844UTIL Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ~~ GRA;;A~ Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Dominic J. Burtech - Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t Contract No. 3904-C – Downtown and Terramar Water Main Replacement 1 Addendum No. 1 CITY OF CARLSBAD Downtown and Terramar Small Diameter Water Main Replacement Contract No. 3904-C Bid No. PWS22-1844UTIL Addendum No. 1 From: Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov No. of Pages: 44 pages (including this page) Date: July 8, 2022 Bid Opening Date: July 21, 2022 - 11:00 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO THE GENERAL PROVISIONS 1) Contractor’s Proposal REPLACE this section in its entirety with the revised Contractor’s Proposal (pgs. 13-24) attached (Attachment A) hereto. 2) Section 5-1 LOCATION REVISE the last sentence of the fifth paragraph to read: “The pothole log shall be submitted a minimum of two weeks prior to excavating the crossing location.” Contract No. 3904-C – Downtown and Terramar Water Main Replacement 2 Addendum No. 1 3) Section 6-2.2 Construction Phasing REPLACE the phasing guidelines for Phase 3, Phase 4 and Phase 5 with the revised phasing guidelines (pgs. 95-97) attached (Attachment B) hereto. 4) Section 9-4 BID ITEMS REPLACE this section in its entirety with the revised Section 9-4 (Attachment C). MODIFICATIONS, DELETIONS, AND ADDITIONS TO THE CARLSBAD ENGINEERING STANDARDS 1) Volume 3, Chapter 1, City of Carlsbad Standard Drawings: REPLACE Carlsbad Standard Drawing No. GS-25 and No. GS-26 with the revised standard drawings attached hereto (Attachment D). 2) Volume 3, Chapter 5, Standard Specifications for Potable Water, Recycled Water and Sewer Facilities: Section 02223. REPLACE paragraph 2.4.B with the following paragraph: “B. Earth backfill used in the trench zone shall be native granular materials with more than 90 percent passing the No. 4 sieve and less than 40 percent passing the No. 200 sieve. Earth backfill shall be free of debris and organic matter and rocks greater than 4 inches in maximum dimension.” MODIFICATIONS, DELETIONS, AND ADDITIONS TO THE PLANS Refer to Attachment E for the following revisions to the Plans: 1) Drawing 535-7, Sheet 2: REVISE the working hours specified in General Note 17 to read, “BETWEEN 7 A.M. AND 4 P.M.” ADD the following Construction Note: “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 2) Drawing 535-7, Sheet 5: ADD the following General Sheet Note: “2. CONTRACTOR SHALL NOT USE PARKING SPACES OR PUBLIC RIGHT OF WAY FOR STORAGE OR STAGING.” 3) Drawing 535-7, Sheet 6: ADD existing sewer service laterals at the following locations (to be field verified by Contractor): STA 11+81, STA 12+04, STA 12+09 and STA 12+83. ADD the following Construction Note at multiple water service installations (STA 11+55 and STA 13+93): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 4) Drawing 535-7, Sheet 7: ADD the following General Sheet Note: Contract No. 3904-C – Downtown and Terramar Water Main Replacement 3 Addendum No. 1 “1. CONTRACTOR SHALL INSTALL TEMPORARY HIGHLINE FOR EXISTING WATER SERVICES PER SPECIFICATION SECTION 15000.” ADD existing sewer service laterals at the following locations (to be field verified by Contractor): STA 11+39, STA 12+01 and STA 12+73. ADD the following Construction Note at multiple water service installations (STA 10+77): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 5) Drawing 535-7, Sheet 8: ADD the following General Sheet Note: “1. CONTRACTOR SHALL INSTALL TEMPORARY HIGHLINE FOR EXISTING WATER SERVICES PER SPECIFICATION SECTION 15000.” ADD the following Construction Note at multiple water service installations (STA 10+15, STA 10+81): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 6) Drawing 535-7, Sheet 9: ADD the following Construction Note at multiple water service installations (STA 12+65, STA 14+20): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 7) Drawing 535-7, Sheets 11: REVISE the location of 8” tee two feet north to “STA 12+22”. 8) Drawing 535-7, Sheets 13: REVISE the new water main alignment from STA 20+00 to STA 21+12 to provide 5 feet of separation from the existing water main. 9) Drawing 535-7, Sheet 14, 15 and 16: ADD the following General Sheet Note: “1. CONTRACTOR SHALL INSTALL TEMPORARY HIGHLINE FOR EXISTING WATER SERVICES PER SPECIFICATION SECTION 15000.” 10) Drawing 535-7, Sheet 15: ADD the following Construction Note at multiple water service installations (STA 14+97): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 11) Drawing 535-7, Sheet 16: ADD the following Construction Note at multiple water service installations (STA 17+35, STA 18+60): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” 12) Drawing 535-7, Sheet 17: ADD the following Construction Note at multiple water service installations (STA 19+90, STA 20+51): “52. REMOVE AND REPLACE EXISTING CURB, CURB AND GUTTER OR AC BERM” Contract No. 3904-C – Downtown and Terramar Water Main Replacement 4 Addendum No. 1 QUESTIONS AND ANSWERS 1) The project has a portion of 8” C900 PVC requiring the pipeline to be fully restrained and the project specs call for 8” FUSIBLE PVC C900 DR 14. Would the contractor be permitted to install 8” C900 Certa-Lok restrained joint PVC pipe as an approved equal? Response: The locations that call for fusible PVC pipe require a jointless pipe material to comply with State Division of Drinking Water requirements. The proposed material substitute will not be allowed. 2) Will the CMWD provide a contractor staging area? Response: No. The Contractor will have to secure a staging area. Staging is not permitted at the construction site locations or in City right-of-way. 3) What is the project start date? Response: The notice-to-proceed is estimated to be issued approximately 3 months after receipt of bids. 4) Will CMWD provide geotechnical reports to the prospective bidders? Response: A geotechnical report for the project is not available. Bidders may research available geologic or geotechnical data in the vicinity of each site: https://www.carlsbadca.gov/city-hall/clerk-services/city-records Contract No. 3904-C – Downtown and Terramar Water Main Replacement 5 Addendum No. 1 ATTACHMENT A REVISED CONTRACTOR'S PROPOSAL Contract No. 3904-C – Downtown and Terramar Water Main Replacement 6 Addendum No. 1 CARLSBAD MUNICIPAL WATER DISTRICT DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACEMENT CONTRACT NO. 3904-C CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 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. 3904-C in accordance with the Plans, Specifications, General Provisions, 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 (refer to Section 9-4 for bid item descriptions): SCHEDULE “A” Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) A-1 Mobilization (not to exceed 5% of Total Bid for all Bid Schedules combined) 1 LS $___________ A-2 Preconstruction Videos and photographs 1 LS $___________ A-3 Excavation Support System 1 LS $___________ A-4 Storm Water Pollution Prevention Plan (SWPPP) 1 LS $___________ Total amount of bid (in figures) for Schedule “A”: $ Total amount of bid (in words) for Schedule “A”: Contract No. 3904-C – Downtown and Terramar Water Main Replacement 7 Addendum No. 1 SCHEDULE “B” – Tierra del Oro Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) B-1 Temporary Traffic Control 1 LS $___________ B-2 Utility Potholing 1 LS $___________ B-3 AC Pipe Removal & Disposal 1 LS $___________ B-4 AC Pipe Testing 1 EA $___________ $___________ B-5 Furnish & Install 8-Inch PVC Water Main 780 LF $___________ $___________ B-6 Furnish & Install 8-Inch Gate Valve 4 EA $___________ $___________ B-7 Furnish & Install Fire Hydrant Assembly 2 EA $___________ $___________ B-8 Furnish & Install 2-Inch Manual Air Release/Blow-off Assembly 1 EA $___________ $___________ B-9 Furnish & Install 2-Inch Comb. Air & Vacuum Valve Assembly 1 EA $___________ $___________ B-10 Furnish & Install 2-Inch Water Service Assembly 20 EA $___________ $___________ B-11 Water Main Connection, Station 21+24 1 LS $___________ B-12 Abandon Existing Water Main 1 LS $___________ B-13 Over-excavation and Backfill 20 CY $___________ $___________ B-14 Pavement Restoration (Asphalt Concrete) 1 LS $___________ B-15 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “B”: $ Total amount of bid (in words) for Schedule “B”: Contract No. 3904-C – Downtown and Terramar Water Main Replacement 8 Addendum No. 1 SCHEDULE “C” – Shore Drive Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) C-1 Temporary Traffic Control 1 LS $___________ C-2 Utility Potholing 1 LS $___________ C-3 Furnish & Install Temporary Highline 1 LS $___________ C-4 AC Pipe Removal & Disposal 1 LS $___________ C-5 AC Pipe Testing 1 EA $___________ $___________ C-6 Furnish & Install 8-Inch PVC Water Main 1,210 LF $___________ $___________ C-7 Furnish & Install 6-Inch Gate Valve 6 EA $___________ $___________ C-8 Furnish & Install 8-Inch Gate Valve 2 EA $___________ $___________ C-9 Furnish & Install Fire Hydrant Assembly 2 EA $___________ $___________ C-10 Furnish & Install 2-Inch Manual Air Release/Blow-off Assembly 5 EA $___________ $___________ C-11 Furnish & Install 2-Inch Comb. Air & Vacuum Valve Assembly 1 EA $___________ $___________ C-12 Furnish & Install 1-Inch Water Service Assembly 32 EA $___________ $___________ C-13 Furnish & Install 2-Inch Water Service Assembly 1 EA $___________ $___________ C-14 Water Main Connection, Station 10+00 1 LS $___________ C-15 Water Main Connection, Station 22+08 1 LS $___________ C-16 Abandon Existing Water Main 1 LS $___________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 9 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) C-17 Over-excavation and Backfill 30 CY $___________ $___________ C-18 Pavement Restoration (Asphalt Concrete) 1 LS $___________ C-19 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “C”: $ Total amount of bid (in words) for Schedule “C”: SCHEDULE “D” – State Street Alley Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) D-1 Temporary Traffic Control 1 LS $___________ D-2 Utility Potholing 1 LS $___________ D-3 Furnish & Install Temporary Highline 1 LS $___________ D-4 AC Pipe Removal & Disposal 1 LS $___________ D-5 AC Pipe Testing 1 EA $___________ $___________ D-6 Furnish & Install 8-Inch PVC Water Main 400 LF $___________ $___________ D-7 Furnish & Install 8-Inch Fusible PVC Water Main 40 LF $___________ $___________ D-8 Furnish & Install 8-Inch Gate Valve 1 EA $___________ $___________ D-9 Furnish & Install 1-Inch Water Service Assembly 11 EA $___________ $___________ D-10 Water Main Connection, Station 10+35 1 LS $___________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 10 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) D-11 Water Main Connection, Station 14+76 1 LS $___________ D-12 Over-excavation and Backfill 10 CY $___________ $___________ D-13 Pavement Restoration (Asphalt Concrete) 1 LS $___________ D-14 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “D”: $ Total amount of bid (in words) for Schedule “D”: SCHEDULE “E” – Garfield Street Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) E-1 Temporary Traffic Control 1 LS $___________ E-2 Utility Potholing 1 LS $___________ E-3 Furnish & Install Temporary Highline (Sta 10+00 to 12+00) 1 LS $___________ E-4 AC Pipe Removal & Disposal 1 LS $___________ E-5 AC Pipe Testing 1 EA $___________ $___________ E-6 Furnish & Install 8-Inch PVC Water Main 1,000 LF $___________ $___________ E-7 Furnish & Install 8-Inch Gate Valve 8 EA $___________ $___________ E-8 Furnish & Install 12-Inch Gate Valve 2 EA $___________ $___________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 11 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) E-9 Furnish & Install Fire Hydrant Assembly 1 EA $___________ $___________ E-10 Furnish & Install 2-Inch Comb. Air & Vacuum Valve Assembly 1 EA $___________ $___________ E-11 Furnish & Install 2-Inch Manual Air Release/Blow-off Assembly 2 EA $___________ $___________ E-12 Furnish & Install 6-Inch Fire Service & Connection 1 EA $___________ $___________ E-13 Furnish & Install 1-Inch Water Service Assembly 38 EA $___________ $___________ E-14 Water Main Connection, Station 10+00 1 LS $___________ E-15 Water Main Connection, Station 15+49 1 LS $___________ E-16 Water Main Connection, Station 18+54 1 LS $___________ E-17 Water Main Connection, Station 18+89 1 LS $___________ E-18 Abandon Existing Water Main 1 LS $___________ E-19 Over-excavation and Backfill 30 CY $___________ $___________ E-20 Pavement Restoration (Asphalt Concrete) 1 LS $___________ E-21 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “E”: $ Total amount of bid (in words) for Schedule “E”: Contract No. 3904-C – Downtown and Terramar Water Main Replacement 12 Addendum No. 1 SCHEDULE “F” – Hemlock Avenue Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) F-1 Temporary Traffic Control 1 LS $___________ F-2 Utility Potholing 1 LS $___________ F-3 Furnish & Install Temporary Highline 1 LS $___________ F-4 AC Pipe Removal & Disposal 1 LS $___________ F-5 AC Pipe Testing 1 EA $___________ $___________ F-6 Furnish & Install 8-Inch PVC Water Main 520 LF $___________ $___________ F-7 Furnish & Install 8-Inch Gate Valve 5 EA $___________ $___________ F-8 Furnish & Install 10-Inch Gate Valve 2 EA $___________ $___________ F-9 Furnish & Install Fire Hydrant Assembly 1 EA $___________ $___________ F-10 Furnish & Install 2-Inch Comb. Air & Vacuum Valve Assembly 1 EA $___________ $___________ F-11 Furnish & Install 6-Inch Fire Service & Connection 1 EA $___________ $___________ F-12 Furnish & Install 1-Inch Water Service Assembly 14 EA $___________ $___________ F-13 Water Main Connection, Station 10+00 1 LS $___________ F-14 Water Main Connection, Station 15+17 1 LS $___________ F-15 Abandon Existing Water Main 1 LS $___________ F-16 Over-excavation and Backfill 10 CY $___________ $___________ F-17 Pavement Restoration (Asphalt Concrete) 1 LS $___________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 13 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) F-18 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “F”: $ Total amount of bid (in words) for Schedule “F”: SCHEDULE “G” – Juniper Avenue Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) G-1 Temporary Traffic Control 1 LS $___________ G-2 Utility Potholing 1 LS $___________ G-3 AC Pipe Removal & Disposal 1 LS $___________ G-4 AC Pipe Testing 1 EA $___________ $___________ G-5 Furnish & Install 8-Inch PVC Water Main 530 LF $___________ $___________ G-6 Furnish & Install 8-Inch Gate Valve 7 EA $___________ $___________ G-7 Furnish & Install 10-Inch Gate Valve 2 EA $___________ $___________ G-8 Furnish & Install Fire Hydrant Assembly 2 EA $___________ $___________ G-9 Furnish & Install 2-Inch Comb. Air & Vacuum Valve Assembly 1 EA $___________ $___________ G-10 Furnish & Install 2-Inch Manual Air Release/Blow-off Assembly 1 EA $___________ $___________ G-11 Furnish & Install 4-Inch Fire Service and Connection 1 EA $___________ $___________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 14 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) G-12 Furnish & Install 1-Inch Water Service Assembly 23 EA $___________ $___________ G-13 Water Main Connection, Station 10+00 1 LS $___________ G-14 Water Main Connection, Station 15+22 1 LS $___________ G-15 Abandon Existing Water Main 1 LS $___________ G-16 Over-excavation and Backfill 10 CY $___________ $___________ G-17 Pavement Restoration (Asphalt Concrete) 1 LS $___________ G-18 Pavement Restoration (Portland Cement Concrete) 1 LS $___________ Total amount of bid (in figures) for Schedule “G”: $ Total amount of bid (in words) for Schedule “G”: Total amount of bid (in figures) for Schedules “A”, “B”, “C”, “D”, “E”, “F” and “G”: $ Total amount of bid (in words) for Schedules “A”, “B”, “C”, “D”, “E”, “F” and “G”: Carlsbad Municipal Water District shall determine the low bid based on the sum of Schedules “A”, “B”, “C”, “D” “E”, “F” and “G”. Price(s) given above are firm for 90 days after the 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 District 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 Contract No. 3904-C – Downtown and Terramar Water Main Replacement 15 Addendum No. 1 Board of Directors of the Carlsbad Municipal Water District, the District 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 registration 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 District 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 District § 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 Board 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 Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ______________________________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 3904-C – Downtown and Terramar Water Main Replacement 16 Addendum No. 1 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 ___________________________________________________________________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 17 Addendum No. 1 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _______________________________________ __________________________________________________________________________ (2) _________________________________________________________________________ (Signature) ____________________________________________________________________________ (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _______________________________________ (4) Place of Business ________________________________________________________ (Street and Number) City and State _____________________________________________________________ (5) Zip Code _____________________ Telephone No. _______________________________ (6) E-Mail ___________________________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ Contract No. 3904-C – Downtown and Terramar Water Main Replacement 18 Addendum No. 1 ATTACHMENT B REVISED SECTION 6-2.2 Revised 6/15/17 Contract No. 3904-C Page 95 of 159 1. Submit construction schedule, schedule of values, working drawings and shop drawings and secure necessary permits and approvals in accordance with the Contract Documents. 2. Secure off-site staging area(s). 3. Conduct surveying and staking of the pipeline alignments, locations of appurtenances limits of right-of-way or easements and pre-construction video and photographs. Conduct Underground Service Alert (DigAlert) notification and utility mark-out. Mobilize labor force, materials and equipment for subsequent phases of Work and install temporary facilities and BMPs, traffic control and excavation safety measures. 4. Coordinate with the Agency’s cultural resources and archaeological monitors for observation during all excavation activities, except for State Street Alley. 5. Pothole all utilities that cross or parallel (within 5 feet of) planned excavations and immediately notify the Engineer of any potential conflicts. Submit potholing data in accordance with Section 2-5.3. Pavement saw-cutting or excavation shall not commence at any construction heading until the project alignments have been staked and existing utilities have been potholed and confirmed by the Contractor to have no conflict with the Work. 6. Submit a pipeline highlining plan for all domestic water or fire services to be highlined during the Work as noted or required by the Contract Documents. Temporary water meter shall be secured by the Contractor. The water source location shall be as approved by CMWD. 7. Submit a Utility Shutdown/Connection Request (Form E-28, Appendix “C”) with two weeks advance notice and all required information. CMWD forces will isolate the existing water main for each construction heading on the date so approved. The Contractor shall dewater the pipeline and excavations. 8. Construct the new pipelines, isolation valves, appurtenances (e.g., air valve and blow-off assemblies) and utility services as required and remove existing pipelines or appurtenances specified for removal or that are abandoned (or to be abandoned) and in conflict with the work. Install thrust restraint systems and backfill all excavations. 9. Conduct hydrostatic pressure testing and disinfection of new pipe systems. 10. Complete the connections to the existing water mains, place and compact backfill, aggregate base, and restore finished surfaces to original or better condition, including but not limited to, pavement and existing landscape and irrigation repairs in areas disturbed by construction. 6-2.2 Construction Phasing. The following construction phase guidelines are provided for the Contractor’s use in developing the construction schedule and a Work Plan that describes the labor, materials, equipment and procedures to conduct the Work. The phasing guidelines listed herein are not intended to be a complete list of all construction activities and shall not relieve the Contractor from its responsibilities to coordinate and perform the Work, revise the phasing descriptions, or to develop additional phases or revise the order of phasing as necessary to complete the Work in its entirety in accordance with the Contract Documents. The Contractor shall develop a detailed Work Plan describing the materials, equipment and procedures for each phase of the Work and submit the Work Plan in accordance with Section 2-5.3. Any modification of the phasing described below shall be approved by the Engineer. Phase 1. Tierra del Oro with connections in Carlsbad Blvd: 1. Construct new water main, appurtenances and water services in Tierra del Oro. Revised 6/15/17 Contract No. 3904-C Page 96 of 159 2. Connect new water main to existing water main in Tierra del Oro (Sta 21+24). 3. Connect private water and fire services to the new water services. 4. Abandon existing water mains in Tierra del Oro. Phase 2. Shore Dr with connections in Carlsbad Blvd: 1. Highline existing water services. Water supply for highline is available from existing hydrants at Sta 12+12 and Sta 19+99. Pipeline construction shall be phased to accommodate the proposed highlining plan. 2. Construct new water main, appurtenances and water services in Shore Dr. 3. Connect new water main to existing water main in Carlsbad Blvd (Sta 10+00 and Sta 22+08). 4. Connect private water and fire services to the new water services. 5. Abandon the existing water main in Shore Dr. Phase 3. State Street Alley with connections at Grand Ave and Carlsbad Village Drive: 1. Highline existing water services. Water supply for highline is available from an existing fire hydrant at the southwest corner of Grand Ave and State St. 2. Remove existing AC water main and obtain sample(s) for testing. 3. Construct new water main, appurtenances and water services. 4. Connect new water main to existing water mains on Grand Ave and Carlsbad Village Drive. 5. Connect existing private water services to the new water services. Phase 4. Garfield Street with connection on Chinquapin Ave and termination near Hubbs Sea World Research Center connection: 1. Construct new water main, appurtenances and water services south of Chinquapin Ave to the south end of the alignment near Hubbs Sea World Research Center connection (Sta 11+60 to Sta 19+49). 2. Connect new water main in Garfield St to existing water main in Olive Ave (Sta 18+54) and to Hubbs Sea World Research water service (Sta 18+89). Service interruption to Hubbs Sea World Research shall not exceed 4 hours. 3. Connect new water main in Garfield St to existing water main in Date Ave (Sta 15+49). 4. Connect private water services south of Olive Ave (Sta 18+54) to new water services. Revised 6/15/17 Contract No. 3904-C Page 97 of 159 5. Connect private water services south of Date Ave (Sta 15+49 to Sta 18+54) to new water services. 6. Connect private water services south of Chinquapin Ave (Sta 11+60 to Sta 15+49) to new water services. 7. Highline existing water services between Sta 10+00 and 11+60. Water supply for highline shall be established from a temporary cap and blowoff on the new pipeline near Sta 11+60. 8. Construct new water main, appurtenances and water services south of Chinquapin Ave (Sta 10+00 to Sta 11+45). 9. Connect new water main to existing 12” water main on Chinquapin Ave (Sta 10+00) and to new water main at Sta 11+60. 10. Connect private water services south of Chinquapin Ave (Sta 10+00 to Sta 11+60) to new water services. 11. Abandon existing 6” water main in Garfield St and its connections at Chinquapin Ave, Olive Ave and Date Ave. Phase 5. Hemlock Ave with connections on Carlsbad Blvd and Garfield St: 1. Highline existing water services. Water supply for highline is available from existing fire hydrants near Carlsbad Blvd and east of Garfield St. Pipeline construction shall be phased to accommodate the proposed highlining plan. 2. Construct new water main, appurtenances and water services in Hemlock Ave. 3. Connect new water main in Hemlock Ave to existing water mains in Carlsbad Blvd and Garfield St. 4. Connect private water and fire services to the new water services. 5. Abandon the existing water main in Hemlock Ave. Phase 6. Juniper Ave with connections on Carlsbad Blvd and Garfield St: 1. Construct new water main, appurtenances and water services in Juniper Ave. 2. Connect new water main to existing water mains in Carlsbad Blvd and Chinquapin Ave. 3. Connect private water and fire services to the new water services. 4. Abandon the existing water main in Juniper Ave. 6-2.2.1 Phasing Criteria. The Contractor shall accommodate the following criteria into the construction schedule and Work Plan: Contract No. 3904-C – Downtown and Terramar Water Main Replacement 19 Addendum No. 1 ATTACHMENT C REVISED SECTION 9-4 Revised 6/15/17 Contract No. 3904-C Page 128 of 159 as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), payment will be made at forty percent (40%) of the amount bid for Mobilization and Preparatory Work. For the second progress payment, payment will be made at fifty percent (50%) of the amount bid for Mobilization and Preparatory Work. The remaining 10% of the amount bid for Mobilization and Preparatory Work will be made when all punch list items are signed-off and completed to the satisfaction of the City Inspector, and the Contractor has completely demobilized from the project site(s). 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Mobilization and Preparatory Work The contract price paid for this bid item shall constitute payment for all mobilization work in accordance with Section 9-3.4 of these General Conditions. A Class “C” field office per Section 8-2.3 will not be required for this project. A field laboratory or bathhouse facilities will not be required. Preconstruction Video and Photographs The contract price for work under this item shall include, but not be limited to, furnishing all labor, material, tools and equipment, and performing all work required for preconstruction video and photographs and all other work necessary to complete this item of work as described in the Contract Documents. Excavation Support System The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, bracing, sloping or equivalent method of support for excavations for the protection of life or limb which shall conform to applicable safety orders. This includes, but is not limited to, the preparation and submittal of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground in or adjacent to trenches or open excavations, and acceptance of said plan by the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the excavation support system standards of CCR, Title 8, Section 1541.1, the plan shall be prepared by a California registered civil or structural engineer. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety. Stormwater Pollution Prevention Plan The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, tools, equipment and incidentals for preparing, amending and implementing the SWPPP in accordance with Section 7-8.6 and 300-12. Revised 6/15/17 Contract No. 3904-C Page 129 of 159 Temporary Traffic Control The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment and incidentals, prepare traffic control plans and implement temporary traffic control systems, complete in-place and in accordance with the Contract Documents, including Sections 7-10.1 through 7-10.3 and 601 and its subsections. Utility Potholing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to determine, by potholing, the location and depth of all existing utilities in accordance with the Contract Documents. This bid item shall include notification to Underground Service Alert and utility mark-out, coordination and standby inspection of potholing excavations, backfilling of excavations, patching of pothole excavations with temporary AC paving, and submitting results to the Engineer in advance of pavement saw-cutting or excavations. Furnish and Install Temporary Highline The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install temporary highline for domestic water services or fire services in accordance with the Contract Documents. The price paid shall include, but is not limited to, submittal of a highlining plan; securing temporary water meter; backflow prevention device; all piping, fittings and isolation valves; disinfection; temporary asphalt (cold mix); protective ramps or plating; maintenance of the highline system for the duration of the work; removal of the system upon reconnection of water or fire services; and site restoration. Materials used for the temporary highline shall be ANSI/NSF 61 certified with a working pressure rating of not less than 150 psi. Highlining of existing water services will be required on State Street Alley, Hemlock Avenue, Garfield Street and Shore Drive. Payment for Temporary Highline at other locations, if necessitated by the Contractor’s phasing, means or methods, shall be considered included in the Water Main bid item and no separate payment shall be made therefor. Asbestos Cement Pipe Removal and Disposal The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to remove and dispose existing asbestos cement pipe in accordance with the Contract Documents. This item shall include the preparation and submittal of any required health and safety plans; excavation; dewatering; removal of ACP; labeling, bagging and sealing samples for AC Pipe Testing; polyethylene encasement of AC pipe to be disposed; placement of ACP in designated waste containers; legal disposal of pipe and all incidental work in accordance with applicable regulations. Asbestos Cement Pipe Testing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to provide asbestos cement pipe testing in accordance with Section 02262 of the Carlsbad Engineering Standards and other requirements of the Contract Documents. Furnish and Install PVC Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new polyvinyl chloride (PVC) water main of the size and to the limits specified in accordance with the Contract Documents. This bid item shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any Revised 6/15/17 Contract No. 3904-C Page 130 of 159 required water disposal; removal of existing or to be abandoned conduits or structures; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; hardware; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Fusible PVC Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new fusible polyvinyl chloride (fusible PVC) water main of the size and to the limits specified in accordance with the Contract Documents. Work shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe and fusion services; hardware; fittings; corrosion protection of fittings and hardware; thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Gate Valve The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new resilient wedge gate valve of the size specified and valve box assembly per CMWD Standard Drawings and in accordance with the Contract Documents. This bid item shall include gaskets; hardware; corrosion protection coatings; polyethylene encasement; valve support blocks; thrust restraint fittings or concrete thrust blocks; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. Gate valves installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items. Furnish and Install Fire Hydrant Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new fire hydrant assembly per CMWD Standard Drawing No. W-17 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; pipe; pipe spools; fittings; gate valve; hydrant; valve support blocks; thrust restraint fittings or concrete thrust blocks; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill; appurtenance pads; protection posts; fire hydrant markers and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-Inch Combination Air & Vacuum Valve Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new combination air and vacuum valve assembly per CMWD Standard Drawing No. W-12 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; piping; isolation valves; fittings; combination Revised 6/15/17 Contract No. 3904-C Page 131 of 159 air valve and enclosure; appurtenance pad; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-Inch Manual Air Release/Blow Off Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new manual air release/blow-off assembly per CMWD Standard Drawing No. W-10 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; piping; valves; fittings; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Fire Service and Connection The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new fire service of the size specified and connection to the existing per CMWD Standard Drawing No. W-9 (excluding the piping and backflow prevention device outside of the public right-of-way) and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; pipe; fittings; gate valve; valve box assembly and site restoration. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-inch Water Service Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new water service assembly per CMWD Standard Drawing No. W-4 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; service saddle; corporation stop; copper tubing; fittings; angle meter valve; sacrificial anodes; meter box and site restoration. New water meters, where needed, will be furnished and installed by the District. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 1-inch Water Service Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new water service assembly per CMWD Standard Drawing No. W-3 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; service saddle; corporation stop; copper tubing; fittings; angle meter valve; sacrificial anodes; meter box and site restoration. New water meters, where needed, will be furnished and installed by the District. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Revised 6/15/17 Contract No. 3904-C Page 132 of 159 Water Main Connection (Station per Bid Schedule) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment not included in any other bid item and connect the new pipeline to the existing water main at the stations identified on the bid schedule in accordance with the Contract Documents. This item shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; pipe; fittings; disinfection; bacteriological testing; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which shall be measured and paid for under a separate bid item. Abandon Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and slurry fill, cut and plug, and abandon in-place existing water mains in accordance with the Contract Documents. This item shall include all excavation, dewatering, concrete slurry filling or plugging of pipe to be abandoned in-place, removing valve box and lid, backfill of excavations and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Over-excavation and Backfill The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and remove unsuitable materials encountered in the trench subgrade to a depth of 12 inches, disposal in accordance with applicable regulations, and placement of imported pipe zone backfill to the design trench subgrade elevation. The removal limits shall be as ordered by the Engineer. Pavement Restoration (Asphalt Concrete) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and place asphalt concrete pavement, complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-25 or GS-26, as modified) and other requirements of the Contract Documents. The price paid shall include, but not be limited to saw-cutting and cold milling not included in any other bid item; subgrade preparation; importing, placing and compacting aggregate base; applying tackifiers; placing and compacting asphalt concrete along the water main trench, service piping, appurtenances and excavations for abandoned water mains or other areas damaged by construction; and applying seal coat. Pavement that is damaged during construction, when such damage could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense. Payment for AC pavement restoration shall be based on Carlsbad Standard Drawing No. GS-17 and the following: Carlsbad Boulevard: 5” asphalt concrete over 14” aggregate base All other streets: 4” asphalt concrete over 9” aggregate base Pavement Restoration (Portland Cement Concrete) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and construct Portland cement concrete flatwork, pavement, curb and gutter, complete in-place, in accordance with the Contract Documents. The price paid shall include, but not be limited to saw-cutting; subgrade preparation; importing, placing and compacting aggregate base; formwork; steel reinforcement; concrete; curing and all incidental Revised 6/15/17 Contract No. 3904-C Page 133 of 159 work or services. Portland cement concrete improvements that are damaged during construction, when such damage could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense. Payment for Portland cement concrete restoration shall be based on the applicable Carlsbad Standard Drawings (GS series) or San Diego Regional Standard Drawings, as modified. Refer to Volume 3 of the Carlsbad Engineering Standards: https://www.carlsbadca.gov/home/showpublisheddocument/334/637877864920570000 Contract No. 3904-C – Downtown and Terramar Water Main Replacement 20 Addendum No. 1 ATTACHMENT D MODIFIED CARLSBAD ENGINEERING STANDARDS GS-25 & GS-26 Contract No. 3904-C – Downtown and Terramar Water Main Replacement 21 Addendum No. 1 ATTACHMENT E REVISED PLANS CITY OF CARLSBAD Downtown and Terramar Small Diameter Water Main Replacement Contract No. 3904-C Bid No. PWS22-1844UTIL Addendum No. 2 From: Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov No. of Pages: 1 page (including this page) Date: July 13, 2022 Bid Opening Date: July 21, 2022 - 11:00 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. QUESTIONS AND ANSWERS Fusible PVC is being used specifically from Station 14+30 to 14+70, and the fused joint is also considered a restrained joint. Is Fusible PVC acceptable to use in the other restrained joint sections as well? Response: CMWD would allow the use of fusible PVC in the other restrained joint sections per City of Carlsbad Engineering Standards Volume 2 Potable and Recycled Water Standards Approved Materials List for PVC pipe restrained joints. Revised 6/15/17 Contract No. 3904-C Page 50 of 158 GENERAL PROVISIONS FOR DOWNTOWN AND TERRAMAR SMALL DIAMETER WATER MAIN REPLACMENT CONTRACT NO. 3904-C CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise. 1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete and in-place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 6/15/17 Contract No. 3904-C Page 51 of 158 Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency – the Carlsbad Municipal Water District. 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, the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. Caltrans – The State of California, Department of Transportation. Cash Contract – A Contract financed by means other than special assessments. Certificate of Compliance – A written document signed and submitted by a supplier or manufacturer that certifies that the material or assembled material supplied to the Work site conforms to the requirements of the Contract Documents. Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work. Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the Contract Documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Revised 6/15/17 Contract No. 3904-C Page 52 of 158 Provisions, permits, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Contract Time - The number of Working Days to complete the Work as specified in the Contract Documents. 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. Critical Path – In the construction schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Defective Work - Work that does not conform to the requirements of the Contract Documents. Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection Department, the Construction Manager’s immediate supervisor and the Engineer’s designated representative. The Deputy City Engineer is the 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 or Executive 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. Disputed Work – Work in which the Agency and the Contractor are in disagreement. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Engineer of Record/Design Engineer – A registered professional engineer licensed in the State of California who is qualified to act as an agent of a project owner or to prepare plans for facilities to be accepted by the City of Carlsbad or the Carlsbad Municipal Water District. The term includes persons licensed in the State of California as Civil Engineers or Structural Engineers Revised 6/15/17 Contract No. 3904-C Page 53 of 158 Extra Work – New or unforeseen work not covered by a Contract Unit Price or Stipulated Unit Price. Float – The number of days by which an activity in the construction schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion. Holiday – Holidays and the days observed are listed below. If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the holiday falls on a Sunday, it is observed the following Monday. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on holidays. New Year’s Day January 1 Martin Luther King Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11 Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day December 25 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. Night Work – See Working Night. Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Revised 6/15/17 Contract No. 3904-C Page 54 of 158 Own Organization - When used in Sections 2-3.1 and 2-3.2 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. Further, “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 Sections 2-3.1 and 2-3.2. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Shop Drawings – Drawings showing the details of manufactured or assembled products proposed to be incorporated into the Work. Special Provisions – Revisions to the Standard Specifications setting forth conditions and requirements peculiar to the Work. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 6/15/17 Contract No. 3904-C Page 55 of 158 Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”. State – State of California. Stipulated Unit Price – Unit prices established by the Agency in the Contract Documents. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water. Street – Any road, highway, parkway, freeway, alley, walk, or way. Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – See Special Provisions. 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, pipelines, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 6/15/17 Contract No. 3904-C Page 56 of 158 Working Drawings – Drawings showing the details not shown on the Plans which are required to be designed by the Contractor. Working Night – A period of night-time work, allowed only on Sunday through Thursday, excluding holidays. 1-3 ABBREVIATIONS. 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words 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 .............................................................. Benchmark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL ..................................................................Column COMM ....................................................... Commercial 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 D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton Revised 6/15/17 Contract No. 3904-C Page 57 of 158 ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&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 G ........................................................................... 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 GP ..................................................................Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HDWL ........................................................... Headwall HGL .............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ...................................................................Live load LOL .............................................................Layout line LONG ........................................................Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum LTS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer Revised 6/15/17 Contract No. 3904-C Page 58 of 158 RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent 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 STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO ............................. American Association of State Highway and Transportation Officials ACI .................................................................................................... American Concrete Institute AISC ...............................................................................American Institute of Steel Construction ANSI ................................................................................. American National Standards Institute AREA ........................................................................ American Railway Engineering Association ASME ........................................................................ American Society of Mechanical Engineers ASQ ................................................................................................. American Society for Quality ASTM ........................................................................ American Society for Testing and Materials AWPA ............................................................................ American Wood Preservers Association AWS ................................................................................................... American Welding Society AWWA .................................................................................. American Water Works Association EEI ........................................................................................................... Edison Electric Institute EIA ...................................................................................................Electronic Industries Alliance EPA ......................................................................................... Environmental Protection Agency ETL ............................................................................................... Electrical Testing Laboratories FCC .................................................................................. Federal Communications Commission FHWA ......................................................................................... Federal Highway Administration GRI ............................................................................................ Geosynthetic Research Institute IEEE ................................................................... Institute of Electrical and Electronics Engineers Revised 6/15/17 Contract No. 3904-C Page 59 of 158 IMSA ............................................................................International Municipal Signal Association ISSA ............................................................................ International Slurry Surfacing Association ITE ....................................................................................... Institute of Transportation Engineers NCHRP ........................................................... National Cooperative Highway Research Program NEMA .................................................................... National Electrical Manufacturers Association NSF .................................................................................................National Science Foundation OSHA ..................................................................Occupational Safety and Health Administration PPI .............................................................................................................. Plastics Pipe Institute RUS ............................................................................................................ Rural Utilities Service SAE ........................................................................................... Society of Automotive Engineers SSPC ........................................................................................... Society for Protective Coatings UL ................................................................................................. Underwriters' Laboratories Inc. 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 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-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): Revised 6/15/17 Contract No. 3904-C Page 60 of 158 °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 (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103 centi (c)..................................................................................................10-2 milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12 1-5 SYMBOLS. Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Revised 6/15/17 Contract No. 3904-C Page 61 of 158 SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the board, except that the contractor may assign money due or which will accrue to it under the contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: “(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.” If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 6/15/17 Contract No. 3904-C Page 62 of 158 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Revised 6/15/17 Contract No. 3904-C Page 63 of 158 The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 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 commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, Supplemental Provisions, Project Technical Specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction (SSPWC) and the latest supplements thereto, Revised 6/15/17 Contract No. 3904-C Page 64 of 158 2021 edition as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The Plans shall consist of the construction drawings, Drawing No. 535-7 issued under this Contract. The Standard Drawings consist of the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Modified standard drawings, if applicable, are enclosed in the appendices to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict in the Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract. 5. Carlsbad General and Supplemental Provisions. 6. Carlsbad Engineering Standards. 7. Technical Specifications. 8. Plans. 9. Standards Plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. Revised 6/15/17 Contract No. 3904-C Page 65 of 158 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). 10. Standard Specifications for Public Works Construction, as amended. 11. Reference Specifications. 12. Manufacturer’s Installation Recommendations Detail drawings shall take precedence over general drawings. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Caltrans Specifications. Where Caltrans specifications are used to modify the SSPWC or are added to the SSPWC by the Contract Documents, the Caltrans specifications shall have precedence only in reference to the materials referred to in the Caltrans specifications. The documents listed in Section 2-5.2 above, in their order of precedence above, 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. One electronic (PDF) file shall be submitted. If revisions are required, the Engineer will return one redlined copy for resubmission. Upon acceptance, the Engineer will return one electronic copy to the Contractor. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be 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 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The letter of transmittal shall contain the following: 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor’s certification statement. 4. Specification section number(s) pertaining to material submitted for review. Revised 6/15/17 Contract No. 3904-C Page 66 of 158 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. 8. The signature, printed name, title and company name of the Contractor’s representative. The Contractor shall subscribe to and shall place the following certification on all submittals: “I hereby certify that the (equipment, material, procedure(s)) 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.” Or “I hereby certify that the (equipment, material, procedure(s)) contained herein meet all requirements shown or specified in the Contract Documents, except for the following deviation(s): .” The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material, procedure(s)) 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.” Or "I hereby certify that the (equipment, material, procedure(s)) contained herein meet all requirements shown or specified in the Contract Documents, except for the following deviation(s): .” 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. Working drawings are required in the following sections: Revised 6/15/17 Contract No. 3904-C Page 67 of 158 TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 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 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Three hard copies and one electronic (PDF) file of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, one red lined copy will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1 and Work Plan per 6-2.2. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 9. Temporary highline plan per Carlsbad Engineering Standards. Revised 6/15/17 Contract No. 3904-C Page 68 of 158 2-5.4 Record Drawings. The Contractor shall maintain a complete "as-built" record set of blue-line prints, which shall be corrected in red ink daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, conduits, 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 record drawing at the final walk-through 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 walk-through meeting date and shall reflect any additional punch list items. Payment for the upkeep, revision, and submittal of the record drawings shall be included in the lump sum price for mobilization. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the engineer. The Contractor may make independent investigations of the project site, including evaluation of the soil or groundwater conditions and/or the presence of rock, in order to characterize the subsurface conditions that may be encountered to the Contractor’s satisfaction. The costs for such investigations shall be considered included in the bid price and no additional compensation will be made therefor. 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 time 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, when indicated on the Plans, will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and restoring additional work areas and removing and/or disposing of 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 General. The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall set and preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be performed at the expense of the Contractor. Revised 6/15/17 Contract No. 3904-C Page 69 of 158 The Contractor shall notify the Engineer in writing at least 2 Working Days before survey services in connection with the laying out of any portion of the Work. The Contractor shall set all stakes for line and grade. Unless otherwise specified in the Special Provisions, stakes will be set and stationed for alignments for pipelines (sewers, storm drains, potable water, recycled water) and their appurtenances, curbs, headers, structures, rough grade, finish grade and right-of-way or easement boundaries. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet. 2-9.2 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 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 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. 2-9.4 Payment for Survey, Payment for survey work shall be included in the bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and Revised 6/15/17 Contract No. 3904-C Page 70 of 158 interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these Specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 6/15/17 Contract No. 3904-C Page 71 of 158 SECTION 3 – CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Revised 6/15/17 Contract No. 3904-C Page 72 of 158 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement 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 specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material 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. Revised 6/15/17 Contract No. 3904-C Page 73 of 158 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by Caltrans, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 6/15/17 Contract No. 3904-C Page 74 of 158 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 Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor …………………………..… 20 2. Materials .……………………….. 15 3. Equipment Rental ……………… 15 4. Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. Revised 6/15/17 Contract No. 3904-C Page 75 of 158 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655: Revised 6/15/17 Contract No. 3904-C Page 76 of 158 “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: ___________________________________ Title: ______________________________ Date: _________________________________ Company Name: ______________________________________________________________ The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. 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 4. City Engineer 5. Executive Manager, Carlsbad Municipal Water District 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 District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested, the District 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 Executive Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 6/15/17 Contract No. 3904-C Page 77 of 158 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 Section 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 University, 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, political 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 department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction 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 Revised 6/15/17 Contract No. 3904-C Page 78 of 158 disputed and 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 governing 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 dispute. 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 settlement 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 board 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 private 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. Revised 6/15/17 Contract No. 3904-C Page 79 of 158 (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 request 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 presented 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 contractual 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 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Revised 6/15/17 Contract No. 3904-C Page 80 of 158 local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: Revised 6/15/17 Contract No. 3904-C Page 81 of 158 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 6/15/17 Contract No. 3904-C Page 82 of 158 SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 6 inches and vitrified clay and cast-iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in Revised 6/15/17 Contract No. 3904-C Page 83 of 158 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall Revised 6/15/17 Contract No. 3904-C Page 84 of 158 furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the Contract Documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. Revised 6/15/17 Contract No. 3904-C Page 97 of 158 7. Connect new water main in Garfield St to existing water main in Olive Ave (Sta 18+54). 8. Connect new water main in Garfield St to existing water main in Date Ave (Sta 15+49). 9. Abandon existing 6” water main in Garfield St and its connections at Chinquapin Ave, Olive Ave and Date Ave. Phase 5. Hemlock Ave with connections on Carlsbad Blvd and Garfield St: 1. Construct new water main, appurtenances and water services in Hemlock Ave. 2. Connect new water main in Hemlock Ave to existing water mains in Carlsbad Blvd and Garfield St. 3. Connect private water and fire services to the new water services. 4. Abandon the existing water main in Hemlock Ave. Phase 6. Juniper Ave with connections on Carlsbad Blvd and Garfield St: 1. Construct new water main, appurtenances and water services in Juniper Ave. 2. Connect new water main to existing water mains in Carlsbad Blvd and Chinquapin Ave. 3. Connect private water and fire services to the new water services. 4. Abandon the existing water main in Juniper Ave. 6-2.2.1 Phasing Criteria. The Contractor shall accommodate the following criteria into the construction schedule and Work Plan: 1. All construction activities shall meet the scheduling restrictions identified in these specifications or as determined by CMWD during review of the Contractor’s Work Plan. 2. Utility Shutdown/Connection Request (Form E-28) must be submitted at least two weeks prior to the desired shutdown date. 3. Contractor shall submit a Site Work Plan. The Work Plan shall identify staging areas; describe the methods for the protection of private improvements and existing utilities; and include a listing of materials and equipment, construction schedule and all details necessary to complete the work. 4. Contractor shall coordinate with cultural resources and archaeological monitors for observation during all excavation activities at all sites except for State Street Alley. No excavation work shall be performed without cultural and archaeological monitor present. 5. Excavations must be backfilled or securely shored and plated at the end of each work day. Excavations in State Street Alley must be plated and the work area open for pedestrian and vehicle traffic by 1:00 pm every Wednesday. 6. When water or fire service interruptions are necessary and approved, no customer shall be without water for longer than 8 hours. If the planned water service shutdown duration exceeds 8 hours, the Contractor shall submit a highline plan for approval and provide all highlining prior to the shutdown. 7. Each excavation for pipeline connections or dewatering points shall be lined with plastic sheeting and a layer of ¾” rock with a sump and pump for dewatering. Existing isolation Revised 6/15/17 Contract No. 3904-C Page 98 of 158 valves may not provide drip-tight shut off and the Contractor shall implement all means and methods necessary to handle water leakage during pipeline connection work. 8. At least 2 working days prior to the shutdown: a. All underground utilities and pipe diameters shall be verified in the presence of the Inspector; b. All dewatering shall be functioning and demonstrated to the Inspector; 9. Excavations shall be backfilled and base paved within 3 working days of energizing the respective pipeline segment. 10. The site shall be fully restored and completed within 15 working days of energizing the last pipeline segment. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. The Contractor shall include 15 working days for coordination with the Archaeological and Cultural Monitor in the construction schedule. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension and compensation in accordance with 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 Revised 6/15/17 Contract No. 3904-C Page 99 of 158 subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be 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 interest of the Agency. Revised 6/15/17 Contract No. 3904-C Page 100 of 158 The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in calendar days. The Contractor shall diligently prosecute the work to completion within 420 calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, Revised 6/15/17 Contract No. 3904-C Page 101 of 158 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. In addition to Agency holidays, open excavations and service shutdowns will not be allowed on the day prior to Thanksgiving and between December 23 and January 1. Main line or service shutdowns will not be allowed on Mondays and Fridays. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays and other restricted days as specified in 6-2. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited elsewhere in the Contract Documents into the construction schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer may require after hours or weekend work if required for the protection and safety of existing facilities, workers or the public. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an inspection within five days of the Contractor’s request. The Contractor and Inspector shall attend the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies. A review of the red-line record drawings and asset schedule shall also be completed at the Site Walk-Through and all red-line deficiencies will be added to the List of Deficiencies. 6-8.2 List of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist) within five working days. The Contractor shall then have 10 working days to perform corrective work and provide a written response to each punchlist item. Revised 6/15/17 Contract No. 3904-C Page 102 of 158 6-8.3 Site Follow-Up Walk-Through. Upon receipt of written responses to the List of Deficiencies, the Inspector will complete a follow-up inspection. Any outstanding deficiencies will be noted and returned to the Contractor. Outstanding deficiencies will delay full payment of any relevant bid items. 6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector’s permission, the Contractor may submit written assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified through the Site Walk-Through process have been addressed and request a Final Inspection to demonstrate project completion to the Agency. The Contractor shall provide an attachment to the Request for Final Inspection with the Contractor’s written response to each deficiency. The Request for Final Inspection shall not be considered complete without the Contractor’s written response to each deficiency. 6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall attend the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection. The red-line record drawings and asset schedules shall also be reviewed. If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to complete the corrective work. 6-8.6 Request for Completion. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies are corrected by the Contractor, and the Engineer is satisfied that all of the Work meets the requirements of the Contract Documents. Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency’s approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed. 6-8.7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion within 2 working days. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter. The completion date will be the date to which liquidated damages will be computed. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work. 6-8.8 Acceptance. Acceptance will occur after all the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board’s acceptance of the Work, the Agency 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 acceptance of the Work. Revised 6/15/17 Contract No. 3904-C Page 103 of 158 6-8.9 Warranty. All work shall be warranted for one (1) year after acceptance of the Work 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 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 two thousand five hundred dollars ($2,500.00). 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 the amount specified above per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 6/15/17 Contract No. 3904-C Page 104 of 158 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Revised 6/15/17 Contract No. 3904-C Page 105 of 158 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No resource agency permits are required for the Work. 7-5.2 Air Pollution Control Permits. Diesel-engine driven generators or equipment shall have a valid permit or registration in accordance with the California Air Resources Board and the San Diego County Air Pollution Control District regulations prior to mobilization to the site. The Contractor shall maintain the permit or registration documents in valid standing during the performance of the Work. Submit a copy of the permit or registration documents for all equipment subject to state or local air pollution control regulations in accordance with 2-5.3. 7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. Revised 6/15/17 Contract No. 3904-C Page 106 of 158 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. The qualifications for the Contractor's Representative shall include at a minimum: 1. At least five years of experience in a superintendent capacity for projects that are similar in scope and cost to the projects identified in the Contractor’s Statement of Technical Ability and Experience submitted with the bid, and successful completion of at least two projects specific to potable water distribution pipelines with contract values over $2,000,000. The Contractor shall be responsible for submitting verifiable experience records. 2. Completion of OSHA 30-hour Construction Training Course. Submit certification as proof. 3. Completion of Asbestos Cement Pipe workplace safety course as administered by regulatory citation CCR Title 8, Section 341.17. Submit certification as proof. CMWD reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not established. In the event that the Contractor proposes to change the Contractor's Representative prior to Project completion, the Contractor shall notify the Agency and submit the qualifications of the proposed Contractor's Representative for the Engineer's review at least two weeks prior to the proposed change. The qualifications shall demonstrate that the minimum requirements of the position, as described herein, are satisfied. The Engineer will review the qualifications of proposed Contractor's Representative within 5 working days of receipt. No change in Contractor's Representative will be allowed without the Agency's approval. In the event of a change in Contractor's Representative without prior approval, Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is approved for the Project. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all utility companies during the mark-out and locating of their lines or during their relocation or construction if Revised 6/15/17 Contract No. 3904-C Page 107 of 158 necessary. 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 incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of Revised 6/15/17 Contract No. 3904-C Page 108 of 158 governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. 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 Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention Plan for this project in accordance with these regulations. A Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix “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. Refer to Section 300-12. 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. Revised 6/15/17 Contract No. 3904-C Page 109 of 158 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be restored with sod and unpaved areas 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. 7-9.1 Preconstruction Survey. The Contractor shall perform a preconstruction survey of the project site to provide a record of preconstruction conditions. This survey shall include the following as a minimum: 1. Video of existing public right-of-way, proposed alignment, working areas, staging and storage areas. 2. Video of construction access roads to be used by the Contractor, including all public and private streets used for access to and from the work site. Indicate areas of damaged paving. 3. Any other areas as directed by the Owner which may be disturbed or which are to be protected from the Contractor’s operations. 4. Photographs and video of potential “problem areas”. 5. Notify the Owner seven calendar days in advance and coordinate the scheduling of the video so that a representative of the Owner may accompany the Contractor during the videotaping. 6. At the completion of the survey, the Contractor shall present the Owner with a report detailing the existing conditions at each proposed pipeline site, staging, and stockpile areas. The report shall include the following as a minimum: a. One copy of the video in color in digital format. b. One copy of each “potential problem area” photograph (4-inch by 6-inch colored photos). c. Written summary of “potential problem areas” and the Contractor’s recommendations to address these problem areas. Revised 6/15/17 Contract No. 3904-C Page 110 of 158 7. Documentation (including report) of existing conditions shall be completed within 15 days of the Notice to Proceed. The Contractor will not be allowed to begin excavation or dewatering activities until the final report has been submitted and accepted by the Owner. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. In areas where site access is restricted, the Contractor is responsible for coordinating site access. All communications shall be made through the City inspector unless otherwise approved. No excavation or vehicle access will be allowed to occur outside of the easement, outside of the right-of-way, or in vegetated or landscaped areas unless otherwise shown on the Plans or as approved by the Engineer. 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; public transportation stops and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Pedestrian crossings of the Work at intervals not exceeding 300 feet (90 m) shall be provided and maintained unless otherwise approved by the Engineer. The Contractor shall refer to and comply with the requirements of Section 302-15 and Part 6 of the Supplemental Provisions. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways after unloading. Construction equipment shall not be stored at the Work site before its actual use on the Work or after it is no longer needed. All materials or equipment not installed or used in construction on any given day shall be stored elsewhere by the Contractor at its expense unless otherwise approved by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench on the same day, shall not be stored in public streets. 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, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: Revised 6/15/17 Contract No. 3904-C Page 111 of 158 1) The Engineer ............................................................................ 442-339-2766 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) Republic Services ..................................................................... 760-332-6464 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Temporary traffic controls shall be in accordance with the Plans, the TCP, the California Manual on Uniform Traffic Control Devices (MUTCD), current edition, and the Contract Documents. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All temporary traffic control devices shall conform to Caltrans Standard Specification 12-3. Warning and advisory signs, lights and devices shall be furnished, installed and maintained by the Contractor and shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or 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. Revised 6/15/17 Contract No. 3904-C Page 112 of 158 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’) nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment, the distance shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these Contract Documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one, 12-foot wide paved traffic lane shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic striping 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 latest California Manual on Uniform Traffic Control Devices (CAMUTCD) published by Caltrans. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement Revised 6/15/17 Contract No. 3904-C Page 113 of 158 delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of Traffic Control Plans. The Contractor shall submit traffic control plans (TCPs) as a part of the Work for all construction activities that are located within the traveled way. TCPs shall be prepared by a professional engineer registered in the State of California and regularly engaged in the preparation of traffic control plans. Design of TCPs for construction shall meet the requirements of the City and the California Manual on Uniform Traffic Control Devices as published by Caltrans. Submittal and review requirements for TCPs shall conform to Section 2-5.3 Shop Drawings and Submittals. The Contractor must obtain the Engineer’s approval prior to implementing TCPs. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCPs. New or revised TCP submittals shall include all TCPs needed for the entire duration of the Work. Each TCP phase shall be prepared in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation, vertical curves must also be shown. The Engineer shall be the sole judge of the suitability and quality of any such TCPs. 7-10.3.7 Payment. The contract price paid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for performing all work involved to implement the traffic control system, complete in-place, including, but not limited to, preparing and revising TCPs, flag persons, installing temporary or permanent traffic control devices such as barriers, delineators, lighting, signage, portable changeable message signs, striping, pavement markers and markings in accordance with the Contract Documents and as directed by the Engineer. Progress payments for Traffic Control will be based on the percentage of the improvement work necessitating traffic control and completed. 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 Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Revised 6/15/17 Contract No. 3904-C Page 114 of 158 Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided or required by law. 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 Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- Revised 6/15/17 Contract No. 3904-C Page 115 of 158 required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.6 Flood Lighting. 7-10.4.6.1 General. When work is being performed during hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used to illuminate the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting shall provide visibility for a distance of 1/2 mile (800 m). Flood lights shall not shine directly into the view of oncoming traffic. 7-10.4.6.2 Payment. No separate or additional payment will be made for flood lighting. Payment shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.7 Security and Protective Devices. 7-10.4.7.1 General. Security and protective devices shall consist of fencing, steel plates, or other devices as specified in the Special Provisions to protect open excavations. 7-10.4.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security fencing shall conform to 304-5. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the Contractor shall provide equivalent security. 7-10.4.7.3 Payment. No separate or additional payment will be made for security fencing or protective devices. Payment shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.8 Steel Plate Covers. 7-10.4.8.1 General. The Contractor shall provide, install, and maintain steel plate covers as necessary to protect from accidental entry into openings, trenches, and excavations. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps. The Contractor shall submit the design in accordance with Section 2-5.3 which shall include the following criteria: Revised 6/15/17 Contract No. 3904-C Page 116 of 158 1. The approval of steel plate bridging shall be at the sole discretion of the Engineer. 2. Steel plate bridging shall be designed to support HS20-44 truck loading per Caltrans Bridge Design Specifications Manual. 3. Surfaces exposed to pedestrian or vehicular traffic shall be non-skid. The Contractor shall maintain a non-skid surface on the steel plate having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from each Caltrans District Materials Engineer to correlate skid resistance results to California Test Method 342. 4. The Contractor shall install signage with a 2-inch (51 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24-hour emergency contact phone number. The 5. Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. 6. The Contractor is responsible for the maintenance of the plates and asphalt concrete ramps or other devices used to secure the plates and shoring of the trench to support all loads. 7. Contractor shall immediately mobilize necessary personnel and equipment to repair plate movements, separation, noise, anchors, asphalt ramps or any other deficiency. Failure to respond within 2 hours after being notified by the Engineer shall be grounds for the City to perform necessary repairs at the expense of the Contractor. 8. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer. 9. For trench widths exceeding those in Table 7-10.4.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems. 7-10.4.8.2 Thickness. Steel plate covers shall conform to Table 7-10.4.8.2. TABLE 7-10.4.8.2 Trench Width Steel Plate Cover Thickness Less than 10" 1/2" (12.5 mm) 10" (250 mm) to 1'-11" (580 mm) 3/4" (19 mm) 2' (600 mm) to 2'-7" (790 mm) 7/8" (22 mm) 2'-8" (820 mm) to 3'-5" (1040 mm) 1" (25 mm) 3'-6" (1070 mm) to 5'-3" (1600 mm) 1-1/4" (32 mm) More than 5'-3" (1600 mm) See Note 1 Notes: The Contractor shall submit a Working Drawing and calculations based on AASHTO H20-44 bridge loading. 7-10.4.8.3 Installation. Steel plate covers shall extend a minimum of 2 feet (600 mm) beyond trench edges. Unless otherwise specified in the Special Provisions or approved by the Engineer for the site conditions prior to use, steel plate covers shall be installed using Method 1. Method 2 shall not be used in a traveled lane. Method 1. The pavement shall be cold milled to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface to support the plate with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 1 inch (25 mm) and shall be filled with elastomeric sealant material which may, at the Contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of Tables 203-5.2(B) and 203-5.3(A). Revised 6/15/17 Contract No. 3904-C Page 117 of 158 Method 2. The approach plate and ending plate (in longitudinal placement) shall be attached to the surface by a minimum of 2 dowels, ¾” diameter (19 mm), drilled at the corners of the plate and drilled 6 inches (150 mm) into the pavement. Subsequent plates may be butted next to each other. Temporary asphalt concrete (D2-SC 800) shall be used to construct tapers from the steel plate surface to the existing surface at a 12-inch (300 mm) run for each 1 inch (25 mm) thickness of steel plate. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. Advance traffic warning signs shall be installed as specified in the Special Provisions or shown on the TCP. 7-10.4.8.4 Payment. Steel plate bridge materials including, but not limited to steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be considered as incidental to the work. No separate or additional payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public Revised 6/15/17 Contract No. 3904-C Page 118 of 158 works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.” Revised 6/15/17 Contract No. 3904-C Page 119 of 158 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class “A” Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Otherwise, any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class “A” Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office with supplies throughout the entire duration of the contract unless the Engineer approves otherwise. This office shall have a minimum floor space of 440 square feet. All doors and windows shall be provided with screens. Furniture shall be provided as follows, subject to Engineer approval: • one plan table • one standard 5-foot long double-pedestal desk with a drawer suitable for holding files • two chairs • one drafting stool • one plan rack Revised 6/15/17 Contract No. 3904-C Page 120 of 158 Additionally, the "Class A" Field Office shall be provided with: • one additional standard 5’ double pedestal desk with two chairs • one electrostatic copier • one refrigerator, 4.5 cubic feet minimum • one microwave oven • one additional plan rack • one water cooler with hot and chilled water • integral sanitary facilities with a toilet and wash basin with hot and cold potable water Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed. Heating and air conditioning of sufficient capacity shall be provided at no expense to the Agency. The field office shall be located within or immediately adjacent to the limits of work, as approved by the Engineer, with access and three parking spaces for the exclusive use of the Engineer and his/her designees. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION 8-2.2 Class “B” Field Office. This office shall be the same as class “A” except that integrated sanitary facilities and air conditioning are not required. A separate, chemical toilet facility shall be provided adjacent to the office per Section 7-8.4. 8-2.3 Class “C” Field Office. The office shall have a minimum floor space of 160 square feet. It shall be equipped with one 3 by 5-foot table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. Revised 6/15/17 Contract No. 3904-C Page 121 of 158 8-3 FIELD LABORATORIES. 8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class “C” Field Office specified in Section 8-2.3 except for the following: 1. Telephone service per Section 8-2.1. 2. Chair. 3. Work table, 4 by 10 feet, 3 feet high. 4. Sieves per Section 203-6. 5. Scales and weights. 6. Burner plate for heating supplies. 7. Thermometer, with 90 to 260°C (200 to 400°F) degree range (Asphalt Plants only). 8. Air meter for all concrete in accordance with ASTM C231 of the type that indicates percentage of air directly (Precast Concrete Plants only). All sampling and testing equipment shall be maintained in satisfactory operating condition by Contractor or plant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations. 8-3.2 At Project Site. Field laboratories shall be in accordance with Section 8-3.1, except that sieves, scales, weights, burner plates, sampling devices, pans, and thermometers will be furnished by the Agency at no expense to the Contractor. If air entraining agents are being used in the Concrete on the project, an air meter of the type described in Section 8-3.1 shall be furnished by the Contractor. 8-4 BATHHOUSE FACILITIES. When the Plans or Specifications require bathhouse facilities, the following shall be provided: 1. One lavatory with hot and cold water. 2. One toilet in a stall. 3. One 1 m (3 feet) trough-type urinal. 4. One enclosed shower at least 3 by 3 feet with hot and cold water. 5. One bench, 2 m (6 feet) long. 6. Soap dispensers. 7. Toilet paper holders. 8. Paper towel cabinet. 9. Wastepaper receptacle. These facilities shall be serviced and provided with necessary sanitary supplies. These facilities shall be for the exclusive use of Agency personnel. However, a separate building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities. 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be Revised 6/15/17 Contract No. 3904-C Page 122 of 158 included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. Revised 6/15/17 Contract No. 3904-C Page 123 of 158 SECTION 9 – MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. The Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used 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 accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after Revised 6/15/17 Contract No. 3904-C Page 124 of 158 it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent violation of any law, injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion.” If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar Revised 6/15/17 Contract No. 3904-C Page 125 of 158 days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. Revised 6/15/17 Contract No. 3904-C Page 126 of 158 The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for Mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and Preparatory Work will be made at the Contract price and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate bid items. Such activities shall include, but are not limited to, coordination with Agency forces, securing permits, surveying and staking, demobilization and any other work or services not included in any other bid item. The Contractor hereby agrees that the price paid is sufficient for Mobilization and Preparatory Work, Revised 6/15/17 Contract No. 3904-C Page 127 of 158 as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), payment will be made at forty percent (40%) of the amount bid for Mobilization and Preparatory Work. For the second progress payment, payment will be made at fifty percent (50%) of the amount bid for Mobilization and Preparatory Work. The remaining 10% of the amount bid for Mobilization and Preparatory Work will be made when all punch list items are signed-off and completed to the satisfaction of the City Inspector, and the Contractor has completely demobilized from the project site(s). 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Mobilization and Preparatory Work The contract price paid for this bid item shall constitute payment for all mobilization work in accordance with Section 9-3.4 of these General Conditions. A Class “C” field office per Section 8-2.3 will be required for this project. A field laboratory or bathhouse facilities will not be required. Preconstruction Video and Photographs The contract price for work under this item shall include, but not be limited to, furnishing all labor, material, tools and equipment, and performing all work required for preconstruction video and photographs and all other work necessary to complete this item of work as described in the Contract Documents. Excavation Support System The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, bracing, sloping or equivalent method of support for excavations for the protection of life or limb which shall conform to applicable safety orders. This includes, but is not limited to, the preparation and submittal of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground in or adjacent to trenches or open excavations, and acceptance of said plan by the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the excavation support system standards of CCR, Title 8, Section 1541.1, the plan shall be prepared by a California registered civil or structural engineer. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety. Stormwater Pollution Prevention Plan The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, tools, equipment and incidentals for preparing, amending and implementing the SWPPP in accordance with Section 7-8.6 and 300-12. Revised 6/15/17 Contract No. 3904-C Page 128 of 158 Temporary Traffic Control The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment and incidentals, prepare traffic control plans and implement temporary traffic control systems, complete in-place and in accordance with the Contract Documents, including Sections 7-10.1 through 7-10.3 and 601 and its subsections. Utility Potholing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to determine, by potholing, the location and depth of all existing utilities in accordance with the Contract Documents. This bid item shall include notification to Underground Service Alert and utility mark-out, coordination and standby inspection of potholing excavations, backfilling of excavations, patching of pothole excavations with temporary AC paving, and submitting results to the Engineer in advance of pavement saw-cutting or excavations. Furnish and Install Temporary Highline The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install temporary highline for domestic water services or fire services in accordance with the Contract Documents. The price paid shall include, but is not limited to, submittal of a highlining plan; securing temporary water meter; backflow prevention device; all piping, fittings and isolation valves; disinfection; temporary asphalt (cold mix); protective ramps or plating; maintenance of the highline system for the duration of the work; removal of the system upon reconnection of water or fire services; and site restoration. Materials used for the temporary highline shall be ANSI/NSF 61 certified with a working pressure rating of not less than 150 psi. Highlining of existing water services will be required on State Street Alley. Payment for Temporary Highline at other locations and bid schedules shall be considered included in the Water Main bid item and no separate payment shall be made therefor. Asbestos Cement Pipe Removal and Disposal The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to remove and dispose existing asbestos cement pipe in accordance with the Contract Documents. This item shall include the preparation and submittal of any required health and safety plans; excavation; dewatering; removal of ACP; labeling, bagging and sealing samples for AC Pipe Testing; polyethylene encasement of AC pipe to be disposed; placement of ACP in designated waste containers; legal disposal of pipe and all incidental work in accordance with applicable regulations. Asbestos Cement Pipe Testing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to provide asbestos cement pipe testing in accordance with Section 02262 of the Carlsbad Engineering Standards and other requirements of the Contract Documents. Furnish and Install PVC Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new polyvinyl chloride (PVC) water main of the size and to the limits specified in accordance with the Contract Documents. This bid item shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; Revised 6/15/17 Contract No. 3904-C Page 129 of 158 placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; hardware; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Fusible PVC Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new fusible polyvinyl chloride (fusible PVC) water main of the size and to the limits specified in accordance with the Contract Documents. Work shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe and fusion services; hardware; fittings; corrosion protection of fittings and hardware; thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Gate Valve The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new resilient wedge gate valve of the size specified and valve box assembly per CMWD Standard Drawings and in accordance with the Contract Documents. This bid item shall include gaskets; hardware; corrosion protection coatings; polyethylene encasement; valve support blocks; thrust restraint fittings or concrete thrust blocks; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. Gate valves installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items. Furnish and Install Fire Hydrant Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new fire hydrant assembly per CMWD Standard Drawing No. W-17 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; pipe; pipe spools; fittings; gate valve; hydrant; valve support blocks; thrust restraint fittings or concrete thrust blocks; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill; appurtenance pads; protection posts; fire hydrant markers and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-Inch Combination Air & Vacuum Valve Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new combination air and vacuum valve assembly per CMWD Standard Drawing No. W-12 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; piping; isolation valves; fittings; combination air valve and enclosure; appurtenance pad; valve box and lid; locating wire; placement and Revised 6/15/17 Contract No. 3904-C Page 130 of 158 compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-Inch Manual Air Release/Blow Off Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new manual air release/blow-off assembly per CMWD Standard Drawing No. W-10 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported bedding and backfill materials; piping; valves; fittings; valve box and lid; locating wire; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install Fire Service and Connection The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new fire service of the size specified and connection to the existing per CMWD Standard Drawing No. W-9 (excluding the piping and backflow prevention device outside of the public right-of-way) and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; pipe; fittings; gate valve; valve box assembly and site restoration. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 2-inch Water Service Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new water service assembly per CMWD Standard Drawing No. W-4 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; service saddle; corporation stop; copper tubing; fittings; angle meter valve; sacrificial anodes; meter box and site restoration. New water meters, where needed, will be furnished and installed by the District. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Furnish and Install 1-inch Water Service Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new water service assembly per CMWD Standard Drawing No. W-3 and in accordance with the Contract Documents. This item includes, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; imported pipe zone bedding and backfill and trench zone backfill; service saddle; corporation stop; copper tubing; fittings; angle meter valve; sacrificial anodes; meter box and site restoration. New water meters, where needed, will be furnished and installed by the District. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Revised 6/15/17 Contract No. 3904-C Page 131 of 158 Water Main Connection (Station per Bid Schedule) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment not included in any other bid item and connect the new pipeline to the existing water main at the stations identified on the bid schedule in accordance with the Contract Documents. This item shall include pavement saw-cutting; demolition of pavements; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; pipe; fittings; disinfection; bacteriological testing; placement and compaction of imported pipe zone bedding and backfill; and trench zone backfill. This bid item shall not include pavement structural section restoration which shall be measured and paid for under a separate bid item. Abandon Water Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and slurry fill, cut and plug, and abandon in-place existing water mains in accordance with the Contract Documents. This item shall include all excavation, dewatering, concrete slurry filling or plugging of pipe to be abandoned in-place, removing valve box and lid, backfill of excavations and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Over-excavation and Backfill The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and remove unsuitable materials encountered in the trench subgrade to a depth of 12 inches, disposal in accordance with applicable regulations, and placement of imported pipe zone backfill to the design trench subgrade elevation. The removal limits shall be as ordered by the Engineer. Aggregate Base The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and place untreated aggregate base (Caltrans Class II, Section 26- 1.02B), complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-25 or GS-26) and other requirements of the Contract Documents. The price paid shall include, but not be limited to preparing and compacting the subgrade and importing, placing and compacting aggregate base above the trench zone, beneath asphalt concrete or beneath Portland cement concrete pavement, flatwork or curb and gutter. Asphalt Concrete The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and place asphalt concrete pavement, complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-25 or GS-26) and other requirements of the Contract Documents. The price paid shall include, but not be limited to saw- cutting and cold milling not included in any other bid item; applying tackifiers; placing and compacting asphalt concrete along the water main trench, service piping, appurtenances and excavations for abandoned water mains or other areas damaged by construction; and applying seal coat. Pavement that is damaged during construction, when such damage could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense. Portland Cement Concrete The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and construct Portland cement concrete flatwork, pavement, curb and gutter, complete in-place, in accordance with the Contract Documents. The price paid shall Revised 6/15/17 Contract No. 3904-C Page 132 of 158 include, but not be limited to saw-cutting, subgrade preparation, formwork, steel reinforcement, concrete, curing and all incidental work or services. Portland cement concrete improvements that are damaged during construction, when such damage could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense. Revised 6/15/17 Contract No. 3904-C Page 133 of 158 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. Replace this subsection in its entirety with the following: Materials for use as untreated base or subbase shall be classified in the order of preference as follows: a) Class II Aggregate Base conforming to Caltrans Standard Specification, Section 26: Aggregate Bases, Subsection 26-1.02B Class II Aggregate Base, ¾” maximum size. b) Crushed Miscellaneous Base conforming to subsection 200-2.4. When base material without further qualification is specified, the Contractor shall supply Class II aggregate base. When a particular classification of base material is specified, the Contractor may substitute any higher classification of base material for that specified, following the order of preference listed above. All processing or blending of materials to meet the grading requirement will be performed at the plant or source. The materials shall compact to a hard, firm, unyielding surface and shall remain stable when saturated with water. Add the following section: 200-2.2.4 Class II Aggregate Base. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests indicate that the next material to be used in the work will comply with the requirements specified 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 Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply. Revised 6/15/17 Contract No. 3904-C Page 134 of 158 No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 200-2.4.3 Quality Requirements. Add the following: If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do not meet the requirements specified, placement of the Crushed Miscellaneous Base may be continued for the remainder of the working day. Work shall not resume until tests indicate that the aggregate to be used complies with the requirements specified. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified, the Crushed Miscellaneous Base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the material may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the requirements for Crushed Miscellaneous Base, 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 Inches (mm) All Concrete Used Within the Right-of-Way 560-C-3250 (1) (330-C-23) (2) Trench Backfill Slurry 190-E-400 (115-E-3) 8” (200) Street Light Foundations and Survey Monuments 560-C-3250 (330-C-23) 4” (100) Traffic Signal Foundations 590-C-3750 (350-C-27) 4” (100) Concreted-Rock Erosion Protection 520-C-2500P 310-C-17 per Table 300-11.3.1 (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. Revised 6/15/17 Contract No. 3904-C Page 135 of 158 201-1.2.4 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 percentage points. The air content of freshly mixed concrete will be determined by California Test 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel or perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A” and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. When matching existing colored concrete or for new colored concrete, provide color selections from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curb line shall match color of Paving Treatment as specified in Section 303-7 of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant complying with either ASTM-C920, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Revised 6/15/17 Contract No. 3904-C Page 136 of 158 Plastic foam joint fillers shall be pre-formed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2.1. Asphalt Binder. Add the following: Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4. 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10 for a surface course 2 inches in depth and B-PG64-10 for all base courses. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values and/or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Revised 6/15/17 Contract No. 3904-C Page 137 of 158 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/- .40 of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4. SECTION 213 - ENGINEERING GEOSYNTHETICS 213-5 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 90WS 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 (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ 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 90WS 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, implemented, and maintained by individuals with the respective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4. Revised 6/15/17 Contract No. 3904-C Page 138 of 158 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 (50lbs) of 19 mm (3/4“) crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General: Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to Caltrans Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to Caltrans Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of Caltrans Specification No. 8010-004 (Type II). Caltrans Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the Caltrans Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 214-6 PAVEMENT MARKERS Add the following section: 214-6.4.3.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214- 6.4.3.1, or equal thereto. TABLE 214-6.4.3.1 TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Markers Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, WA 98424, (877) 335-4638 Add the following section: 214-6.4.3.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-6.4.3.2, or equal thereto. Revised 6/15/17 Contract No. 3904-C Page 139 of 158 TABLE 214-6.4.3.2 REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Revised 6/15/17 Contract No. 3904-C Page 140 of 158 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 – EARTHWORK 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 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the 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 (“Handbook”), 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. If revisions are required, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The 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 Revised 6/15/17 Contract No. 3904-C Page 141 of 158 Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 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 maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, Revised 6/15/17 Contract No. 3904-C Page 142 of 158 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 rainy 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 rainy season or upon start of applicable construction activities for projects which begin either during or within 20 days of the rainy season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor’s cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-12.4 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 inspection record to the Engineer, within two days of the inspection. During the rainy season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24-hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the 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 compensation 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”. Revised 6/15/17 Contract No. 3904-C Page 143 of 158 Partial payment shall be based on the percentage of the total value of work completed. SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150 mm (6 inches)” to “300 mm (12”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them (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. 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 or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. Add the following section: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in Section 306-13.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at a rate of 0.05 gallon per square yard or SS-1h emulsion at a rate between 0.05 and 0.10 gal/SY shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete. Revised 6/15/17 Contract No. 3904-C Page 144 of 158 The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with PG 64-10 paving asphalt, or SS-1h emulsion, immediately before the adjoining asphalt concrete is placed. The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. 302-5.5 Distribution and Spreading. Add after the second sentence of sixth paragraph: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on- site backup paving during all paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self- propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion. 302-5.6.1 General. Add to the second paragraph, Part (2): Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Add after the last paragraph: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment. Replace the first sentence with the following: Payment for pavement resurfacing shall be made at the unit bid price for the item requiring such work. Add the following section: 302-15 PUBLIC CONVENIENCE AND TRAFFIC CONTROL. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the city’s contracted waste company. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the Contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter and modify it with the appropriate street names, dates, times, and phone numbers specific to the work. The limits and sequencing of the Contractor’s resurfacing operations shall impact no more than 900 lineal feet of street or curb-side parking for residents and business on any given day. Revised 6/15/17 Contract No. 3904-C Page 145 of 158 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending disruption via door hangers. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the 72-hour advance notification door hanger which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall use the sample door hanger provided by the city and submit door hangars to the Inspector for approval. Notices shall not be distributed until approved by the Inspector. The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 4 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65-lb card stock. The printing on the notice shall be no smaller than 12-point. The door hanger shall list the street name, date, time, phone numbers, and appropriate information specific to the work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price for the Work requiring such notifications and no separate or additional payment shall be made. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Add the following: If groundwater is encountered, Contractor shall work a minimum 2’ deep of ¾” 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: Concrete 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. Revised 6/15/17 Contract No. 3904-C Page 146 of 158 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 compensation for furnishing all labor, materials, tools, and equipment necessary to construct the concrete 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, 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. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: Portland Cement Concrete construction shall include, but not limited to, curbs, walkways, cross gutters, access ramps, driveways, concrete curb outlet, terrace ditches, and all other miscellaneous PCC construction items as indicated on the plans and per these Specifications. Removal of adjacent asphalt concrete and aggregate base removal associated with concrete curb construction shall be replaced with full depth asphalt concrete with a minimum width of one foot perpendicular to the face of concrete edge. The replaced section shall conform to the requirements of Sections 203-6, 302-5, 401-3 and match the depth of the adjacent concrete gutter. The Contractor shall verify with a “smart level”, string line and/or water testing that positive drainage is maintained upon completion of finishing, and any irregularities causing water ponding shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to pouring any PCC construction improvements. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be considered as continuing across driveways, access ramps and drainage inlets when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. Revised 6/15/17 Contract No. 3904-C Page 147 of 158 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 excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-3.2 Removal of Surface Improvements. Add the following: Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 401 of the Standard Specifications and these Special Provisions and reconstructed in-kind. 306-3.5 Maximum Length of Open Trench. Delete the first sentence for the first paragraph and replace with the following: Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed in a single day. 306-12 BACKFILL. 306-12.1 General. Add the following: The Contractor shall install detectable underground utility marking tape above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. Delete the following section in its entirety and replace with the following: 306-12.3.2 Compaction Requirements. 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. 306-13 TRENCH RESURFACING. 306-13.1 Temporary Resurfacing. Revised 6/15/17 Contract No. 3904-C Page 148 of 158 Add the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-13.2 Permanent Resurfacing. Add the following: Except as provided in section 306-13.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and compaction of backfill and aggregate base materials. Delete the following section and replace with the following: 306-15.1 Basis of Payment for Open Trench Installation. The price per linear foot for storm drain shall be considered full compensation for furnishing pipe, sawcut, removal and disposal of existing PCC and AC pavement, trench excavation, over excavation of trench as required, removal and disposal of surplus excavated soil, preparation of subgrade and base material, installation of pipe, gasket joints, pipe bedding and backfill, pipe detection tape, trench plates, bedding and protection for crossing utilities, preparation of road aggregate base material pavement trench repair City of Carlsbad Standard Drawings GS-24 through GS-29 and all other work necessary to install pipe, complete and in place and no additional compensation shall be allowed therefor. SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.3.1 General. Add the following: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic control essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. Revised 6/15/17 Contract No. 3904-C Page 149 of 158 314-4.3.4.1 General. Add the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/8”) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (1/4”) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. Add the following section: 314-4.3.5.1 Preparation of Existing Surfaces. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30 mm (0.10’) thick asphalt concrete overlay is not permitted. Add the following section: 314-4.3.5.2 Layout, Alignment, and Spotting. The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80 mm per 100 m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80 mm per 100 mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. Add the following section: 314-4.3.5.3 Application of Paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within the same working day of pavement resurfacing. After fourteen (14) calendar days, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. Revised 6/15/17 Contract No. 3904-C Page 150 of 158 314-4.3.6 Payment. Delete this section and replace with the following: The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for the installation of two coats of paint, pavement markers, thermoplastic legends and symbols, inlet stenciling, signing, the plan, and contract documents. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. 314-4.4.1 General. Add the following: Thermoplastic legends, symbols and striping shall be installed 14 calendar days after asphalt paving. 314-5 PAVEMENT MARKERS. 314-5.4 Placement. Add the following: Temporary pavement markers shall be installed on the asphalt concrete pavement immediately after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. All temporary markers shall be removed and replaced with permanent pavement markers fourteen (14) calendar days after paving. Add the following section: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in Section 310-5. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. Revised 6/15/17 Contract No. 3904-C Page 151 of 158 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 4, EXISTING IMPROVEMENTS SECTION 400 – PROTECTION AND RESTORATION 400-1 GENERAL. Add the following: The Contractor shall replace all pavement striping, markings and markers which are not designated for removal and are damaged as a result of its operations. 400-2 PERMANENT SURVEY MARKERS. Delete the second paragraph and subparagraphs a), b) and c). 400-3 PAYMENT. Delete in its entirety and replace with the following: No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. No separate or additional payment will be made to restore permanent survey makers. SECTION 401 – REMOVAL 401-3 CONCRETE AND MASONRY IMPROVEMENTS 401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway and Alley Intersections. Delete the third and fourth sentence and add the following: All existing concrete shall be removed to the nearest joint. Concrete shall be removed to neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight break without loosening, cracking or damaging adjoining improvements. PCC and all other material unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-way and disposed of by the Contractor at a site of his own choice and shall pay all costs incidental to the disposal. Add the following section: 401-3.2.1 Adjacent Asphalt Concrete Removal. Removal of asphalt concrete and aggerate base associated with concrete driveway, ramp and curb and gutter construction shall be Revised 6/15/17 Contract No. 3904-C Page 152 of 158 replaced with full depth asphalt concrete to a minimum width of one foot perpendicular from face of nearest concrete edge. Removal of adjoining asphalt section and the full depth replacement is incidental to the concrete curb and gutter work as described in section 303-5. Revised 6/15/17 Contract No. 3904-C Page 153 of 158 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 Add the following section: 601-1.2 Payment. The Contract price paid for Temporary Traffic Control shall include full compensation for, but not limited to, design, submittal and approval of the temporary traffic control plan (TCP) and furnishing all labor, materials, tools, equipment, and incidentals for storing, placing, maintaining, moving to new locations, replacing and removing all traffic control zone devices including flaggers, construction area signs and signage, channelizing devices including traffic barriers and end treatments, traffic sign enhancement devices including portable changeable message signs and flashing arrow signs, temporary traffic striping and pavement markings and as shown on the Plans or approved TCP and in accordance with the Contract Documents. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the Work shall be considered included in the Contract price paid for Temporary Traffic Control and no additional compensation will be allowed therefor. Progress payments for Temporary Traffic Control shall be based on the percentage of the total value of work completed. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES. 601-3.1 General. Add the following: The Contractor shall furnish and install temporary traffic pavement markers, channelizers, signage, railing (type K), barriers, crash cushions and end treatments for railings and barriers at the locations shown on the Plans or the approved TCP and as required by the Contract Documents. Add the following section: 601-3.4.1 General. Add the following: If temporary traffic signs are displaced or overturned by any cause during the progress of the Work, the Contractor shall immediately replace the signs in their approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and Revised 6/15/17 Contract No. 3904-C Page 154 of 158 readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 8 hours of such discovery. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices, the Engineer may, at his/her sole option, may correct the deficiency and charge the Contractor fifty dollars ($50.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is greater. 601-3.5 Signs and Signage 601-3.5.1 General. Delete in its entirety and replace with the following: Unless otherwise specified, signs shall conform to the California MUTCD. Portable signs shall consist of a base, standard or framework, and a sign panel and conform with applicable provisions for portable signs in Caltrans Standard Specification 12-3.11. Sign units shall be capable of being delivered to the Work site and placed into immediate operation. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Signage shall include all temporary signs required for the direction of traffic through or around the Work site. Sign placement shall conform to the California MUTCD and the TCP. Temporary “No Parking” and “No Stopping” signs shall be installed at least 24 hours before enforcement. Public notification of temporary “No Parking” restriction shall be posted at least 72 hours before enforcement of the “No Parking” zone. The notification 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 to meet the date so indicated will require re-posting the notification in advance of the rescheduled Work. 601-3.5.2 Payment. Modify this section as follows: Payment for signs and signage shall be included in the contract price for Temporary Traffic Control as specified in Section 601-2.2. 601-3.6 Channelizing Devices 601-3.6.1 General. Replace this section with the following: Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in Section 312- 1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on Revised 6/15/17 Contract No. 3904-C Page 155 of 158 curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 4-1.5, "Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following subsection: 601-3.6.5.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. Add the following subsection: 601-3.6.5.2 Appearance. Exposed surfaces of new and used units of temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 “Paint Systems” and 310 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor shall replace or repaint units of temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or other materials that mar the appearance when ordered by the Engineer. Add the following subsection: 601-3.6.5.3 Manufacture of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be manufactured per Caltrans Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201- 1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to Section 201-1, “Portland Cement Concrete” and Section 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM A36/A36M. The bolts shall conform to ASTM A307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM A36/A36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded on the upper end with a 5 mm (3/16”) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in Section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following subsections: 601-3.6.5.4 Installation of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be installed per Caltrans Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true Revised 6/15/17 Contract No. 3904-C Page 156 of 158 arc on curved alignment. Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of Section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition or constructed to its planned condition. 601-3.6.5.5 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be selected from the latest Caltrans Authorized Material List for highway safety features and shall meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per Caltrans Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each TSFCC array as shown in Caltrans Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. 601-3.7.5 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS) Add the following: 601-3.7.5.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Revised 6/15/17 Contract No. 3904-C Page 157 of 158 601-3.7.5.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. 601-3.7.5.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. 601-3.7.5.4 Measurement and Payment. Payment for all traffic signs, including Portable Changeable Message Signs, are incidental to the bid item for Temporary Traffic Control and no other compensation will be made therefor. 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS 601-4.2.1 Application of Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable- type pavement markers shall conform to the Section 314-3 Removal of Pavement Markers and Revised 6/15/17 Contract No. 3904-C Page 158 of 158 Section 314-5 Pavement Markers, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 314-5.4 Placement, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. APPENDIX “A” CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760) XXX-XXXX FIELD # (760) XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: / / from 7:00A.M. to 5:00 P.M. If you don’t plan to leave your home by 7:00 A.M. on the above date, please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad’s Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. You may call the Contractor that will be performing the resurfacing work for the city at the above phone number if you have any questions. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company or other service scheduled for that day, please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX “B” SWPPP TEMPLATE VALLEY STREETSEESHEET3FORDETAILSPLANTBUILDING3000CHILLER STORM WATER POLLUTION PREVENTION NOTESAPN :TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP)AREA OF DISTURBANCECONSTRUCTION THREAT: OWNER/APPLICANT:SITE ADDRESS:EMERGENCY CONTACT :21PROJECT NAME:SHEET INDEX:TIER 2OWNER'S CERTIFICATION:STAMPIFAPPLICABLEWEATHER TRIGGERED ACTION PLANVICINITY MAPLEGENDCASQA DesignationConstruction Activity(BMP) DescriptionBest Management Practice*Erosion ControlSediment Control BMPsBMPsTrackingControl BMPsNon-Storm WaterManagement BMPsWaste Management and MaterialsPollution Control BMPsBEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE PIO PICO DRIVE (PUBLIC)22PROJECT NAME:TIER 2TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)SAMPLEEROSION CONTROL PLAN APPENDIX “C” Utility Shutdown/Connection Request E-28 UTILITY SHUTDOWN/ CONNECTION REQUEST E-28 Public Works Construction Management & Inspection 1635 Faraday Ave 442-339-2780 www.carlsbadca.gov DATE OF SHUTDOWN / CONNECTION _____________LOCATION (ADDRESS) _______________________________ DESCRIPTION OF LOCATION (CROSS STREET, ETC.) ___________________________________________________ DATE OF SUBMISSION ____________ CONTRACTOR’S NAME _____________________ PHONE ________________ CONTRACTOR’S ONSITE REPRESENTATIVE ___________________________________ MOBILE _______________ ROW PERMIT NO. __________________ NAME OF CITY INSPECTOR ______________________________________ TYPE OF CONNECTION SEWER ______ WATER ______ RECYCLED ______ WET TAP _______ TURN ON ______ SHUT DOWN _________ SHUT DOWN DURATION (MILITARY TIME): START ____________ FINISH ____________ TOTAL HOURS ________ SERVICES EFFECTED _____________________________________________________________________________ MATERIAL / EQUIPMENT TO BE USED _______________________________________________________________ DESCRIPTION OF WORK __________________________________________________________________________ ________________________________________________________________________________________________ PLEASE READ BELOW 1. Request must include a DETAILED CONSTRUCTION DRAWING showing proposed construction. (See other side for details) 2. Submission of this request shall be a minimum of two weeks prior to desired shutdown/connection date. 3. If the weather or a situation develops where the time of shutdown is not feasible, a new shutdown time shall be resubmitted to the district for approval. 4. Temporary water supply shall be only from an approved and accepted CMWD line. 5. Contractor may not operate CMWD VALVES OR APPURTENANCES. Only CMWD representatives are authorized to operate valves and appurtenances. 6. There shall be NO SHUTDOWNS MONDAYS, FRIDAYS, WEEKENDS OR CITY HOLIDAYS. 7. The contractor’s representative, identified above, must be onsite during the entire duration of the shutdown. The contractor’s representative must have the authority to act on the company’s behalf. CONSTRUCTION MANAGEMENT AND INSPECTION 1635 FARADAY AVE CARLSBAD, CALIFORNIA 92008 TEL. NO. (442) 339-2780 E-28 Page 1 of 2 REV 03/22 CONTRACTOR INSTRUCTIONS – PLEASE READ BEFORE SUBMITTING 1. Shutdown and connection requests will not be processed unless a DETAILED CONSTRUCTION DRAWING IS ATTACHED showing the proposed construction plan. (See example below.) 2. Utility shutdown and connection requests must be submitted to the Construction Management & Inspection Project Inspector TWO WEEKS (MIN.) prior to the requested shutdown or connection date. 3. Scheduling: Prior to start of work, there shall be a MINIMUM OF TWO WEEKS NOTICE GIVEN TO CARLSBAD MUNICIPAL WATER DISTRICT. 4. Connections will not be permitted unless passing BACTERIOLOGICAL TEST RESULTS are attached (required for all potable use lines). 5. If the weather or a situation develops where the time of shutdown is not feasible, a new shutdown time shall be resubmitted for approval. 6. All temporary water connections and supply lines shall be approved and accepted by CMWD. 7. Contractor may not operate CMWD VALVES OR APPURTENANCES. Only CMWD representatives are authorized to operate valves and appurtenances. 8. There shall be NO SHUTDOWNS MONDAYS, FRIDAYS, WEEKENDS OR CITY HOLIDAYS. 9. The contractor’s authorized representative (listed on the front) must be onsite during the entire duration of the shutdown. The contractor’s authorized representative must have the authority to act on the company’s behalf. 10. If the contractor has a preferred connection date, please note within this submittal. 11. The City/District reserves the right to change the schedule. Example of construction plan E-28 Page 2 of 2 REV 03/22