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HomeMy WebLinkAbout2022-11-08; Municipal Water District; ; Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Recycled Water Phase III Reservoir ProjectCA Review Meeting Date: Nov. 8, 2022 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Dave Padilla, Utilities Engineering Manager dave.padilla@carlsbadca.gov, 442-339-2356 Neil Irani, Utilities Associate Engineer neil.irani@carlsbadca.gov, 442-339-2305 Subject: Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Recycled Water Phase III Reservoir Project District: 3 Recommended Action Adopt a resolution approving plans, specifications and contract documents, and authorizing the Secretary of the Board of Directors to advertise for bids for the Recycled Water Phase III Reservoir Project, Capital Improvement Program Project No. 5210. Executive Summary This project will construct the D-4 recycled water storage reservoir to be located at the southeast corner of Poinsettia Lane and Black Rail Road, as shown on the location map in Exhibit 2, and related site improvements. The D-4 is the fourth reservoir to be constructed at what is known as the D-tanks site. It is also the last remaining component of the Recycled Water Phase III Plan to expand the distribution and storage capacity of the Carlsbad Municipal Water District’s recycled water system to meet the estimated recycled water demands of the 2012 Recycled Water Master Plan and its 2019 update. The CMWD Board’s approval of these plans and specifications is required under Carlsbad Municipal Code, or CMC, Section 3.28.080(E) because the expected value for this work is greater than $200,000. The construction cost estimate, including contingency funds, is $4,601,000, making the project subject to this requirement. Staff recommend that the CMWD Board approve the plans, specifications and contract documents, and authorize the Secretary of the Board of Directors to advertise and receive project bids. Nov. 8, 2022 Item #3 Page 1 of 9 CKM MUNICIIPAL WATER D IISTRIC'f Staff Report Discussion Background The 2019 Recycled Water Master Plan Update identified additional storage capacity needs in the recycled water distribution system. The D-4 Reservoir will add an additional 1.5 million gallons, or MG, of storage capacity to the 3.5 MG capacity provided by three existing recycled water storage tanks, two of which are located at the D-tanks site and C-Tank is located south of Lake Calavera. D-4 will bolster the ability to meet storage requirements and daily maximum demands while avoiding the need to pump recycled water into the distribution system during periods of peak energy use. Other improvements to be constructed with the project will include site grading, new onsite piping for tank maintenance and recycled water distribution, paving and electrical improvements for tank level and pressure sensing. A new storm water detention basin and storm drain system will be constructed for the D-4 tank to mitigate storm water runoff. Landscape and irrigation improvements will be constructed around the perimeter of the D-4 tank and in selected locations near the southern and eastern property boundaries to partially screen the tank from public view. Planning Commission Approval The proposed project entails a modification to an existing conditional use permit, or CUP, and coastal development permit, or CDP. On May 23, 2022, the Planning Division of the Community Development Department deemed the project application complete and issued a letter of completeness. The project was presented to the Planning Commission on July 20, 2022, and the Planning Commission adopted Resolution No. 7457, approving Conditional Use Permit Amendment CUP 2020-0003 and Coastal Development Permit Amendment CDP 2020-0021. In addition to these approvals, the Planning Commission Resolution No. 7457 approved the finding that the proposed project is consistent with the previous Initial Study/Mitigated Negative Declaration, or IS/MND, which the Board adopted with Resolution No. 1455, and the Addendum to the IS/MND, which the Board adopted with Resolution No. 1601. Options Staff provide the following options for the CMWD Board’s consideration: 1. Adopt a resolution approving the plans, specifications and contract documents and authorizing the Secretary of the Board of Directors to advertise for bids for the project Pros • Allows solicitation and evaluation of bids at the earliest opportunity • Utilizes grant funding and a low interest loan to partially fund construction • Advances the project closer to construction for addition of needed storage Cons • Work will cause unavoidable minor temporary impacts 2. Do not adopt a resolution approving the plans, specifications and contract documents and authorizing the Secretary of the Board of Directors to advertise for bids for the project Pros • None identified Nov. 8, 2022 Item #3 Page 2 of 9 Cons • Does not provide additional operational storage capacity for the recycled water distribution system • Delays bidding and construction contract award • Potential increase in construction cost and lost opportunity for grant funding could occur Staff recommend Option 1 for the CMWD Board’s approval. Fiscal Analysis The project is funded by Capital Improvement Program, or CIP, Project No. 5210 – Recycled Water Phase III Reservoir. The total appropriation to date is $4.3 million, with $3.9 million in available funding; however, that funding includes approximately $727,000 of potable water funds for improvements that will not be constructed and those funds will be returned to the water enterprise fund balance as part of the fiscal year 2023-24 budget cycle. The available recycled water funding for the project is over $3.1 million. The engineer’s estimate of construction costs is $4,000,000. The total project cost is $5,451,000, which includes the estimated construction costs, contingency, construction management and inspection services, biological and cultural resources monitoring and reporting, public outreach, engineering services during construction and staff costs. There is currently high market volatility in steel prices and construction labor, which is expected to influence the bids. Staff will return to the Board after evaluation of bids and identification of the lowest responsive and responsible bidder and request additional funding, if necessary. The table below provides a summary of the available funds and estimated costs: Recycled Water Phase III Reservoir CIP Project No. 5210 Total appropriation to date $4,300,000 Total expenditures and encumbrances to date $442,000 Unused potable funding to return to fund balance $727,000 Total available funding $3,131,000 Construction contract $4,000,000 Construction contingency (15%) $601,000 Construction management, inspection, and materials testing (estimated) $600,000 Biological and cultural resources monitoring & reporting $70,000 Public outreach $30,000 Engineering services during construction $120,000 Staff costs $30,000 Total estimated expenditures $5,451,000 Additional appropriation anticipated after bidding $2,320,000 Nov. 8, 2022 Item #3 Page 3 of 9 This project will receive approximately $1 million in grant funding. Specifically, the North San Diego Water Reuse Coalition, or Coalition, obtained these funds for the CMWD from the U.S. Department of the Interior through a funding opportunity under the Water Infrastructure Improvements for the Nation Act. Five other Coalition entities also have projects which are eligible for this funding award. The total award available to all Coalition member agency projects is $6,100,000. Olivenhain Municipal Water District secured these funds on behalf of the Coalition as the lead agency. Olivenhain Municipal Water District will require the CMWD to execute a “sub-agency agreement” that will govern how project costs are reimbursed. Additionally, staff are also monitoring the evolving regulatory requirements associated with the Build America, Buy America Act for domestic procurement. The project will also receive funding from an existing Clean Water State Revolving Fund loan, Agreement No. 14-820-5501 dated Nov. 13, 2014, for the Phase III Recycled Water Project. The D-4 Reservoir is the final component of this $29.5 million low-interest loan from the State Revolving Fund for Phase III. Next Steps Upon the CMWD Board’s approval, the Secretary of the Board of Directors will advertise a request for bids to construct the project. Bids will be received in early 2023. Staff will evaluate the bids received, and the lowest responsive and responsible bidder will be identified. Staff will then return to the CMWD Board to consider the lowest responsive and responsible bid and possible award of a contract to the identified bidder, which is expected to be in February 2023. At that time staff will request additional appropriation as needed. Construction duration is estimated to be 12 months, with completion expected in spring 2024. Environmental Evaluation On Nov. 27, 2012, the Board adopted Resolution No. 1455, approving the project’s initial study/mitigated negative declaration and mitigation monitoring and reporting program, EIA 12- 02, State Clearing House SCH# 2012091049. This storage tank project is a component of the Phase III Recycled Water Project and is subject to the mitigation measures that are identified in that mitigation monitoring and reporting program. An addendum to that declaration and program document approved by the Board on July 17, 2018, Resolution No. 1601, included an evaluation of potential environmental impacts associated with moving the storage tank 150 feet east of the original location that had been studied in the 2012 initial study/mitigated negative declaration. On July 20, 2022, Planning Commission Resolution No. 7457 approved the finding that the proposed project is within the scope of the prior environmental documents and no further environmental documentation is required per California Environmental Quality Act (CEQA) Guidelines Section 15162. The contractor will be subject to environmental mitigation measures as described in the approved initial study/mitigated negative declaration to mitigate potential environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation 1 The CMWD Board of Directors approved this Agreement through Resolution No. 1511 on January 13, 2015. Nov. 8, 2022 Item #3 Page 4 of 9 measure will be submitted, fulfilling the city's monitoring requirements with respect to Assembly Bill 3180 (1988), Public Resources Code Section 21081.6. Additionally, the city and the CMWD have incorporated numerous project design features and construction measures in an effort to reduce the potential for environmental effects. The Phase III project components would incorporate the applicable project design features that are listed at the end of the Mitigation Monitoring and Reporting Program. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1.CMWD Board resolution 2.Location map 3.Plans, Specifications and Contract Documents (on file in the Office of the City Clerk) Nov. 8, 2022 Item #3 Page 5 of 9 RESOLUTION NO. 1687 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND AUTHORIZING THE SECRETARY OF THE BOARD OF DIRECTORS TO ADVERTISE FOR BIDS FOR THE RECYCLED WATER PHASE Ill RESERVOIR PROJECT WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, or CMWD, of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to construct the D-4 recycled water storage reservoir for the Recycled Water Phase Ill Reservoir Project, Capital Improvement Program, or CIP, Project No. 5210, or Project; and WHEREAS, the plans, specifications and contract documents for the Project have been prepared and are on file in the Secretary's office and are incorporated by reference; and WHEREAS, Carlsbad Municipal Code Section 3.28.080(E) requires the CMWD Board of Directors to approve plans and specifications for all construction projects that are to be formally bid upon when the value exceeds $200,000; and WHEREAS, the construction cost of the Project is estimated to be $4,601,000, including construction contingency; and WHEREAS, the Planning Commission has adopted Resolution No. 7457 on July 20, 2022, approving Conditional Use Permit Amendment CUP 2020-0003, Coastal Development Permit Amendment CDP 2020-0021, and finding consistency with the previous Initial Study/Mitigated Negative Declaration approved in Board-adopted Resolution No. 1455 and addendum to the IS/MND approved in Board-adopted Resolution No. 1601; and WHEREAS, Planning Commission Resolution No. 7457 approved the finding that the proposed project is within the scope of the prior environmental documents described above, and consequently, no further environmental documentation is required per California Environmental Quality Act Guidelines Section 15162. EXHIBIT 1 Nov. 8, 2022 Item #3 Page 6 of 9 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the plans, specifications and contract documents for the Project are approved and on file in the Office of the Secretary. 3.That the Secretary of the Board of Directors is authorized and directed to publish in accordance with state law and Carlsbad Municipal Code Section 3.28.080((), a Notice to Contractors Inviting Bids for construction of the Project, in accordance with the referenced plans, specifications and contract documents. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District on the 8th day of November, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, President tyU fv FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Nov. 8, 2022 Item #3 Page 7 of 9 Exhibit 2 Nov. 8, 2022 Item #3 Page 8 of 9 NOT TO SCALE LOCATION MAP PACIFIC OCEAN PROJECT NAME THE RECYCLED WATER STORAGE RESERVOIR AT THE D TANK SITE DRAltN BY: SCOTT £VANS. CARLSBAD U71U71£S DEPT. J/09/16 D: \U71U71£S DEPARTMENT\LOCA 710N MAPS\AUTOCAD\5210.DWG PROJECT EXHIBIT NUMBER 2 5210 Revised 6/12/18 Contract No. 5210 Page 1 of 157 CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR RECYCLED WATER PHASE 3 D-4 RESERVOIR CONTRACT NO. 5210 BID NO. PWS23-2007UTIL DBE PARTICIPATION Signed: 11/9/2022 Exhibit 3 Revised 6/12/18 Contract No. 5210 Page 2 of 157 TABLE OF CONTENTS Item Page Notice Inviting Bids ..................................................................................................................... 7 Contractor's Proposal ................................................................................................................ 15 Bid Security Form ..................................................................................................................... 22 Bidder’s Bond to Accompany Proposal ..................................................................................... 23 Guide for Completing the “Designation of Subcontractors” Form .............................................. 24 Designation of Subcontractor and Amount of Subcontractor’s Bid Items .................................. 26 Bidder's Statement of Technical Ability and Experience ............................................................ 27 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ........................................................................................ 28 Bidder’s Statement Re Debarment ............................................................................................ 29 Bidder's Disclosure of Discipline Record …………………………………………… ...................... 30 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................. 32 Contract Public Works ............................................................................................................... 33 Labor and Materials Bond ......................................................................................................... 40 Faithful Performance/Warranty Bond ........................................................................................ 42 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ....................................... 44 Revised 6/12/18 Contract No. 5210 Page 3 of 157 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ..................................................... 47 1-2 Definitions .................................................... ..................................................... 47 1-3 Abbreviations ............................................... ..................................................... 53 1-4 Units of Measure .......................................... ..................................................... 56 1-5 Symbols ....................................................... ..................................................... 57 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ..................................................... 58 2-2 Assignment .................................................. ..................................................... 58 2-3 Subcontracts ................................................ ..................................................... 58 2-4 Contract Bonds ............................................ ..................................................... 59 2-5 Plans and Specifications .............................. ..................................................... 60 2-6 Work to be Done .......................................... ..................................................... 64 2-7 Subsurface Data .......................................... ..................................................... 64 2-8 Right-of-Way ................................................ ..................................................... 65 2-9 Surveying ..................................................... ..................................................... 65 2-10 Authority of Board and Engineer .................. ..................................................... 66 2-11 Inspection .................................................... ..................................................... 67 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ..................................................... 68 3-2 Changes Initiated by the Agency .................. ..................................................... 68 3-3 Extra Work ................................................... ..................................................... 69 3-4 Changed Conditions .................................... ..................................................... 72 3-5 Disputed Work ............................................. ..................................................... 73 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ..................................................... 79 4-2 Materials Transportation, Handling and Storage ................................................ 83 Section 5 Utilities 5-1 Location ....................................................... ..................................................... 84 5-2 Protection .................................................... ..................................................... 84 5-3 Removal ...................................................... ..................................................... 85 5-4 Relocation .................................................... ..................................................... 85 5-5 Delays .......................................................... ..................................................... 86 5-6 Cooperation ................................................. ..................................................... 87 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ........................................ 88 6-2 Prosecution of Work ..................................... ..................................................... 90 6-3 Suspension of Work ..................................... ..................................................... 93 6-4 Default by Contractor ................................... ..................................................... 93 6-5 Termination of Contract................................ ..................................................... 94 6-6 Delays and Extensions of Time .................... ..................................................... 94 6-7 Time of Completion ...................................... ..................................................... 95 6-8 Completion, Acceptance, and Warranty ....... ..................................................... 97 6-9 Liquidated Damages .................................... ..................................................... 98 Revised 6/12/18 Contract No. 5210 Page 4 of 157 6-10 Use of Improvement During Construction .... ..................................................... 98 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ..................................................... 99 7-2 Labor ........................................................... ..................................................... 99 7-3 Liability Insurance ........................................ ..................................................... 99 7-4 Workers' Compensation Insurance .............. ..................................................... 99 7-5 Permits ........................................................ ................................................... 100 7-6 The Contractor’s Representative .................. ................................................... 102 7-7 Cooperation and Collateral Work ................. ................................................... 102 7-8 Project Site Maintenance ............................. ................................................... 103 7-9 Protection and Restoration of Existing Improvements ...................................... 105 7-10 Public Convenience and Safety ................... ................................................... 106 7-11 Patent Fees or Royalties .............................. ................................................... 114 7-12 Advertising ................................................... ................................................... 114 7-13 Laws to be Observed ................................... ................................................... 114 7-14 Antitrust Claims ............................................ ................................................... 114 7-15 Prevailing Wage ........................................... ................................................... 114 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ ................................................... 116 8-2 Field Office Facilities .................................... ................................................... 116 8-3 Field Laboratories ........................................ ................................................... 118 8-4 Bathhouse Facilities ..................................... ................................................... 118 8-5 Removal of Facilities .................................... ................................................... 118 8-6 Basis of Payment ......................................... ................................................... 118 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................... 120 9-2 Lump Sum Work .......................................... ................................................... 120 9-3 Payment ...................................................... ................................................... 120 9-4 Bid Items ...................................................... ................................................... 124 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ............................. ................................................... 132 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... ................................................... 133 201-3 Expansion Joint Filler and Joint Sealants ..... ................................................... 134 Section 203 Bituminous Materials 203-6 Asphalt Concrete ......................................... ................................................... 135 Section 213 Engineering Fabrics 213-5 Geotextiles and Geogrids ............................. ................................................... 136 Section 214 Pavement Markers 214-4 Paint for Striping and Markings .................... ................................................... 137 214-6 Pavement Markers ....................................... ................................................... 137 Revised 6/12/18 Contract No. 5210 Page 5 of 157 Part 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation ................................................................................... 139 300-12 Rock Slope Protection Fabric ........................................................................... 139 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ...................................................................................... 142 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 ....................................................................... 145 Section 306 Underground Conduit Construction 306-3 Open Trench Operations .................................................................................. 146 306-12 Backfill ............................................................................................................. 147 306-13 Trench Resurfacing .......................................................................................... 147 306-15 Open Trench Installation .................................................................................. 147 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 ............................................................................. 149 Part 4 Existing Improvements Section 400 Protection and Restoration 400-1 General ............................................................................................................ 150 400-2 Permanent Survey Markers ............................................................................. 150 400-3 Payment .......................................................................................................... 150 Section 401 Removal 401-3 Concrete and Masonry Improvements ............................................................. 150 Part 6 Temporary Traffic Control Section 601 Temporary Traffic Control for Construction and Maintenance Work Zones 601-1 General ............................................................................................................ 152 601-3 Temporary Traffic Control (TTC) Zone Devices ............................................... 152 601-4 Temporary Traffic Striping and Pavement Markings ......................................... 156 Revised 6/12/18 Contract No. 5210 Page 6 of 157 TECHNICAL SPECIFICATIONS Division Division Name Section Section Name Division 02 Site Work 02231 Tree Preservation Protection 02920 Landscape Grading Topsoil and Soil Preparation 02930 Trees, Shrubs and Groundcover Division 09 Finishes 09873 Coating Welded Steel Tank Division 13 Special Construction 13200 Welded Steel Tank Division 15 Mechanical 15257 Steel Pipe Epoxy LC Division16 Electrical 16050 Electrical General Requirements 16060 Grounding and Bonding 16075 Electrical Identification 16080 Electrical Testing 16120 Conductors and Cables 16130 Raceways and Boxes APPENDICES Appendix A: SWPPP Template Appendix B: Geotechnical Report Appendix C: State Revolving Fund (SRF) Requirements C.1 Agreement C.2 Adopted Environmental Mitigation Monitoring and Reporting Program (MMRP) C.3 Requirements Specific to Disadvantaged Business Enterprises (DBE) C.4 American Iron and Steel (AIS) Requirements C.5 Davis Bacon Requirements C.6 CWSRF Signage Appendix D: U.S. Department of the Interior (US DOI) Requirements D.1 Agreement Appendix E: Soil Management Report Revised 6/12/18 Contract No. 5210 Page 7 of 157 CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on December 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 a 1.5-million gallon welded steel tank for recycled water storage and related appurtenances; concrete ringwall foundation; demolition of existing utilities and improvements; site grading; sidewalk, curb, gutter and paving improvements; drainage improvements; yard piping; connections to existing water, recycled water and sewer pipelines; tank and pipeline cathodic protection systems; electrical, instrumentation and controls improvements; recycled water irrigation improvements; landscaping; 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; connection to existing water mains; paving and site restoration. RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 PWS23-2007UTIL 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. 5210 Page 8 of 157 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. 5210 Page 9 of 157 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. DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM Compliance with the Disadvantage Business Enterprise (DBE) requirements is required for this project. This project will be funded in part by the Clean Water State Revolving Fund (CWSRF) Program. The Carlsbad Municipal Water District is required to seek and encourage the use of Disadvantaged Business Enterprises (DBE). All Bidders are required to complete and ensure the Good Faith Efforts (GFE) to ensure that DBEs have the opportunity to compete for financial assistance dollars. See Appendix “C” for the good faith efforts requirements. AMERICAN IRON AND STEEL REQUIREMENTS Compliance with the American Iron and Steel provisions of P.L. 13-16 of the Consolidated Appropriations Act of 2014 is required. The Contractor shall review and comply with all of the regulations contained in Appendix “C” American Iron and Steel Requirements. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for Revised 6/12/18 Contract No. 5210 Page 10 of 157 infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The Contractor shall comply with the Buy America Domestic Procurement Preference and other requirements contained in Appendix “D”, which must be included in all subawards, including all contracts and purchase orders for work or products under this program. 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) 11.Clean Water State Revolving Fund and EPA Forms (EPA Form 4500-3 and EPA Form 4500-4) and Disadvantage Business Enterprise (DBE) Requirements must be completed and submitted with the Bid per the instruction therein (see Appendix “C”). 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 $4,100,000. 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. Revised 6/12/18 Contract No. 5210 Page 11 of 157 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 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 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 December 9, 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 December 14, 2022. Revised 6/12/18 Contract No. 5210 Page 12 of 157 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 This invitation to bid does involve federal funds. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A current copy of applicable wage rates is on file in the Office of the City Engineer. The Davis Bacon rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the United States Secretary of Labor. Davis Bacon Wage determinations can be obtained from the U.S. Department of Labor’s web site, www.dol.gov. See Appendix C for all Davis Bacon Requirements. The wage determination and the Davis Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by workers. 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 records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. Contractor may be required to submit any related payroll, fringe benefit, apprentice, training and any other documents needed to support the Owner’s Labor Compliance Program electronically upon request from the Engineer. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and tour of the project site will be held on December 6, 2022, at 10 a.m. at the project site, 6510 Black Rail Road, Carlsbad, California 92008. Portions of the site are inaccessible to the public and requests for site inspections at other dates and/or times will not be accommodated. Revised 6/12/18 Contract No. 5210 Page 13 of 157 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 Revised 6/12/18 Contract No. 5210 Page 14 of 157 November 9, 2022 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. _____, adopted on the 8th day of November 2022. Date Graham Jordan, Deputy Clerk Revised 6/12/18 Contract No. 5210 Page 15 of 157 CARLSBAD MUNICIPAL WATER DISTRICT RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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. 5210 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) 1 LS $___________ A-2 Preconstruction Survey 1 LS $___________ A-3 Temporary Traffic Control 1 LS $___________ A-4 Excavation Support System 1 LS $___________ A-5 Stormwater Pollution Prevention Plan 1 LS $___________ A-6 Subsurface Utility Locating and Potholing 1 LS $___________ A-7 Unclassified Excavation 1 LS $___________ A-8 Imported Borrow 1 LS $___________ A-9 Unclassified Fill 1 LS $___________ A-10 Construct Reinforced Concrete Ringwall Foundation 1 LS $___________ Revised 6/12/18 Contract No. 5210 Page 16 of 157 Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) A-11 Construct 1.5 Million Gallon Welded Steel Tank and Appurtenances 1 LS $___________ A-12 Furnish and Install 18-Inch CML&C Steel Yard Piping 485 LF $___________ $___________ A-13 Furnish and Install 12-Inch CML&C Steel Yard Piping 252 LF $___________ $___________ A-14 Furnish and Install 16” Steel Casing 65 LF $___________ $___________ A-15 Furnish and Install 18-Inch Butterfly Valve 7 EA $___________ $___________ A-16 Furnish and Install 12-Inch Gate Valve 2 EA $___________ $___________ A-17 Furnish and Install 6-Inch Gate Valve 1 EA $___________ $___________ A-18 Furnish and Install 2-Inch Manual Air Release Assembly 1 EA $___________ $___________ A-19 Furnish and Install 2-Inch Combination Air & Vacuum Valve 2 EA $___________ $___________ A-20 Pipeline Connection – STA 10+00 1 EA $___________ $___________ A-21 Pipeline Connection – STA 21+05 1 EA $___________ $___________ A-22 Furnish and Install 12-Inch Tank Overflow Pipe 86 LF $___________ $___________ A-23 Furnish and Install 8-Inch Tank Drain 409 LF $___________ $___________ A-24 Furnish and Install 6-Inch Tank Drain 165 LF $___________ $___________ A-25 Furnish and Install Catch Basin 2 EA $___________ $___________ A-26 Furnish and Install Fire Hydrant Assembly 1 EA $___________ $___________ A-27 Furnish and Install Protection Post 8 EA $___________ $___________ Revised 6/12/18 Contract No. 5210 Page 17 of 157 Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) A-28 Furnish and Install 5-Ft Diameter Manhole – Sta. 33+97 1 LS $___________ A-29 Furnish and Install 5-Ft Diameter Manhole – Sta. 31+46 1 LS $___________ A-30 Furnish and Install 5-Ft Diameter Manhole – Sta. 30+00 1 LS $___________ A-31 Furnish and Install Cathodic Protection System 1 LS $___________ A-32 Furnish and Install Aggregate Base 1 LS $___________ A-33 Furnish and Install Asphalt Concrete Paving 1 LS $___________ A-34 Furnish and Install PCC Sidewalk and Driveway Pavement 30 CY $___________ $___________ A-35 Furnish and Install PCC Curb and Gutter (Combined) 540 LF $___________ $___________ A-36 Furnish and Install PCC Curb (Separate) 190 LF $___________ $___________ A-37 Furnish and Install PCC Cross Gutter 40 LF $___________ $___________ A-38 Furnish and Install Concrete Drainage Ditch 40 LF $___________ $___________ A-39 Modify Tank Overflow Pipe Headwall 1 LS $___________ A-40 Furnish and Install Rock-Lined Drainage Channel 1 LS $___________ A-41 Furnish and Install Rip Rap Energy Dissipater 400 SF $___________ $___________ A-42 Construct Biofiltration Basin 1 LS $___________ A-43 Furnish and Install 6-Inch Biofiltration Basin Drain 52 LF $___________ Revised 6/12/18 Contract No. 5210 Page 18 of 157 Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) A-44 Construct Biofiltration Basin Drain Headwall 1 LS $___________ A-45 Electrical, Instrumentation, and Controls Improvements 1 LS $___________ A-46 Irrigation System Improvements 1 LS $___________ A-47 Landscape Improvements 1 LS $___________ A-48 Landscape Maintenance and Plant Establishment 1 LS $___________ Total amount of bid (in figures) for Schedule “A”: $ Total amount of bid (in words) for Schedule “A”: SCHEDULE “B” Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) ADDITIVE ITEM B-1 Seal Welding per Section 13200 1 LS $___________ Total amount of bid (in figures) for Schedule “B” additive bid items: $ Total amount of bid (in words) for Schedule “B” additive bid items: Carlsbad Municipal Water District shall determine the low bid based on the total of Schedule “A” and Schedule “B”. After the low Bid has been determined, CMWD may, at its sole discretion, award the Contract based on either the total of Schedule “A” alone or the total of Schedule “A” and Schedule “B” combined. 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. Revised 6/12/18 Contract No. 5210 Page 19 of 157 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 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. Revised 6/12/18 Contract No. 5210 Page 20 of 157 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 ___________________________________________________________________ Revised 6/12/18 Contract No. 5210 Page 21 of 157 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: ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ Revised 6/12/18 Contract No. 5210 Page 22 of 157 BID SECURITY FORM (Check to Accompany Bid) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 (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. 5210 Page 23 of 157 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, _______________________________________________________, as Principal, and _____________________________________, 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) __________________________ 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: RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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 ____________ day of ___________________________, 20_____ ________________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: __________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________ (Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel By: __________________________________ Assistant General Counsel Revised 6/12/18 Contract No. 5210 Page 24 of 157 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. 5210 Page 25 of 157 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. Revised 6/12/18 Contract No. 5210 Page 26 of 157 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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 Portion of Work Subcontractor Name and Location of Business Phone No. and Email Address DIR Registration No. Subcontractor’s License No. and Classification* Amount of Work by Subcontractor in Dollars* Page _____ of _____ pages of this Subcontractor Designation form _________________ * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Revised 6/12/18 Contract No. 5210 Page 27 of 157 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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 five projects involving steel water tank and pipeline construction with a value of $3,000,000 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 Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 6/12/18 Contract No. 5210 Page 28 of 157 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids 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. 5210 Page 29 of 157 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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. party debarred agency period of debarment party debarred agency period of debarment BY CONTRACTOR: (name of Contractor) By: (sign here) (print name/title) Page _____ of _____ pages of this Re Debarment form Revised 6/12/18 Contract No. 5210 Page 30 of 157 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period? ______ ______ yes no 2) Has the suspension or revocation of your contractor’s license ever been stayed? ______ ______ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period? ______ ______ yes no 4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? ______ ______ 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 _____ of _____ pages of this Disclosure of Discipline form Revised 6/12/18 Contract No. 5210 Page 31 of 157 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) By: (sign here) (print name/title) Page _____ of _____ pages of this Disclosure of Discipline form Revised 6/12/18 Contract No. 5210 Page 32 of 157 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 The undersigned declares: I am the ____________ of ______________, 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 ___________________________, 20____ at _________ [city], ________ [state]. ________________________________________________ Signature of Bidder Revised 6/12/18 Contract No. 5210 Page 33 of 157 CONTRACT PUBLIC WORKS This agreement is made this ____________ day of ____________________________, 2022, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and _______________________________ whose principal place of business is _______________________________________________ (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 (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. 5210 Page 34 of 157 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. 5210 Page 35 of 157 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. 5210 Page 36 of 157 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. 5210 Page 37 of 157 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. Revised 6/12/18 Contract No. 5210 Page 38 of 157 (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ________ init ________ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the 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. /// /// /// /// /// /// Revised 6/12/18 Contract No. 5210 Page 39 of 157 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (name of Contractor) By: (sign here) (print name and title) By: (sign here) (print name and title) CARLSBAD MUNICIPAL WATER DISTRICT a municipal corporation of the State of California By: MATT 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: CINDIE K. McMAHON General Counsel By: Assistant General Counsel Revised 6/12/18 Contract No. 5210 Page 40 of 157 LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to _____________________________________________________ (hereinafter designated as the "Principal"), a Contract for: RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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 furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ______________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ Dollars ($_______________), 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 accompanying the same shall affect its obligations on this bond, and it does hereby waive notice Revised 6/12/18 Contract No. 5210 Page 41 of 157 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 ______________ day of __________________________, 20____ _______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: _________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________ (Print Name & Title) (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel By: _________________________________ Assistant General Counsel Revised 6/12/18 Contract No. 5210 Page 42 of 157 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to _____________________________________________________ (hereinafter designated as the "Principal"), a Contract for: RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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, ______________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ Dollars ($_______________), 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. 5210 Page 43 of 157 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 ______________ day of __________________________, 20____ _______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: _________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________ (Print Name & Title) (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel By: _________________________________ Assistant General Counsel Revised 6/12/18 Contract No. 5210 Page 44 of 157 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 ____________________________________________________________ whose address is _____________________________________________________ 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 RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 in the amount of ___________________________ 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. 5210 Page 45 of 157 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. 5210 Page 46 of 157 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 Revised 6/15/17 Contract No. 5210 Page 47 of 157 GENERAL PROVISIONS FOR RECYCLED WATER PHASE 3, D-4 RESERVOIR CONTRACT NO. 5210 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. 5210 Page 48 of 157 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. Average Sound Level – The level, in decibels, of the mean-square A-weighted sound pressure during a stated time period, with reference to the square of the standard reference sound pressure of 20 micropascals. The "average sound level" is equivalent to the industry standard Leq. See Equivalent Continuous Sound Level. 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. Revised 6/15/17 Contract No. 5210 Page 49 of 157 Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the Contract Documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits, 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. Decibel – A unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. 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. Revised 6/15/17 Contract No. 5210 Page 50 of 157 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. Equivalent Continuous Sound Level (Leq) – The average sound level which, over a given period of time, has the same total energy as the fluctuating noise and is also known as the time- average sound level. 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. Revised 6/15/17 Contract No. 5210 Page 51 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 52 of 157 Shop Drawings – Drawings showing the details of manufactured or assembled products proposed to be incorporated into the Work. Sound Level – The weighted sound pressure level obtained using a sound level meter and frequency weighting network as provided in the American National Standards Institute (ANSI) specifications for sound level meters. "Sound level" means the same as "noise level." 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. 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. Revised 6/15/17 Contract No. 5210 Page 53 of 157 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. 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 Revised 6/15/17 Contract No. 5210 Page 54 of 157 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 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 Revised 6/15/17 Contract No. 5210 Page 55 of 157 MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent 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 Revised 6/15/17 Contract No. 5210 Page 56 of 157 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 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) Revised 6/15/17 Contract No. 5210 Page 57 of 157 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): °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. 5210 Page 58 of 157 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. 5210 Page 59 of 157 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. 5210 Page 60 of 157 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. 5210 Page 61 of 157 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. 518-9, 518-9A, 518-9B, & 518-9L 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. 5210 Page 62 of 157 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. 5210 Page 63 of 157 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): .” 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: 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. Revised 6/15/17 Contract No. 5210 Page 64 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 65 of 157 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. 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 all horizontal and vertical control data for improvements including, but not limited to pipeline alignments (sewers, storm drains, potable water, recycled water) and their appurtenances, curbs, headers, above or below-grade 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. Revised 6/15/17 Contract No. 5210 Page 66 of 157 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 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 Revised 6/15/17 Contract No. 5210 Page 67 of 157 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. 5210 Page 68 of 157 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. 5210 Page 69 of 157 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. 5210 Page 70 of 157 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. 5210 Page 71 of 157 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. 5210 Page 72 of 157 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. 5210 Page 73 of 157 “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. 5210 Page 74 of 157 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. 5210 Page 75 of 157 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. 5210 Page 76 of 157 (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 Revised 6/15/17 Contract No. 5210 Page 77 of 157 claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (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. Revised 6/15/17 Contract No. 5210 Page 78 of 157 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 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. 5210 Page 79 of 157 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. 5210 Page 80 of 157 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. 5210 Page 81 of 157 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. 5210 Page 82 of 157 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using Revised 6/15/17 Contract No. 5210 Page 83 of 157 standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries, the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 6/15/17 Contract No. 5210 Page 84 of 157 SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which are known to exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. Prior to any excavation, the Contractor shall determine the location and depth (potholing) of every crossing point between the proposed pipeline or structure and the existing utilities shown on the Plans or that have been marked by the respective owners per Section 402-1. The pothole log shall be submitted a minimum of one week prior to excavating the crossing location. The Contractor shall determine, by potholing, the locations and depths of all utilities which are shown on the Contract Documents or have been marked by the utility owners and which may affect or be affected by its operations. The Contractor shall pothole all service connections, utilities that cross or parallel (within 5 feet) the proposed construction, and all connection points to existing utilities. The Contractor shall record the material size, type, and horizontal and vertical locations (bearing and slope) and submit the data to the Engineer in accordance with Section 2-5.3. If no separate pay item is provided in the Contract for potholing, full compensation for such work shall be considered included in the bid item of work requiring the potholing and no separate payment shall be made therefor. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. Revised 6/15/17 Contract No. 5210 Page 85 of 157 The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. The costs involved in the removal and disposal shall be considered incidental to the bid items of work necessitating such removals and no separate payment shall be made therefor, unless a bid item for “Removal” is specifically included in the bid proposal. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as directed and approved by the City. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Revised 6/15/17 Contract No. 5210 Page 86 of 157 Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. Revised 6/15/17 Contract No. 5210 Page 87 of 157 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Close cooperation with City or CMWD Operations staff will be required during all maintenance of planned operations and prior to water utility shutdowns, construction, highlining, sewer bypassing, testing, disinfection, pipeline connections, commissioning and/or project completion. Revised 6/15/17 Contract No. 5210 Page 88 of 157 SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law, the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format and submit the schedule in accordance with 2-5.3. The schedule shall: A. Be prepared using a commercially available, Windows compatible software program, “Suretrak” by Primavera or “Project” by Microsoft Corporation or approved equal. B. Be prepared in hard copy (paper) and electronic (Adobe PDF) format and free of file locking, encryption or any other protocol that would impede full access to the data and labeled with the project name and number, the Contractor’s name and the date of preparation. C. Begin with the date projected for the Notice to Proceed and conclude with the date of final completion conforming with the Contract time. D. Depict a time-scaled network diagram of all activities, logic relationships of interdependent activities, and milestones comprising the complete period of Work with tasks on the vertical axis and their durations on the horizontal axis. Use distinctive texture patterns or line types to show the critical path within the Contract time. Include a tabular listing of each activity and its identification number, description, duration, early start, early finish, late start, late finish, total float, and all predecessor and successor activities. The number of activities will communicate the Contractor’s plan for project execution, accurately describe the project work and allow monitoring and evaluation of progress and time impacts. Activity descriptions shall accurately define the work planned for the activity. Activity durations shall not be shorter than 1 working day or longer than 15 working days unless approved by the Engineer. E. Include detail of all project phasing, staging and sequencing including all milestones necessary to define beginning and ending of each phase or stage and constraints which may impact any activity. Include time allowances for coordination with utility companies and other agencies, equipment and material deliveries, submittal reviews and approvals, Revised 6/15/17 Contract No. 5210 Page 89 of 157 traffic control setup and phasing, Work performed by others, inspections, testing and commissioning, corrective work, and any non-work periods. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. A schedule which shows a project duration longer than the Contract Time will not be acceptable and will be grounds to consider the Contractor in default of the Contract per 6-4. The Engineer may choose to accept the Contractor’s proposal of a project duration which is shorter than the Contract time provided the shortened Baseline Construction Schedule is reasonable and demonstrates, to the satisfaction of the Engineer, that the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened schedule. Acceptance of a shortened Baseline Construction Schedule will be confirmed through the execution of a Change Order revising the Contract time. The Engineer’s approval of the Baseline Construction Schedule is a condition precedent to issuance of the Notice to Proceed. If the schedule does not meet the requirements of these specifications, the Contractor shall revise the schedule and resubmit it to the Engineer. Failure to obtain the Engineer’s approval of the schedule within thirty (30) working days after the date of the preconstruction meeting shall be grounds to consider the Contractor in default of the Contract per 6-4. The number of working days used by the Engineer to review the initial Baseline Construction Schedule submittal will not be included in the 30 working days. The Engineer shall complete subsequent reviews of the revised schedule and progress updates within 5 working days of receipt. The Engineer’s response to each review will consist of one of the following: “Accepted.” The Contractor may proceed with the Work upon issuance of the Notice to Proceed. Payment for the schedule may be requested by the Contractor. “Accepted with Comments.” The Contractor may proceed with the Work upon issuance of the Notice to Proceed. The Contractor must revise and resubmit the schedule and receive the Engineer’s acceptance of the schedule before payment for the schedule is requested by the Contractor. “Not Accepted.” The Contractor may not proceed with the Work, must revise and resubmit the schedule and may not request payment for the schedule. 6-1.1.2 Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon the completion level of each activity as a basis for progress payments. Schedule updates shall conform with the requirements for the initial submittal in 6-1.1.1 and shall: A. Show the actual dates of each activity start and/or finish during the month. The schedule update shall include specific notation for any changes in actual dates after they are first reported. B. Report the percent complete for each activity in progress at the end of the month as determined by the Engineer. C. Include a list and explanation of all changes made to the activities, dates or interconnecting logic. Revised 6/15/17 Contract No. 5210 Page 90 of 157 D. Include activity and network revisions reflecting the Change Orders approved in the previous month as agreed upon during the review and acceptance of the Change Orders. The Engineer’s responses to the progress schedule updates shall be as described in 6-1.1.1. The Contractor shall proceed with Work and request payment for the progress schedule updates as described therein. If the Contractor fails to submit the progress schedule updates as required herein, the Contractor may elect to proceed with the Work at its own risk and shall forfeit payment for the progress schedule update until compliance is met. If the Contractor elects to delay or cease Work after failure to submit the progress schedule updates, any resulting delay, impact, or disruption to the Work will be the Contractor’s responsibility. 6-1.1.3 Interim Revisions. Should the actual or projected progress of the Work exceed 5 percent of the Contract Time, the Contractor shall prepare and submit a revised Baseline Construction Schedule independently of and prior to the next progress schedule update with a list and explanation of each change made to the schedule. The submittal, schedule review and acceptance requirements of 6-1.1.2 shall apply, 6-1.1.4 Late Completion or Milestone Dates. If a schedule update indicates a completion date later than the Contract time or contractually required milestone completion date, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent schedule update which removes all or a portion of the delay be “Accepted” by the Engineer, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following such acceptance. 6-1.1.5 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the Work is completed. The update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed in accordance with 6-1.1.2. Acceptance of the final schedule update is required for release of funds retained per 9-3.2. 6-1.1.6 Measurement and Payment. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. Revised 6/15/17 Contract No. 5210 Page 91 of 157 If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. The Contractor shall incorporate non-work days, moratoriums or special events specified in the Contract Documents into the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustments of contract time will be allowed as a consequence of these events. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Work as shown or specified on the Contract Documents. The work descriptions in this section are an overview only and shall not relieve the Contractor from its responsibilities to conduct all coordination and perform the Work in accordance with the Contract Documents. The Contractor shall conduct the following general work activities: 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. No more than 30 days prior to start of construction, coordinate with the City and its qualified biologist to perform a pre-construction survey of potential biological resources at or adjacent to the project site. The Contractor shall comply with all requirements of the Environmental Mitigation Monitoring and Reporting Program requirements pertaining to the Project Site (Appendix C.2). 3. Secure laydown/staging areas including any off-site staging area(s) if necessary. 4. Complete the Application for Water Meter Permit (Form E-27) to obtain a construction water meter from the City for any temporary water usage throughout duration of construction. 5. Conduct surveying and staking of areas to be graded, pipeline alignments and proposed improvements and appurtenances, limits of right-of-way or easements. Conduct Underground Service Alert (DigAlert) notification and utility mark-out after completion of surveying and staking. Conduct pre-construction video and photographs of haul routes and work areas showing construction stakes and/or alignment stationing . 6. Mobilize labor force, materials and equipment for subsequent phases of Work and install temporary facilities and BMPs, traffic control and excavation safety measures. The installation of temporary construction BMPs shall precede ground disturbing activities. 7. Coordinate with the Agency’s environmental monitors for observation prior to and during ground disturbing activities. 8. Pothole all utilities that cross or parallel (within 5 feet of) planned excavations and at connection points and immediately notify the Engineer of any potential conflicts or discrepancies with the Plans. 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. 9. Procure materials and equipment upon approval of submittals and shop drawings. 10. Complete the work of the contract in accordance with the approved construction schedule. 11. Complete Punchlist items. 12. Finalize clean up and restore construction areas. Revised 6/15/17 Contract No. 5210 Page 92 of 157 13. Provide warranty as specified. 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 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. Conduct clearing and grubbing and remedial grading of the tank pad and areas to receive new fill. Import and place fill to construct the tank pad, access road, storm water detention basin and basin drainage improvements. Phase 2. Construct reinforced concrete tank foundation and welded steel tank and appurtenances. Phase 3. Construct tank inlet and outlet piping, drain and overflow piping. The work of this phase may be performed concurrently with Phase 2. Phase 4. Preform surface preparation and apply interior and exterior tank coatings. Phase 5. Complete all piping connections to the tank and installation of tank appurtenances. Install electrical and instrumentation improvements. Phase 6. Construct paving, curb, gutter and sidewalk improvements Phase 7. Install irrigation and landscaping improvements. The work of this phase may be performed concurrently with Phase 5 and Phase 6. 6-2.2.1 Phasing Criteria. The Contractor shall accommodate the following criteria into the construction schedule and Work Plan: 1. Contractor shall submit a Site Work Plan. The Work Plan shall identify staging areas; describe the methods for the protection of existing improvements and utilities; and include a listing of materials and equipment necessary to complete the work. All construction activities shall meet the scheduling restrictions identified in these specifications or as determined by the Agency during review of the Contractor’s Work Plan. The existing tanks and access roads shall remain accessible for water operations. 2. Utility Shutdown/Connection Request (Form E-28) must be submitted at least two weeks prior to the desired shutdown date. The Agency will isolate all pipelines. The Contractor shall be responsible for all dewatering and water disposal. 3. Contractor shall coordinate with the City and its environmental monitors for observation prior to and during ground disturbing activities unless otherwise approved. 4. Excavations must be backfilled or securely shored and plated at the end of each work day. Revised 6/15/17 Contract No. 5210 Page 93 of 157 5. 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. Recycled water pipeline connection work shall not exceed 8 hours. 6. 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 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. 7. 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. 8. Excavations in the public right-of-way shall be backfilled as soon as possible and the base course of paving completed within ten working days of completing pipeline hydrostatic testing. 9. Site restoration shall be completed within five working days of completion of construction of all improvements. 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 procurement or delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of Revised 6/15/17 Contract No. 5210 Page 94 of 157 delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. 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. Revised 6/15/17 Contract No. 5210 Page 95 of 157 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. 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 300 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, Revised 6/15/17 Contract No. 5210 Page 96 of 157 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. In addition to Agency holidays, open excavations, tank construction (erection, surface preparation, abrasive blasting or coating operations) and service shutdowns will not be allowed on the day prior to Thanksgiving through the following Friday and from December 23 through 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. Revised 6/15/17 Contract No. 5210 Page 97 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 98 of 157 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. 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. 5210 Page 99 of 157 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. 5210 Page 100 of 157 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, haul route, 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, oversize load, 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. The use of materials or activities that can generate air emissions are regulated by the California Air Resource Board (CARB) and the San Diego County Air Pollution Control District (SDAPCD) and either require permits or are subject to state or local air regulations which establish limitations on product use or VOC content and requirements for recordkeeping and reporting. These materials and activities include, but are not limited to the following: • Abrasive blasting • Adhesives • Asbestos abatement, removal or disruption • Coating or painting • Concrete curing compounds • Demolition of buildings, equipment or structures • Fiberglass/polyester resin layup or machining • Operation of non-road diesel engines greater than 49 hp (including generators, compressors, pumps, hydro blasters, etc.) • Operation of off-road diesel engines greater than 25 hp (including forklifts, construction equipment, load handlers, etc.) Revised 6/15/17 Contract No. 5210 Page 101 of 157 • Solvents • Welding Operators of portable engines and other types of equipment can register their units under the CARB Statewide Portable Equipment Registration Program (PERP) in order to operate their equipment throughout California. However, the use of portable equipment (e.g., bypass pumps) to perform the function of permitted stationary equipment is subject to SDAPCD regulation in addition to CARB requirements. Diesel-engine driven generators or equipment shall have a valid permit or registration in accordance with the California Air Resources Board and/or the San Diego County Air Pollution Control District regulations prior to mobilization to the site. The Contractor shall submit a copy of the permit or registration documents for all equipment subject to state or local air pollution control regulations and maintain the permit or registration documents in valid standing during the performance of the Work. Products such as paints, adhesives, resins, solvents and other products shall comply with the Volatile Organic Compound (VOC) content limits established by CARB and/or the SDAPCD. The Contractor shall be responsible for determining that such products can be used legally in the performance of the Work. The Contractor shall maintain and submit records to the City Engineer on the quantities of paints or solvents used as may be required by applicable regulations. Prior to starting any activity that is required to have an air pollution control permit or registration, the Contractor shall verify the applicability of the latest air pollution control regulations pertaining to the proposed materials, equipment and operations and obtain and comply with applicable requirements: • Rule 11 – Exemptions from Rule 10 Permit Requirements Rule 12 – Registration of Specified Equipment • Rule 12.1 – Portable Equipment Registration • Rule 51 – Nuisance • Rule 67.0.1 – Architectural Coatings • Rule 67.17 – Storage of Materials Containing Volatile Organic Compounds • Rule 71 – Abrasive Blasting San Diego Air Pollution Control District: 858-586-2600 https://www.sdapcd.org/content/sdapcd/permits.html California Air Resource Board: https://ww2.arb.ca.gov/our-work/programs/portable-equipment-registration-program-perp/about 7-5.3 Recycled Water Site Use Permit. The Contractor shall comply with the requirements of the San Diego County, Department of Environmental Health and Quality (DEHQ) regulations pertaining to the construction and use of recycled water facilities and the Plans. The requirements of DEHQ regulations are incorporated in the Carlsbad Engineering Standards, Volume 2. All subsurface recycled water piping installation, testing and backfilling shall be subject to inspection and performed only upon the approval of the Engineer. Revised 6/15/17 Contract No. 5210 Page 102 of 157 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. 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 three projects involving steel water tank and pipeline construction with contract values of at least $3,000,000. The Contractor shall be responsible for submitting verifiable experience records. 2. Completion of OSHA 30-hour Construction Training Course. Submit certification as proof. 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 the 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 Revised 6/15/17 Contract No. 5210 Page 103 of 157 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 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. Revised 6/15/17 Contract No. 5210 Page 104 of 157 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees 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 limit the land disturbance area resulting from construction activities to less than 1 acre and comply with a City of Carlsbad Tier 2, High Threat Construction SWPPP (see Appendix A). The Contractor shall prepare, amend and implement the SWPPP to suit the Contractor’s construction operations. The Contractor shall comply with the City’s Construction Storm Water Pollution Prevention Plan (SWPPP) standards and requirements to ensure compliance with the City of Carlsbad Storm Water Ordinance and the Municipal Permit, as issued by the San Diego California Regional Water Quality Control Board (SDRWQCB) San Diego Region Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9- 2015-0100; National Pollutant Discharge Elimination System (NPDES) No. CAS0109266 and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within San Diego Region and any amendment, revision or re-issuance thereof. Refer to Section 300-12. Revised 6/15/17 Contract No. 5210 Page 105 of 157 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 approved 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. Signs shall be posted at jobsite entrance(s) indicating hours of work as prescribed by the ordinance. Unless otherwise specified in the Contract Documents, sound levels on any work day, when measured at the property boundary where the noise source is located or at a fixed location on any occupied property where the noise is being received, shall comply with the following: 1. The average sound level over an eight-hour period shall not exceed 75 decibels. 2. The maximum sound level from impulsive noise shall not exceed 85 decibels in residential areas, or 90 decibels in agricultural, commercial or industrial areas, for 30 minutes of a one-hour measurement period. Measurements shall be conducted every minute to measure the maximum sound level during each minute of the measurement period. If the measured sound level exceeds the specified maximum sound level for any portion of any minute, the maximum sound level shall be considered exceeded during that minute. 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. Revised 6/15/17 Contract No. 5210 Page 106 of 157 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 be completed after construction staking unless approved otherwise by the Engineer. Include the following as a minimum: 1. Video of existing public right-of-way, proposed alignment or improvement areas, proposed graded areas, 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 Agency 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 Agency seven calendar days in advance and coordinate the scheduling of the video so that a representative of the Agency may accompany the Contractor during video recording. 6. At the completion of the survey, the Contractor shall submit a report detailing the existing conditions at each work site, staging, and/or 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 (digital color photos are acceptable). c. Written summary of “potential problem areas” and the Contractor’s recommendations to address these problem areas. 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 Agency. 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 Revised 6/15/17 Contract No. 5210 Page 107 of 157 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: 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. Revised 6/15/17 Contract No. 5210 Page 108 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 109 of 157 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 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, Revised 6/15/17 Contract No. 5210 Page 110 of 157 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. Payment for performing all work necessary for the design or implementation of excavation safety measures shall be included in the prices bid for other items of work except where a separate bid item is 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. Revised 6/15/17 Contract No. 5210 Page 111 of 157 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.6 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 Revised 6/15/17 Contract No. 5210 Page 112 of 157 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: 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 Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. 5. 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. 6. 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. Revised 6/15/17 Contract No. 5210 Page 113 of 157 7. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer. 8. 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 or driveway. 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). 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. Revised 6/15/17 Contract No. 5210 Page 114 of 157 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 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.” 7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A current copy of applicable wage rates is on file in the Office of the City Engineer. Davis Bacon minimum wage rates for this project as predetermined by the United States Secretary of Labor are available at the U.S. Department of Labor’s web site, www.dol.gov. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Davis Bacon minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Davis Bacon minimum wage determinations. This includes Revised 6/15/17 Contract No. 5210 Page 115 of 157 "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Davis Bacon minimum wage rate, which most closely approximates the duties of the employees in question. Revised 6/15/17 Contract No. 5210 Page 116 of 157 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 360 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. 5210 Page 117 of 157 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. 5210 Page 118 of 157 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. 5210 Page 119 of 157 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. 5210 Page 120 of 157 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. 5210 Page 121 of 157 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. 5210 Page 122 of 157 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. 5210 Page 123 of 157 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, securing construction water supply, providing power necessary for construction, providing all temporary construction fencing; installing, maintaining and removing project signs; providing on-site sanitary facilities; posting OSHA requirements and establishing safety Revised 6/15/17 Contract No. 5210 Page 124 of 157 programs, demobilization and any other work or services not included in any other bid item. This work also includes the cost for maintaining and submitting the project record drawings at the end of the project. These record drawings must be reviewed monthly with the Agency to receive progress or final payments for any work. The Contractor hereby agrees that the price paid is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), 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 is required for this project. A field laboratory or bathhouse facilities are not required. Preconstruction Survey 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 survey in accordance with 7-9.1 and all other work necessary to complete this item of work as described in the Contract Documents. Temporary Traffic Control The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment and incidentals to obtain right-of-way and haul route permits, 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. 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, Revised 6/15/17 Contract No. 5210 Page 125 of 157 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. Subsurface Utility Locating and 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 or other approved methods, 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. Unclassified Excavation The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and perform all work in accordance with Section 300-2, as modified in the Special Provisions, including all dewatering, excavation, over-excavation, export and disposal of surplus or unsuitable materials, scarification, water and moisture conditioning, backfill, compaction, protection of existing utilities, and all other work necessary to complete excavations, or over-excavation and backfill (remedial grading) to the lines and grades in accordance with the Contract Documents. Imported Borrow The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and perform all work in accordance with Section 300-5, as modified in the Special Provisions, including importing borrow soils required for site grading in accordance with the Contract Documents. This bid item shall include all costs for field and/or laboratory testing to determine suitability, transportation and incidental services. Unclassified Fill The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and perform all work in accordance with Section 300-4 including dewatering, grading, water and moisture conditioning, backfill, compaction, protection of existing utilities, and all other work necessary to complete site grading to the lines and grades shown on the Plans or required by the Contract Documents. Construct Reinforced Concrete Ringwall Foundation The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the reinforced concrete tank foundation, complete in- place, in accordance with the Contract Documents. The price paid shall include, but not be limited to dewatering; excavation; export and disposal of surplus materials; subgrade preparation; formwork; steel reinforcement; embeds and anchor bolts; concrete placement, Revised 6/15/17 Contract No. 5210 Page 126 of 157 finishing and curing; coordinating Special Inspections; and all incidental work or services necessary to complete this item in its entirety. Construct 1.5 Million Gallon Welded Steel Tank And Appurtenances The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the welded steel tank and appurtenances, complete in- place, in accordance with the Contract Documents. The price paid shall include, but not be limited to preparation of shop drawings stamped by a registered structural engineer; steel plate, pipes or shapes; fabrication, erection and welding; tank anchorages and all appurtenances including exterior spiral staircase, access hatches, roof vents, tank drain, tank overflow, cleanouts, manways, nozzles, brackets, hardware, roof mounted davit crane, granular subgrade materials beneath tank, interior and exterior coating systems, cleaning, hydrostatic testing and all incidental work or services to complete this item in its entirety. The Contractor shall pay for all environmental testing for compliance with permits, materials testing and welding inspections, coating system testing and inspections, and any repeat testing including water used due to failed hydrostatic testing of the tank. Furnish and Install CML&C Steel Yard Piping The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct yard piping of the size and type specified, complete in- place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to pavement saw-cutting, removal and disposal; excavation; dewatering; export and disposal of surplus or unsuitable materials; pipe, fittings and special pieces; thrust restraint systems; connections to the tank and existing pipelines; pipe bedding and backfill; compaction; hydrostatic testing and all other work necessary to complete this item of work in its entirety. Furnish and Install 16” Steel Casing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment for pipe casing of the size and type specified, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to casing pipe, casing spacers, casing end seals, welding, coatings and all incidental work necessary to complete this item of work in its entirety. This bid item does not include labor, materials or equipment paid for in any other pipeline construction bid item. Furnish and Install 18-Inch Butterfly Valve The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new butterfly valves 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 and valve box and lid. This bid item shall not include labor, materials or equipment paid for in any other pipeline construction bid item. Furnish and Install 12-Inch 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 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 and valve box and lid. This bid item shall not include labor, materials or equipment paid for in any other pipeline construction bid item. Revised 6/15/17 Contract No. 5210 Page 127 of 157 Furnish and Install 6-Inch 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 gate valve of the size specified and in accordance with the Contract Documents. This bid item shall include gaskets; hardware; corrosion protection coatings and all other work necessary to complete this item of work in its entirety. Gate valves for fire hydrant assemblies will be measured and paid for under a separate bid item. Furnish and Install 2-Inch Manual Air Release 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 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 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 complete in-place, in accordance with the Contract Documents. This item includes, but is not limited to; piping, fittings; welding, coatings, valve supports, combination air valve; and all other work necessary to complete this item of work in its entirety. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Pipeline 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 to connect the new pipeline to the existing water main at the stations identified on the bid schedule and in accordance with the Contract Documents. This item shall include coordination with Agency personnel, pavement saw-cutting, removal and disposal; excavation; dewatering; removal of existing or to be abandoned conduits or structures; pipe and fittings; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; hydrostatic testing and all incidental work. This bid item shall not include pavement structural section restoration which shall be measured and paid for under a separate bid item. Furnish and Install 12-Inch Tank Overflow Pipe, STA 50+00 TO STA 50+86 The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the tank overflow pipeline of the size and type specified, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to all excavation, dewatering, export and disposal of surplus or unsuitable materials, pipe, fittings, connections to the tank and outlet head wall, thrust restraint systems, cut off walls, pipe bedding and backfill, compaction, warning tape and tracer wire, and all incidental work necessary to complete this item of work in its entirety. Furnish and Install Tank Drain The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and construct tank drain piping of the size and type and to the limits Revised 6/15/17 Contract No. 5210 Page 128 of 157 specified, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to pavement saw-cutting, removal and disposal; excavation; dewatering; export and disposal of surplus or unsuitable materials; pipe and fittings; thrust restraint systems; cutoff walls; connections to the tank; pipe bedding and backfill; compaction; warning tape and tracer wire; CCTV inspection and all other work necessary to complete this item of work in its entirety. Furnish and Install Catch Basin The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and construct catch basin, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to pavement saw-cutting, removal and disposal; excavation; dewatering; export and disposal of surplus or unsuitable materials; subgrade preparation; frame and cover; grouting; backfill; compaction; pipe connections; testing and all incidental work necessary to complete this item of work in its entirety. Furnish and Install 6-Inch Biofiltration Basin Drain The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the basin drain piping of the size and type specified, complete in-place, and in accordance with the Contract Documents and shall include, but is not limited to pavement saw-cutting, removal and disposal; excavation; dewatering; export and disposal of surplus or unsuitable materials; pipe and fittings; casings; connections to headwalls; pipe bedding and backfill; compaction; warning tape and tracer wire; CCTV inspection and all incidental work necessary to complete this item of work in its entirety. 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; hydrant; gate valve; 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 pad; fire hydrant marker 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 Protection Posts The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new protection post assembly per CMWD Standard Drawing No. W-25 and in accordance with the Contract Documents. This item shall include, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; pipe; coatings; concrete and all incidental work. Furnish and Install 5-Ft Diameter Manhole (Station Per Bid Schedule) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct new sewer manhole per City of Carlsbad Standard Drawing S-1 of the size and type specified, complete in-place, and in accordance with the Contract Documents. This item shall include, but is not limited to pavement saw-cutting, removal and disposal; excavation; dewatering; sewer bypassing; export and disposal of surplus or unsuitable materials; crushed rock bedding; cast-in-place concrete base (where specified) or Revised 6/15/17 Contract No. 5210 Page 129 of 157 polymer concrete base; polymer concrete risers, cone and grade rings; frame and cover; pipe connections; backfill; compaction; testing and all incidental work necessary to complete this item of work in its entirety. Cathodic Protection System The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install cathodic protection improvements for the tank and pipelines 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; bond wire; test wire; exothermic welding and connectors; galvanic anodes; conduit; hardware; terminal boards; insulating kits; imported bedding and backfill materials; test box and lid and testing of the completed system. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. Anodes for the tank cathodic protection system shall be furnished, installed and tested by the Contractor in accordance with Section 09873. Furnish and Install Aggregate Base The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to place untreated aggregate base (Caltrans Class II, Section 26- 1.02B), complete in-place in accordance with the Contract Documents. The price paid shall include, but not be limited to preparing and compacting the subgrade and importing, moisture conditioning, placing and compacting aggregate base above the trench zone in pipeline trenches, beneath welded steel tank, beneath asphalt concrete paving or beneath Portland cement concrete pavement, flatwork or curb and gutter, including all incidental work necessary to complete this item of work in its entirety. Furnish and Install Asphalt Concrete Paving The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment for asphalt concrete pavement, complete in-place in accordance with the Contract Documents. The price paid shall include, but not be limited to pavement saw- cutting and cold milling not included in any other bid item; applying tackifiers; placing and compacting asphalt concrete base and finish courses; 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. Furnish and Install PCC Sidewalk and Pavement The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct Portland cement concrete flatwork, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to pavement saw-cutting, removal and disposal; subgrade preparation; formwork; steel reinforcement; concrete placement, finishing and curing, and all incidental work or services for the construction of concrete sidewalks, paving or other flatwork not included in any other bid item. Furnish and Install PCC Curb or Curb and Gutter The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct Portland cement concrete curb (separate) or curb and gutter (combined) of the type specified, complete in-place, and in accordance with the Contract Revised 6/15/17 Contract No. 5210 Page 130 of 157 Documents and shall include, but is not limited to pavement saw-cutting, removal and disposal; subgrade preparation; formwork; steel reinforcement; concrete transporting and placement; finishing and curing and all incidental work or services. Furnish and Install PCC Cross Gutter The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct Portland cement concrete cross gutter of the type specified, complete in-place, and in accordance with the Contract Documents and shall include, but is not limited to pavement saw-cutting, removal and disposal; subgrade preparation; formwork; steel reinforcement; concrete transporting and placement; finishing and curing and all incidental work or services. Furnish and Install Concrete Drainage Ditch The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct Portland cement concrete drainage ditch of the type shown or specified, complete in-place, in accordance with the Contract Documents and shall include, but is not limited to pavement saw-cutting, removal and disposal; subgrade preparation; formwork; steel reinforcement; concrete transporting and placement; finishing and curing, and all incidental work or services. Modify Tank Overflow Pipe Headwall The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the tank overflow pipe headwall (splash wall) including but not limited to excavation, disposal of excess excavated material, coring, drilling, surface preparation, bedding and backfill, compaction, formwork, steel reinforcement, concrete transporting and placement, finishing and curing and all incidental work necessary to complete this item in its entirety. Furnish and Install Rock-Lined Channel The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct rock lined drainage channels, complete in-place, in accordance with the Contract Documents and shall include, but is not limited to excavation, removal and disposal of surplus material; subgrade preparation; geotextiles; liners; drainage rock, and all incidental work or services. Furnish and Install Rip Rap Energy Dissipater The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct rip rap energy dissipaters, complete in-place, and in accordance with the Contract Documents and shall include, but is not limited to excavation, removal and disposal of surplus material, concrete sill, geotextile, bedding, stone and all incidental work necessary to complete this item in its entirety. Construct Biofiltration Basin The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct the biofiltration basin, complete in-place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to excavation, backfill, compaction, reinforced concrete outlet structure, frame and grate assemblies, trash capture filter, impermeable membrane, drain rock, filter course, perforated pipe, cleanouts, mulch and all incidental work necessary to complete this item of work in its entirety. Revised 6/15/17 Contract No. 5210 Page 131 of 157 Construct Biofiltration Basin Drain Headwall The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct reinforced concrete headwall of the type specified, including but not limited to excavation, removal and disposal of surplus material, formwork, steel reinforcement, concrete, backfill, compaction and all incidental work to complete this item of work in its entirety. Electrical and Instrumentation Improvements The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to install electrical and instrumentation improvements, complete in- place, and in accordance with the Contract Documents. This bid item shall include, but is not limited to conduits, fittings, raceways, conductors, pull boxes, junction boxes, switches, receptacles, anchorages and supports, enclosures, panels, concrete encasements, equipment, indicating lights, gauges, pressure transmitters, level sensors, labeling, testing and commissioning and all incidental work to complete this item of work in its entirety. Irrigation System Improvements The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct irrigation system improvements, complete in-place, in accordance with the Contract Documents and shall include, but is not limited to trench excavation and backfill; irrigation piping; sleeves; wiring; strainers; valves; valve boxes; sprinkler heads, bubblers and emitters; controllers; flushing and testing; adjustment of irrigation systems; recycled water identification and signage and all incidental work or services necessary to complete this item of work in its entirety. Landscape Improvements The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to construct or install landscape improvements, complete in-place, and in accordance with the Contract Documents and shall include, but is not limited to tree preservation; earthwork; soil preparation and conditioning; topsoil; seed; sod; stolons; shrubs; trees; groundcover; headers and stakes and all incidental work or services necessary to complete this item of work in its entirety. Maintenance and Plant Establishment The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment for to maintain the irrigation and landscape improvements during the plant establishment and warranty period in accordance with the Contract Documents and shall include, but is not limited to maintenance of irrigation systems, cleaning, weeding, pruning and/or replacement of plantings and all incidental work or services necessary to complete this item of work in its entirety. Seal Welding (Additive Item) The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment for seal welding interior tank joints above the high water level that are inaccessible for coating such as roof plate to rafters, welded lap joints, back-to-back angle iron, rafter-to-column supports, etc per Section 13200, including structural calculations for member and weld design and all incidental work or services to complete this item in its entirety. Revised 6/15/17 Contract No. 5210 Page 132 of 157 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. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 6/15/17 Contract No. 5210 Page 133 of 157 200-2.4.3 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. 201-1.2.4 Chemical Admixtures. Substitute the following: Revised 6/15/17 Contract No. 5210 Page 134 of 157 (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. 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 Revised 6/15/17 Contract No. 5210 Page 135 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 136 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 137 of 157 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. 5210 Page 138 of 157 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. 5210 Page 139 of 157 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 – EARTHWORK Delete in its entirety and replace with the following: 300-2.5 Slopes. Excavation slopes shall be finished in conformance with the lines and grades shown on the Plans. All debris and loose material shall be removed. When completed, the average plane of the slopes shall conform to the slopes indicated on the Plans and no point on the completed slopes shall vary from the designated plane by more than 3 inches (76.2 mm) measured at right angles to the slope. The top and toe of excavation slopes shall not vary by more than 0.2’ (61 mm) from the Plans. Where excavation is in rock, no point shall vary more than 2 feet (600 mm) from the designated plane of the slope. In no case shall any portion of the slope encroach so as to interfere with the planned use of the facility. The tops of excavation slopes and the ends of excavations shall be rounded where shown on the Plans, and these quantities will not be included in the quantities to be paid for as excavation. This work will be considered as a part of finishing slopes and no additional compensation will be allowed therefor. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4. Delete in its entirety and replace with the following: 300-4.8 Slopes. Slopes constructed of unclassified fill shall be finished in conformance with the lines and grades shown on the Plans. Completed fill slopes shall conform with the tolerances in 300-2.5 unless otherwise specified. 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. The most recent construction SWPPP templates are available on the City’s website. Revised 6/15/17 Contract No. 5210 Page 140 of 157 300-12.2 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 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 Revised 6/15/17 Contract No. 5210 Page 141 of 157 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, 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. Revised 6/15/17 Contract No. 5210 Page 142 of 157 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 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. 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 D1557. 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. Revised 6/15/17 Contract No. 5210 Page 143 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 144 of 157 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. 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, 442 or 858 area codes and in northern San Diego County. 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 door knob 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, contact 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. Revised 6/15/17 Contract No. 5210 Page 145 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 146 of 157 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. 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. Revised 6/15/17 Contract No. 5210 Page 147 of 157 306-12 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. 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. Revised 6/15/17 Contract No. 5210 Page 148 of 157 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. 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 Revised 6/15/17 Contract No. 5210 Page 149 of 157 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. 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. 5210 Page 150 of 157 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 replaced with full depth asphalt concrete to a minimum width of one foot perpendicular from face Revised 6/15/17 Contract No. 5210 Page 151 of 157 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. 5210 Page 152 of 157 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. 5210 Page 153 of 157 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. 5210 Page 154 of 157 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 arc on curved alignment. Each rail unit placed within 3 m (10’) of a traffic lane shall have a Revised 6/15/17 Contract No. 5210 Page 155 of 157 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 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 Revised 6/15/17 Contract No. 5210 Page 156 of 157 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 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 Revised 6/15/17 Contract No. 5210 Page 157 of 157 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. Technical Specifications Appendix A SWPPP Template Appendix B Geotechnical Report OFFICES NATIONWIDE 15092 AVENUE OF SCIENCE, STE 200 | SAN DIEGO, CA 92128 | www.NV5.COM | OFFICE 858.715.5800 | FAX 858.715.5810 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Carlsbad Municipal Water District March 22, 2022 5950 El Camino Real Project Number 226816-000011.00 Carlsbad, California 92009-8802 Attention: Mr. Dave Padilla Project: Recycled Water Phase III: D-4 Reservoir Carlsbad Municipal Water District Carlsbad, California Subject: Addendum No. 2 – Clarification on Drainage Gradient Requirements for the Paved Road Located near the Proposed Water Tank. References: “Addendum No. 1 – Revised Remove and Recompaction Recommendations, Recycled Water Phase III: D-4 Reservoir, Carlsbad Municipal Water District,Carlsbad, California”, prepared by NV5 West, Inc. (NV5), dated May 25, 2021 “Geotechnical Investigation Report, Carlsbad Municipal Water District, Phase III Recycled Water Project, Carlsbad, California”, prepared by NV5 West, Inc. (NV5), dated April 24, 2019 Civil Plan Sheet C-01, “Improvement Plans for: Recycled Water Phase III: D-4 Reservoir, Tank Site Grading”, 100% Submittal (Not for construction), prepared by NV5 Dear Mr. Padilla, Introduction As requested, this 2nd letter addendum provides NV5 West, Inc. (NV5) clarification on gradient requirements for the proposed paved road located near the proposed water tank for the subject project. Reference is made to the original geotechnical report (dated April 24, 2019) and first letter addendum (dated May 25, 2021) prepared for the project. Reference is also made to the civil plan Sheet C-01 prepared for the project. Discussion In Appendix C, Typical Earthwork Guidelines, Section 8.3 of the referenced geotechnical report the following guidelines were presented regarding drainage gradient.  Surface drainage on the site shall be provided so that water is not permitted to pond. A gradient of 2 percent or steeper shall be maintained over the pad area and drainage patterns shall be established to remove water from the site to an appropriate outlet. Addendum No. 2 – Clarification on Drainage Gradient Requirements March 22, 2022 Recycled Water Phase III:D-4 Reservoir 226816-0000111.00 Carlsbad Municipal Water District Carlsbad, California Page 2 However, as noted in Sheet C-01, Detail B/C-1 the proposed paved road has a gradient ranging between 1% and 4%. Based on a review of the site grading and draining plan, it is NV5’s opinion that the minimum 1 % gradient as noted above is acceptable for this project application. Closing and Limitation NV5 appreciates the opportunity to be of service. We have prepared this letter in substantial accordance with the generally accepted geotechnical engineering practice as it exists in the site area at the time of our study. No warranty is expressed or implied. The limitations discussed in the referenced report apply to the recommendations contained in this letter. If you have any questions regarding this letter or need further assistance, please contact us at your convenience. Respectfully Submitted, NV5 Inc. Paul Cunningham, PE, GE No. 3186 Carl Henderson, PhD, GE No. 2886 Project Engineer CDO / VP – Geotechnical Services West Distribution (1) Addressee, via e-mail OFFICES NATIONWIDE 15092 AVENUE OF SCIENCE, STE 200 | SAN DIEGO, CA 92128 | www.NV5.COM | OFFICE 858.715.5800 | FAX 858.715.5810 CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Carlsbad Municipal Water District May 25, 2021 5950 El Camino Real Project Number 226816-000011.00 Carlsbad, California 92009-8802 Attention: Mr. Dave Padilla, PE, QSD Project: Recycled Water Phase III: D-4 Reservoir Carlsbad Municipal Water District Carlsbad, California Subject: Addendum No. 1 – Revised Remove and Recompaction Recommendations References: “Geotechnical Investigation Report, Carlsbad Municipal Water District, Phase III Recycled Water Project, Carlsbad, California”, prepared by NV5 West, Inc. (NV5), dated April 24, 2019 Civil Plan Sheet C-01, “Improvement Plans for : Recylced Water Phase III : D-4 Reservoir, Tank Site Grading”, 100% Submittal (Not for construction), prepared by NV5 Dear Mr. Padilla, Introduction As requested, this letter addendum provides NV5 West, Inc. (NV5) revised recommendations for removal and recompaction of “topsoil” material within the footprint of the subject project’s proposed water tank. Reference is made to the geotechnical report and civil plan Sheet C-01 prepared for the project. Per our correspondence with the City the following revisions are provided to our geotechnical recommendations for consideration. • Recommendations presented in Sections 9.1 (General) and 9.2 (Earthwork) of the referenced report should be revised to indicate “topsoil” within the footprint of the proposed water tank pad should be removed to a project elevation (as indicated on referenced Civil Plan Sheet C-01) of 372.0 feet. The removal should extend at least 5 feet outside of the perimeter of the water tank pad footprint. • The base of the excavation noted above should be scarified in place to a depth of at least 8 inches, moisture conditioned within 2 percent above optimum moisture content (unless otherwise directed by the geotechnical engineer) and compacted to at least 95 percent relative compaction based on laboratory standard ASTM D1557. • Excavated “topsoil” noted above can be placed back in the excavation in approximately 8 inches lifts (loose thickness). The loose lifts should be moisture conditioned within 2 percent above optimum moisture content (unless otherwise directed by the geotechnical engineer) and compacted to at least 95 percent relative compaction based on laboratory standard ASTM D1557. Addendum No. 1 – Revised Remove and Recompaction Recommendations May 25, 2021 Recycled Water Phase III:D-4 Reservoir 226816-0000111.00 Carlsbad Municipal Water District Carlsbad, California Page 2 Closing and Limitation NV5 appreciates the opportunity to be of service. We have prepared this letter in substantial accordance with the generally accepted geotechnical engineering practice as it exists in the site area at the time of our study. No warranty is expressed or implied. The limitations discussed in the referenced report apply to the recommendations contained in this letter. If you have any questions regarding this letter or need further assistance, please contact us at your convenience. Respectfully Submitted, NV5 Inc. Gene Custenborder, CEG No. 1319 Carl Henderson, PhD, GE No. 2886 Senior Engineering Geologist CDO / SoCal CQA Group Director Distribution (1) Addressee, via e-mail Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, CA PROJECT NUMBER: 226816-0000111 NV5 West, Inc. 15092 Avenue of Science, Suite 200 San Diego, CA 92128 GEOTECHNICAL INVESTIGATION April 24, 2019 Prepared For: Carlsbad Municipal Water District Ms. Shadi Sami, PE 5950 El Camino Real Carlsbad, California 92008-8802 ing r pre entative o the ComDocs gro 226816-0000111 NV5.COM | i Ms. Shadi Sami, PE April 24, 2019 Carlsbad Municipal Water District Project Number 226816-0000111 5950 El Camino Real Carlsbad, California 92008-8802 Subject: Geotechnical Investigation Report Project: Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Dear Ms. Sami: As requested, NV5 West, Inc. (NV5) is pleased to submit the results of the geotechnical investigation for the subject project. The purpose of this investigation was to evaluate the subsurface conditions for the proposed additional recycled water storage tank at the Carlsbad Municipal Water District (CMWD) D Tank site in Carlsbad, San Diego County, California. It is understood that the proposed project will consist of the construction of a new 1.5 MG, steel or prestressed concrete, recycled water storage tank. The new tank will have a shell height of approximately 40 feet and a diameter of approximately 86 feet. The proposed reservoir is planned to be located on an elevated pad at the site. Based on the subsurface exploration, subsequent testing of the subsurface soils, and engineering analyses, it was concluded that the construction of the proposed project is geotechnically feasible provided the recommendations contained herein are appropriately incorporated into the design and implemented during construction. The results of the geotechnical field explorations, laboratory tests, and geotechnical engineering recommendations and conclusions are presented herewith. It is recommended that the forthcoming project specifications, in particular, the earthwork/compaction sections, be reviewed by NV5 for consistency with our report prior to the bid process in order to avoid possible conflicts, misinterpretations, and inadvertent omissions, etc. It should also be noted that the applicability and final evaluation of recommendations presented herein are contingent upon construction phase field monitoring by NV5 in light of the widely acknowledged importance of geotechnical consultant continuity through the various design, planning and construction stages of a project. 226816-0000111 NV5.COM | ii NV5 appreciates the opportunity to provide this geotechnical engineering service for this project and looks forward to continuing our role as your geotechnical engineering consultant. Respectfully submitted, NV5 West, Inc. Gene Custenborder, CEG 1319 Carl Henderson PhD, GE, 2886 Senior Engineering Geologist CQA Group Director (San Diego) GC/CH:ma Distribution: (1) Addressee, via email 226816-0000111 NV5.COM | iii TABLE OF CONTENTS PAGE 1.0 INTRODUCTION ........................................................................................................................ 1 2.0 SCOPE OF SERVICES .............................................................................................................. 1 3.0 Site and PROJECT DESCRIPTION .......................................................................................... 2 4.0 FIELD EXPLORATION PROGRAM .......................................................................................... 3 5.0 LABORATORY TESTING .......................................................................................................... 3 6.0 GEOLOGY .................................................................................................................................. 4 6.1 Geologic Setting ............................................................................................................................... 4 6.2 Geologic Materials ........................................................................................................................... 4 6.3 Groundwater ..................................................................................................................................... 5 6.4 Faults .................................................................................................................................................. 5 7.0 SEISMIC AND GEOTECHNICAL HAZARDS ............................................................................ 6 7.1 Fault Rupture .................................................................................................................................... 6 7.2 Seismic Shaking ............................................................................................................................... 6 7.3 Liquefaction and Seismically-Induced Settlement ..................................................................... 6 7.4 Landslides and Slope Instability .................................................................................................... 7 7.5 Subsidence ........................................................................................................................................ 7 7.6 Tsunamis, Inundation Seiches, and Flooding .............................................................................. 7 7.7 Expansive Soils ................................................................................................................................. 7 8.0 CONCLUSIONS ......................................................................................................................... 7 9.0 DESIGN RECOMMENDATIONS .............................................................................................. 8 9.1 General ............................................................................................................................................... 8 9.2 Earthwork .......................................................................................................................................... 8 9.3 Utility Trenching and Temporary Excavations .............................................................................. 9 9.4 Dewatering ...................................................................................................................................... 11 9.5 Trench Bottom Stability ................................................................................................................. 11 9.6 Conduit Bedding ............................................................................................................................. 11 9.7 Backfill Placement and Compaction ........................................................................................... 12 9.8 Foundations..................................................................................................................................... 12 9.8.1 Design Parameters .................................................................................................................. 12 9.8.2 Settlement ................................................................................................................................. 13 9.8.3 Foundation Observation .......................................................................................................... 13 9.9 Foundations For Ancillary Structures .......................................................................................... 14 9.10 Seismic Design Parameters ......................................................................................................... 14 9.11 Soil Corrosion .................................................................................................................................. 15 10.0 DESIGN REVIEW AND CONSTRUCTION MONITORING ..................................................... 17 10.1 Plans and Specifications ............................................................................................................... 17 10.2 Construction Monitoring ................................................................................................................ 17 226816-0000111 NV5.COM | iv 11.0 LIMITATIONS .......................................................................................................................... 17 12.0 SELECTED REFERENCES ...................................................................................................... 18 FIGURES FIGURE 1 – SITE LOCATION MAP FIGURE 2 – GEOTECHNICAL BORING MAP FIGURE 3 – GEOLOGIC CROSS SECTION FIGURE 4 – GENERAL GEOLOGIC MAP FIGURE 5 – REGIONAL FAULT MAP FIGURE 6 – LATERAL SURCHARGE LOADS APPENDICES APPENDIX A – EXPLORATORY BORING LOGS APPENDIX B – LABORATORY TEST RESULTS APPENDIX C – TYPICAL EARTHWORK GUIDELINES APPENDIX D – GBA IMPORTANT INFORMATION ABOUT THIS GEOTECHNICAL REPORT 226816-0000111 NV5.COM | 1 1.0 INTRODUCTION This report presents the results of NV5’s geotechnical investigation for an additional 1.5 MG recycled water storage tank at the Carlsbad Municipal Water District’s D Tank site in Carlsbad, San Diego County, California. The approximate location of the project area is shown in Figure 1, Site Location Map. The purpose of this study was to evaluate the subsurface conditions and to provide geotechnical recommendations for the design and construction of the proposed water tank. This report summarizes the data collected and presents our findings, conclusions and recommendations. This report has been prepared for the exclusive use of the client and their consultants to describe the geotechnical factors at the project site which should be considered in the design and construction of the proposed project. Prospective bidders should consider it only as a source of general information subject to interpretation and refinement by their own expertise and experience, particularly with regard to construction feasibility. Contract requirements as set forth by the project plans and specifications will supersede any general observations and specific recommendations presented in this report. 2.0 SCOPE OF SERVICES NV5’s scope of services for this project included the following tasks:  Review of preliminary project plans, topographic maps, seismic hazard maps, geotechnical maps and literature pertaining to the vicinity of the project.  A site reconnaissance to observe the general surficial site conditions and to select specific boring locations.  Contacting Dig Alert to locate public utilities within the project site.  Coordinating with entities having an interest in the field exploration activities including the design team, the drilling subcontractor (Baja Exploration), Underground Service Alert and agencies associated with one-call notification.  Conducting a subsurface investigation, which included the drilling, logging and sampling of two (2) exploratory borings located within the project area to depths ranging between approximately27 to 30 ½ feet below ground surface (bgs). Soil samples obtained from the borings were transported to NV5’s in-house laboratory for observation and testing.  Performing laboratory testing on selected representative bulk and relatively undisturbed soil samples obtained during the field exploration program to evaluate their pertinent geotechnical engineering properties.  Performing an assessment of general seismic conditions and geotechnical hazards affecting the area and potential impacts on the subject project.  Engineering evaluation of the data collected to develop geotechnical recommendations for the design and construction of the proposed project. 226816-0000111 NV5.COM | 2  Preparation of this report including reference maps and graphics, presenting our findings, conclusions and geotechnical design recommendations specifically addressing the following items: o Evaluation of general subsurface conditions and description of types, distribution, and engineering characteristics of subsurface materials. o Evaluation of project feasibility including excavatability, trench stability, and suitability of on-site soils for backfill. o Recommendations and geotechnical parameters to be used for the design of the project. 3.0 SITE AND PROJECT DESCRIPTION The project site is located in the southeast quadrant of the CMWD’s D tank site located on the east side of Black Rail Road in the City of Carlsbad (refer to Figure 1, Site Location Map). The tank site area is currently a relatively level graded pad at an elevation of approximately 375 feet above mean sea level. Based on preliminary information, it is understood that the proposed project will include grading of the existing pad and construction of a new steel or prestressed concrete, recycled water storage tank at CMWD’s D Tank site. The capacity of the new tank will be approximately 1.5 million gallons. The new tank will have a shell height of approximately 40 feet and a diameter of approximately 86 feet. The proposed water tank will rest on a flat graded pad approximately 8 feet above the existing ground elevation. It is anticipated that mass grading will be performed to achieve the proposed grade if the tank pad. Reference: “Improvement Plans for D Tank Site Recycled Water Reservoir”, prepared by NV5, Inc., undated 226816-0000111 NV5.COM | 3 4.0 FIELD EXPLORATION PROGRAM Before starting NV5’s field exploration program, Underground Service Alert was notified of our drilling operations so that underground utility marking could be completed at the locations of exploration prior to excavation. Subsequently, the subsurface conditions were explored on March 1, 2019 by drilling, logging and sampling two (2) exploratory test borings (labeled B-1 through B-2)to maximum depths ranging between about 27 to 30.5 feet bgs by Baja Exploration using a CME-75 hollow stem auger drill rig. The approximate locations of the exploratory borings are presented on Figure 2, Geotechnical Boring Map. . The soil conditions encountered in the test borings were visually examined, classified, and logged in general accordance with the Unified Soil Classification System by an NV5 geologist. The logs of the exploratory test borings are presented in Appendix A, Exploratory Boring Logs. Bulk and relatively undisturbed drive samples of the soils obtained from the borings were tagged in the field and transported to our laboratory for further classification and testing. The drive samples were obtained using the California Modified Split Spoon and Standard Penetration Test (SPT) samplers, as described below. Subsequent to logging and sampling, the borings were backfilled with drill cuttings and bentonite soil chips. California Modified Split Spoon Sampler The split barrel drive sampler was driven with a 140-pound hammer allowed to drop freely 30 inches in general accordance with ASTM D1587. The number of blows for the last two of three 6-inch intervals were recorded during sampling and are presented in the logs of borings. The sampler has external and internal diameters of approximately 3.0 and 2.4 inches, respectively, and the inside of the sampler is lined with 1-inch-long brass rings. The relatively undisturbed soil samples within the rings were removed, sealed, and transported to the laboratory for observation and testing. Standard Penetration Test (SPT) Sampler A split barrel sampler was driven with a 140-pound hammer allowed to drop freely 30 inches in general accordance with ASTM D1586. The numbers of blows for the last two of three, 6-inch intervals were recorded during sampling and are presented in the logs of borings (i.e., N-value). The sampler has external and internal diameters of 2.0 and 1.4 inches, respectively. The soil samples obtained in the interior of the barrel were measured, removed, sealed and transported to the laboratory for observation and testing. 5.0 LABORATORY TESTING Laboratory testing was performed on selected representative bulk and relatively undisturbed soil samples obtained from the exploratory borings, to aid in the material classifications and to evaluate engineering properties of the materials encountered (see Appendix B). The following tests were performed:  In-situ density and moisture content (ASTM D2937 and ASTM D2216); 226816-0000111 NV5.COM | 4  Particle size analyses and No. 200-wash (ASTM D422 and ASTM D6913);  Atterberg Limits (ASTM D4318);  Direct Shear tests (ASTM D3080);  Maximum dry density test (ASTM D1557);  R-Value tests (ASTM D2844);  Expansion index (ASTM D4829); and  Corrosivity test series, including sulfate content, chloride content, pH-value, and resistivity (CTM 417, 422, and 643). Testing was performed in general accordance with applicable ASTM standards or California Test Methods. A summary of the laboratory testing program and the laboratory test results are presented in Appendix B, Laboratory Test Results. 6.0 GEOLOGY 6.1 GEOLOGIC SETTING The project is located in San Diego County within the coastal section of the Peninsular Ranges geomorphic province. This province is characterized by northwest-trending mountain ranges bordered by relatively straight-sided, sediment-floored valleys. The northwest trend is also reflected in the direction of the dominant geologic structural features, which consist of northwest-southeast trending faults and fault zones associated with the San Andreas and related fault systems. Two major northwest-trending fault zones traverse the San Diego metropolitan and the inland county areas: the Rose Canyon fault zone located to the west and the Elsinore fault zone located easterly of the site. Typical stratigraphy in the Peninsular Ranges includes Mesozoic (between approximately 250 and 65 million years old) igneous intrusive and metamorphic rocks exposed in the eastern portion of the province, Cenozoic (less than 65 million years old) marine and non-marine sedimentary units overlying Mesozoic basement rocks in coastal areas and Quaternary (less than approximately 2 million years old) alluvial deposits overlying older strata in valleys and larger drainages. The site is underlain at depth by very old paralic deposits underlain by Tertiary formational sedimentary units (Santiago Formation), although the Santiago Formation was not encountered at the depth investigated. 6.2 GEOLOGIC MATERIALS Geologic materials encountered during the subsurface exploration consisted of very old paralic deposits. Figure 4, General Geologic Map, presents the distribution of geologic units on a regional scale. Detailed descriptions of the earth materials encountered are presented on the exploratory boring logs in Appendix A, Exploratory Boring Logs. Generalized descriptions of the units encountered in the field exploration are provided below: • Quaternary-aged Very Old Paralic Deposits (Qvop) – Very old paralic deposits were encountered in both borings, B-1 and B-2, to the total depth explored (maximum of 30.5 feet below the existing ground surface. As encountered, the very old paralic deposits included a weathered “topsoil” layer consisting of brown, moist clayey sand that varied in thickness from approximately 3 to 6 feet. The topsoil layer was underlain by the dense formational materials which consisted of brown to orange brown, moist, medium dense to 226816-0000111 NV5.COM | 5 very dense silty sands and clayey sands. Drilling refusal was encountered in the paralic deposits in borings B-1 and B-2 at depths of 30.5 and 27 feet, respectively. 6.3 GROUNDWATER Indications of static, near-surface groundwater table were not observed or encountered during the subsurface exploration to the total depth explored. It is anticipated that groundwater will not be a constraint during construction. However, experience indicates that near-surface groundwater conditions or localized seepage zones can develop in areas where no such groundwater conditions previously existed, especially in areas where a substantial increase in surface water infiltration results from landscape irrigation, agricultural activity, storage facility leaks or unusually heavy precipitation. Seasonal variations in the groundwater levels should be anticipated. 6.4 FAULTS The numerous faults in southern California include active, potentially active, and inactive faults. As used in this report, the definitions of fault terms are based on those developed for the Alquist-Priolo Special Studies Zones Act of 1972 and published by the California Division of Mines and Geology (Hart and Bryant, 1997). Active faults are defined as those that have experienced surface displacement within Holocene time (approximately the last 11,000 years) and/or have been included within any of the state-designated Earthquake Fault Zones (previously known as Alquist-Priolo Special Studies Zones). Faults are considered potentially active if they exhibit evidence of surface displacement since the beginning of Quaternary time (approximately two million years ago) but not since the beginning of Holocene time. Inactive faults are those that have not had surface movement since the beginning of Quaternary time. Review of geologic maps and literature pertaining to the general site area indicates that the site is not located within a state-designated Earthquake Fault Zone. Review of the State of California, Special Studies Zones indicates that the project site does not lie within an identified earthquake fault zone. In addition, there are no known major or active faults mapped on the project site. Evidence for active faulting at the site was not observed during the subsurface investigation. The relative location of the site to known active faults in the region is depicted on Figure 5, Regional Fault Map. The distance from the site to the projection of traces of surface rupture along major active earthquake fault zones, that could affect the site are listed in the following Table 1. Table 1 - Distance from the Site to Major Active Faults Fault Name Distance From the Site Newport Inglewood Connected 5.4 miles Rose Canyon 5.4 miles Newport-Inglewood (Offshore) 8.9 miles Coronado Bank 21 miles Palos Verdes Connected 21 miles Elsinore 23 miles Palos Verdes 38 miles San Joaquin Hills 40 miles 226816-0000111 NV5.COM | 6 Earthquake Valley 41 miles San Jacinto 48 miles Chino 52 miles San Andreas 64 miles 7.0 SEISMIC AND GEOTECHNICAL HAZARDS The principal seismic considerations for most structures in southern California are damage caused by surface rupturing of fault traces, ground shaking, seismically induced ground settlement and liquefaction. Potential impacts to the project due to faulting, seismicity and other geologic hazards are discussed in the following sections. 7.1 FAULT RUPTURE The project site is not located within an Earthquake Fault Zone delineated by the State of California for the hazard of fault surface rupture. The surface traces of known active or potentially active faults are not known to pass directly through the site. The Alquist-Priolo (AP) mapped Newport-Inglewood- Rose Canyon fault zone is located approximately 5.4 miles to the west and does not trend towards the Site. Based on the distance to the mapped trace of the fault and the distance to other faults in the vicinity of the site, the potential for damage due to surface rupture of faults at the project site is considered low. 7.2 SEISMIC SHAKING The project alignment is located in southern California, which is considered a seismically active area, and as such the seismic hazard most likely to impact the site is ground shaking resulting from an earthquake along one of the known active faults in the region. The seismic design of the project may be performed using seismic design recommendations in accordance with the 2016 California Building Code (CBC). Recommended seismic design parameters are presented in Section 9.10 of this report. 7.3 LIQUEFACTION AND SEISMICALLY-INDUCED SETTLEMENT Liquefaction of soils can be caused by ground shaking during earthquakes. Research and historical data indicate that loose, relatively clean granular soils are susceptible to liquefaction and dynamic settlement, whereas the stability of the majority of clayey silts, silty clays and clays are not adversely affected by ground shaking. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than approximately 50 feet. Dynamic settlement due to earthquake shaking can occur in both dry and saturated sands. The project alignment appears to be underlain (beneath anticipated groundwater depths) predominately by moderately consolidated paralic deposits and formational sedimentary materials which are not considered to be susceptible to liquefaction. Therefore, the potential for liquefaction and the associated ground deformation occurring beneath the structural site areas is considered low. Seismic settlement is often caused when loose to medium-dense granular soils are densified during ground shaking.The primarily dense natural formational materials encountered in the exploratory borings are not considered to be susceptible to seismic settlement. 226816-0000111 NV5.COM | 7 7.4 LANDSLIDES AND SLOPE INSTABILITY The proposed tank pad location is located on relatively flat ground. Indications of deep-seated landslides or slope instability were not observed during our investigation. Additionally there are no known landslides on or near the project site, and the site is not located in the path of any known landslides. Graded slopes and hillsides associated with existing residential developments are present approximately 100 to 150 feet away (laterally) from the southeastern and eastern sides of the proposed tank site. The geologic materials (formational) that comprise the majority of the hillside and slope areas are characterized as having a “dense to very dense” apparent density with high shear strength characteristics and are not known to be prone to landsliding. It is NV5’s opinion that the potential damage to the proposed project due to landslides, lateral spreading or slope instability is considered low provided the recommendations provided in this report are followed, 7.5 SUBSIDENCE The project site is not located in an area of known ground subsidence due to the withdrawal of subsurface fluids. Accordingly, the potential for subsidence occurring at the site due to the withdrawal of oil, gas, or water is considered remote. 7.6 TSUNAMIS, INUNDATION SEICHES, AND FLOODING Elevations along the project alignment range from approximately 350 to 376 feet above mean sea level and the site is approximately 2 miles inland from the Pacific Ocean. Therefore, tsunamis (seismic sea waves) are not considered a hazard at the site. The site is not located near to or downslope of, any large body of water that could affect the site in the event of an earthquake-induced failure or seiche (oscillation in a body of water due to earthquake shaking). 7.7 EXPANSIVE SOILS Improvements including foundations and slabs in contact with earth materials with a high potential for expansion can be expected to be subject to distress based on the potential for volume change associated with highly expansive soil. Soils such as these should not be relied upon for foundation bearing. In addition, expansive soils are not typically suited for use as backfill for underground utilities. The project alignment is underlain predominantly by moderately consolidated paralic deposits consisting of silty sands and clayey sands. As evidenced by laboratory test results, these materials are generally considered to have a very low to low expansion index. The majority of the on-site soils should be generally suitable for re-use as engineered fill and/or trench backfill material if free of deleterious materials and brought to near-optimum moisture conditions (either by wetting or drying as-necessary). 8.0 CONCLUSIONS Based on the data obtained from the subsurface exploration, the associated laboratory test results, engineering analyses, and experience with similar site conditions, it is NV5’s opinion that construction of the proposed water tank is feasible from a geotechnical standpoint, provided the recommendations 226816-0000111 NV5.COM | 8 in this report are incorporated into the design plans and implemented during construction. The following sections present detailed recommendations and parameters pertaining to the geotechnical engineering design for this project. 9.0 DESIGN RECOMMENDATIONS 9.1 GENERAL Minor amounts of localized topsoil materials consisting of clayey sand and silty sand were encountered to depths of approximately 3 to 6 feet below the existing ground surface at the proposed project site. This topsoil material is not considered capable of reliable support of the proposed water tank in its present condition. Relatively dense, natural, silty and clayey sand materials were encountered below the existing topsoil layer to the maximum depth explored. These soils are considered suitable for supporting the proposed water tank and associated improvements. It is our understanding that the new tank foundation will be constructed on an elevated graded pad. Prior to excavation of the ringwall, the tank pad should be treated as in accordance with the following: • To create uniform bearing support for the tank, the existing topsoil materials (encountered to a maximum depth of 6 feet below the existing ground surface) should be removed and properly recompacted in accordance with the earthwork recommendations provided in the following sections. 9.2 EARTHWORK Project earthwork should be performed in accordance with the following recommendations presented herein. Site grading should be performed in accordance with the following recommendations and the Typical Earthwork Guidelines provided in Appendix C. In the event of a conflict, the recommendations presented herein supersede those of Appendix C. • Clearing and Grubbing - Prior to grading, the project area should be cleared of all significant surface vegetation, demolition rubble, trash, debris, etc. Any buried organic debris or other unsuitable contaminated material encountered during subsequent excavation and grading work should also be removed. Removed material and debris should be properly disposed of offsite. Holes resulting from removal of buried obstruction which extend below finished site grades should be filled with properly compacted soils. Any utilities within tank footprint should be appropriately abandoned. • Site Grading - The water tank should be founded entirely on a uniformly compacted fill pad. A cut-fill transition condition should not be allowed underlying the tank. In order to create a uniform bearing condition for the proposed water tank, including any adjacent perimeter hardscape features (i.e., walls, walkways, etc.), all areas to receive surface improvements or fill soils should be treated as follows: o Tank Pad: To create uniform bearing support for the tank, the existing topsoil materials (encountered to a maximum depth of 6 feet below the existing ground surface should be removed. moisture conditioned to within 2 percent above the optimum moisture content and placed in uniform lifts, approximately 8 inches in loose thickness and compacted to a minimum of 95 percent relative compaction based on ASTM D1557. 226816-0000111 NV5.COM | 9 The removal should extend at least 5 feet outside of the perimeter of any proposed fills. o Excavatability: Based on our subsurface exploration, it is anticipated that the on-site soils can be excavated by modern conventional heavy-duty excavating equipment in good operating conditions. o Structural Fill Placement: Areas to receive fill and/or surface improvements should be scarified to a minimum depth of 6 inches, brought to near-optimum moisture conditions, and compacted to at least 95 percent relative compaction, based on laboratory standard ASTM D1557. Fill soils should be brought to near-optimum moisture conditions and compacted in uniform lifts to at least 95 percent relative compaction (ASTM D1557). Rocks with a maximum dimension greater than 4 inches should not be placed in the upper 3 feet of pad grade. The optimum lift thickness to produce a uniformly compacted fill will depend on the size and type of construction equipment used. In general, fill should be placed in uniform lifts not exceeding 8 inches in loose thickness. Placement and compaction of fill should be observed and tested by the geotechnical consultant. o Graded Slopes: Graded slopes should be constructed at a gradient of 2 to 1 (horizontal to vertical) or flatter. To reduce the potential for surface runoff over slope faces, cut slopes should be provided with brow ditches and berms should be constructed at the top of fill slopes. o Import Soils: If import soils are needed, proposed import should be sampled and tested for suitability by NV5 prior to delivery to the site. Imported fill materials should consist of clean granular soils free from vegetation, debris, or rocks larger than 3 inches maximum dimension. The Expansion Index value should not exceed a maximum of 20 (i.e., essentially non-expansive). 9.3 UTILITY TRENCHING AND TEMPORARY EXCAVATIONS Excavation of the on-site soils may be achieved with conventional heavy-duty grading equipment. Temporary, unsurcharged, excavation walls may be sloped back at an inclination of 1:1(H:V) within fill and natural materials. Utility trench excavations should be shored in accordance with guidelines and regulations set forth by Cal-OSHA. For planning purposes, the alluvial and formational soils may be considered a Type C soil, as defined by the current Cal-OSHA soil classification. Stockpiled (excavated) materials should be placed no closer to the edge of a trench excavation than a distance defined by a line drawn upward from the bottom of the trench at an inclination of 1:1 (H:V), but no closer than 4 feet. All trench excavations should be made in accordance with Cal-OSHA requirements. Temporary, shallow excavations with vertical side slopes less than 4 feet high will generally be stable, although due to the characteristics of the soil materials, there is a potential for localized sloughing. In these soil types, vertical excavations greater than 4 feet high should not be attempted without proper shoring to prevent local instabilities. For vertical excavations less than about 15 feet in height, cantilevered shoring may be used. Cantilevered shoring may also be used for deeper excavations; however, the total deflection at the top of the wall should not exceed one inch. Therefore, shoring of excavations deeper than about 15 feet may need to be accomplished with the aid of tied back earth anchors. 226816-0000111 NV5.COM | 10 O.2H 0.2H 0.6H H = Height of Excavation (feet) 32H (psf) The actual shoring design should be performed by a registered civil engineer in the State of California experienced in the design and construction of shoring under similar conditions. Once the final excavation and shoring plans are complete, the plans and the design should be reviewed by NV5 for conformance with the design intent and geotechnical recommendations. The shoring system should further satisfy requirements of Cal-OSHA. In some areas, shoring may be accomplished with hydraulic shores and trench plates, soldier piles and lagging and/or trench boxes. The actual method of a shoring system should be provided and designed by a contractor experienced in installing temporary shoring under similar soil conditions. If soldier piles and lagging are to be used, we should be contacted for additional recommendations. Personnel from NV5 should observe the excavation so that any necessary modifications based on variations in the encountered soil conditions can be made. All applicable safety requirements and regulations, including Cal-OSHA requirements, should be met. Where sloped excavations are used, the tops of the slopes should be barricaded so that vehicles and storage loads are not located within 10 feet of the tops of excavated slopes. A greater setback may be necessary when considering heavy vehicles, such as concrete trucks and cranes. NV5 should be advised of such heavy loadings so that specific setback requirements may be established. If the temporary construction slopes are to be maintained during the rainy season, berms are recommended along the tops of the slopes, to prevent runoff water from entering the excavation and eroding the slope faces. For design of cantilevered shoring, a triangular distribution of lateral earth pressure may be used. It may be assumed that the drained soils, with a level surface behind the cantilevered shoring, will exert an equivalent fluid pressure of 32 pcf. Tied-back or braced shoring should be designed to resist a trapezoidal distribution of lateral earth pressure. The recommended pressure distribution, for the case where the grade is level behind the shoring, is illustrated in the following diagram with the maximum pressure equal to 32H in psf, where H is the height of the shored wall in feet. Any surcharge (live, including traffic, or dead load) located within a 1:1 (H:V) plane drawn upward from the base of the shored excavation should be added to the lateral earth pressures. The lateral load contribution of a uniform surcharge load located across the 1:1 (H:V) zone behind the excavation walls may be calculated by using Figure 6, Lateral Surcharge Loads. Lateral load contributions of surcharges 226816-0000111 NV5.COM | 11 can be provided once the load configurations and layouts are known. As a minimum, a 2-foot equivalent soil surcharge is recommended to account for nominal construction loads. 9.4 DEWATERING Groundwater was not encountered to the maximum depth explored of approximately 30.5 feet below the existing ground surface. Dewatering is not generally anticipated during the proposed construction. However, any cases of localized seepage or heavy precipitation should be monitored during construction. If necessary, dewatering may be achieved by means of excavating a series of shallow trenches directed by gradient (i.e., gravity) to sumps with pumps. In any case, the actual means and methods of any dewatering scheme should be established by a contractor with local experience. It is important to note that temporary dewatering, if necessary, will require a permit and plan that complies with the State of California San Diego Regional Water Quality Control Board regulations. If excessive water is encountered, NV5 should be contacted to provide additional recommendations for temporary construction dewatering. Based on the subsurface exploration the onsite soils maybe considered to be relatively permeable. 9.5 TRENCH BOTTOM STABILITY The bottom of onsite excavations may likely expose moderately consolidated silty sands and clayey sands. These soils should provide a suitable base for construction of pipelines provided design is based upon the recommendations provided herein. For the design of flexible conduits, a modulus of soil reaction (E’), of 1,000 pounds per square inch (psi) is recommended. While groundwater was not encountered, if these soils become wet or saturated they may be prone to settlement due to construction activities such as placement and compaction of backfill soils. Buried improvements underlain by these soils could also be damaged or subjected to unacceptable settlement due to subsidence of these soils. If wet or unusually soft conditions are encountered in the trench bottom, the bottom of the excavations will need to be stabilized. A typical stabilization method includes overexcavation of the soft or saturated soil and replacement with properly compacted fill, gravel or lean concrete to form a "mat" or stable working surface in the bottom of the excavation. There are other acceptable methods that can be implemented to mitigate the presence of compressible soils or unstable trench bottom conditions, and specific recommendations for a particular alternative can be discussed based on the actual construction techniques and conditions encountered. 9.6 CONDUIT BEDDING It is recommended that conduit bedding materials be placed in the trench to provide uniform support and protection. This zone shall be compacted to a minimum of 90% relative compaction. Care should be taken by the contractor during placement of the pipe bedding so that uniform contact between the bedding and conduit is attained. Bedding should be placed in loose lift thicknesses not exceeding 8 inches and compacted by mechanical means to attain a relative compaction of 90 percent based on ASTM D1557. There should be sufficient clearance along the sides of the conduits to allow for compaction equipment. The bedding should be compacted under the haunches and alongside the conduit. Mechanical compaction and hand tamping should be performed carefully as to not damage the conduits. Backfill material should be compacted in accordance with the recommendations in Section 9.2 of this report. 226816-0000111 NV5.COM | 12 9.7 BACKFILL PLACEMENT AND COMPACTION The majority of the on-site soils should generally be suitable for use as backfill material. Backfill should be placed in loose lifts not exceeding 8 inches in thickness and compacted to at least 90 percent of the maximum dry density as evaluated by the latest version of ASTM D1557. Trench backfill should be compacted in uniform lifts (not exceeding 8 inches in loose lift thickness) by mechanical means to at least 90 percent relative compaction (ASTM D1557). Imported backfill should consist of granular, non-expansive soil with an Expansion Index (EI) of 20 or less and should not contain any contaminated soil, expansive soil, debris, organic matter, or other deleterious materials. The Sand Equivalent (SE) of the imported material shall be 20 or greater. Import material should be evaluated for suitability by the geotechnical consultant prior to transport to the site. The upper 12 inches of subgrade soil and all rock base should be compacted to at least 95 percent. The moisture content of the backfill should be maintained within 2 percent of optimum moisture content during compaction. All backfill should be mechanically compacted. Flooding or jetting is not recommended and should not be allowed. 9.8 FOUNDATIONS The tank pad foundation should be founded entirely in natural material. Recommendations for the design and construction of foundation system are presented below. 9.8.1 Design Parameters The tank pad foundation should be designed using the geotechnical design parameters presented in the following Table 2. Footings should be designed and reinforced in accordance with the recommendations of the structural engineer and should conform to the latest edition of the California Building Code. 226816-0000111 NV5.COM | 13 Table 2 - Geotechnical Design Parameters Ringwall Footing for Proposed Water Tanks Ringwall Foundation Dimensions Continuous ringwall foundation at least 24 inches in width and at least 24 inches below the lowest adjacent grade Allowable Bearing Capacity (dead-plus-live load) 4,000 pounds per square foot (psf) A one-third (1/3) increase is allowed for transient live loads from wind or seismic forces. Reinforcement Reinforce in accordance with requirements as provided by the project Structural Engineer. Allowable Coefficient of Friction 0.45 Allowable Lateral Passive Pressure Resistance (Equivalent Fluid Pressure) 325 pounds per cubic foot (pcf) One third (1/3) increase in passive pressure resistance may be used for wind and seismic loads. The total allowable lateral resistance may be taken as the sum of the frictional resistance and the passive resistance, provided that the passive bearing resistance does not exceed two- thirds (2/3) of the total allowable resistance. 9.8.2 Settlement Estimated settlements will depend on the foundation size and depth, and the loads imposed and the allowable bearing values used for design. For preliminary design purposes, the total static settlement for the continuous ringwall foundation loaded to accordance with the allowable bearing capacities recommended above is estimated to be less than 1 inch. Differential settlements will depend on the foundation size and depth, and the loads imposed. However, based on our knowledge of the project, differential static settlements are anticipated to be 0.5 inch or less 9.8.3 Foundation Observation To verify the presence of satisfactory materials at design elevations, footing excavations should be observed by a geotechnical engineer to be clean of loosened soil and debris before placing steel or concrete and probed for soft areas. 226816-0000111 NV5.COM | 14 9.9 FOUNDATIONS FOR ANCILLARY STRUCTURES A shallow foundation system may be used for support of relatively lightly loaded ancillary structures, such as site screen walls, light standards, etc. The foundations for each feature should be supported entirely in natural soil or on compacted fill prepared in accordance with the recommendations in Section 9.2 of this report. Footings should be designed and reinforced in accordance with the recommendations of the structural engineer and should conform to the latest edition of the California Building Code. Recommendations for the design and construction of these shallow foundations are presented in the following Table 3. Table 3 - Geotechnical Design Parameters Spread Footing Foundations for Ancillary Structures Foundation Dimensions At least 12 inches below the lowest adjacent grade and at least 12 inches in width Allowable Bearing Capacity (dead-plus-live load) 3,000 pounds per square foot (psf). The allowable bearing value may be increased by one-third (1/3) for transient live loads such as from wind or seismic forces. Estimated Static Settlement (Total/Differential) Less than 1-inch/ less than ½-inch Allowable Coefficient of Friction 0.45 Allowable Lateral Passive Pressure Resistance 325 pounds per cubic foot (pcf) One-third (1/3) increase in passive pressure resistance may be used for wind and seismic loads. The total allowable lateral resistance may be taken as the sum of the frictional resistance and the passive resistance, provided that the passive bearing resistance does not exceed two- thirds (2/3) of the total allowable resistance. 9.10 SEISMIC DESIGN PARAMETERS Preliminary seismic parameters were developed for the project site based on the 2016 California Building Code (CBC) and ASCE 7-10 guidance document. Using the California SEA U.S. Seismic Design Maps Online Calculator (https://seismicmaps.org/) based on the following site coordinates: Latitude = 33.111985 degrees, and Longitude = -117.286392 degrees. The earthquake hazard level of the Maximum Considered Earthquake (MCE) is defined in ASCE 7-10 as the ground motion having a 226816-0000111 NV5.COM | 15 probability of exceedance of 2 percent in 50 years. The preliminary seismic design parameters for the project site are presented in Table 4 below. Table 4 - Recommended 2016 CBC Seismic Design Parameters Design Parameter Recommended Value Reference Site Class C ASCE 7-10 Section 11.4.2 Mapped Spectral Accelerations for short periods, SS 1.088g ASCE 7-10 Section 11.4.3 Mapped Spectral Accelerations for 1-sec period, S1 0.42g ASCE 7-10 Section 11.4.3 Short-Period Site Coefficient, Fa 1.0 ASCE 7-10 Section 11.4.3 Long-Period Site Coefficient, Fv 1.38 ASCE 7-10 Section 11.4.3 (1) MCER (5% damped) spectral response acceleration for short periods adjusted for site class, SMS 1.088g ASCE 7-10 Section 11.4.3 (1) MCER (5% damped) spectral response acceleration at 1-second period adjusted for site class, SM1 0.579g ASCE 7-10 Section 11.4.3 Design spectral response acceleration (5% damped) at short periods, SDS 0.726g ASCE 7-10 Section 11.4.3 Design spectral response acceleration (5% damped) at 1-second period, SD1 0.386g ASCE 7-10 Section 11.4.3 Seismic Design Category D ASCE 7-10 Section 11.6 (2) MCEG Peak Ground Acceleration adjusted for site class effects, PGAM 0.427g ASCE 7-10 Section 11.8.3 (1) MCER = Risk-adjusted Maximum Considered Earthquake (2) MCEG = Geometric-mean Maximum Considered Earthquake 9.11 SOIL CORROSION The corrosion potential of the on-site materials to steel and buried concrete was evaluated. Laboratory testing was performed on a representative sample of the existing artificial fills to evaluate pH, minimum resistivity, and chloride and soluble sulfate content. Table 5 below presents the results of the corrosivity testing. General recommendations to address the corrosion potential of the on-site soils are provided below. If additional recommendations are desired, it is recommend that a corrosion specialist be consulted. 226816-0000111 NV5.COM | 16 Table 5 - Corrosivity Test Results Test Location Material Type Depth (feet) pH Minimum Resistivity (ohm-cm) Water Soluble Sulfate Content (ppm) Water Soluble Chloride Content (ppm) B-1 Clayey SAND (SC) 3 - 5 7.6 2100 54 64 B-2 Clayey SAND (SC) 8 - 10 5.9 1400 33 64 Caltrans Corrosion Guidelines dated March 2018 considers a site to be corrosive if one or more of the following conditions exist for the representative soil samples taken at the site: Chloride concentration is 500 ppm or greater, sulfate concentration is 1500 ppm or greater, or the pH is 5.5 or less Based on experience and the Caltrans Corrosion Guidelines, the site soils are not considered corrosive to steel reinforced concrete foundation elements with respect to sulfate and chloride concentration and pH. As indicated in the 2006 edition (second edition) of “Corrosion Basics - An Introduction”, a general guideline for soil resistivity and corrosion-severity ratings is presented in the following Table 6. Table 6 - Corrosivity Test Results Soil Resistivity Corrosivity <1,000 ohm-cm Extremely Corrosive 1,000 to 3,000 ohm-cm Highly Corrosive 3,000 to 5,000 ohm-cm Corrosive 5,000 to 10,000 ohm-cm Moderately Corrosive 10,000 to 20,000 ohm-cm Mildly Corrosive >20,000 ohm-cm Essentially Noncorrosive Soil resistivity is not the only parameter affecting the risk of corrosion damage; and a high soil resistivity will not guarantee the absence of serious corrosion. For example, the American Water Works Association (AWWA) has developed a numerical soil-corrosivity scale, applicable to cast-iron alloys. The soil resistivity test results suggest the potential for soils to be highly corrosive to ferrous pipes. Any imported soils should be evaluated for corrosion characteristics if they will be in contact with buried or at-grade structures and appropriate mitigation measures should be included in the structure design. It is recommended that a corrosion specialist be contacted to determine if mitigation measures are necessary. 226816-0000111 NV5.COM | 17 10.0 DESIGN REVIEW AND CONSTRUCTION MONITORING Geotechnical review of plans and specifications is of paramount importance in engineering practice. Observation and testing of the backfill, subgrade and base will be important to the performance of the proposed project. The following sections present our recommendations relative to the review of construction documents and the monitoring of construction activities. 10.1 PLANS AND SPECIFICATIONS The design plans and specifications will be reviewed and approved by NV5 prior to construction, as the geotechnical recommendations may need to be re-evaluated in the light of the actual design configuration. This review is necessary to evaluate whether the recommendations contained in this report and future reports have been properly incorporated into the project plans and specifications. 10.2 CONSTRUCTION MONITORING Site preparation, removal of unsuitable soils, assessment of imported fill materials, backfill placement, and other earthwork operations should be observed and tested. The substrata exposed during the construction may differ from that encountered in the test borings. Continuous observation by a representative of NV5 during construction allows for evaluation of the soil/rock conditions as they are encountered and allows the opportunity to recommend appropriate revisions where necessary. 11.0 LIMITATIONS The recommendations and opinions expressed in this report are based on NV5’s review of background documents and on information developed during this study. It should be noted that this study did not evaluate the possible presence of hazardous materials on any portion of the site. More detailed limitations of this geotechnical study are presented in GBA’s information bulletin in Appendix D. Due to the limited nature of our field explorations, conditions not observed and described in this report may be present on the site. Uncertainties relative to subsurface conditions can be reduced through additional subsurface exploration. Additional subsurface evaluation and laboratory testing can be performed upon request. It should be understood that conditions different from those anticipated in this report may be encountered during the proposed structure construction operations. Site conditions, including ground-water level, can change with time as a result of natural processes or the activities of man at the subject site or at nearby sites. Changes to the applicable laws, regulations, codes, and standards of practice may occur as a result of government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which NV5 has no control. NV5’s recommendations for this site are, to a high degree, dependent upon appropriate quality control of subgrade preparation, fill/backfill placement, etc. Accordingly, the recommendations are made contingent upon the opportunity for NV5 to observe grading operations and foundation excavations for the proposed construction. If parties other than NV5 are engaged to provide such services, such parties must be notified that they will be required to assume complete responsibility as the 226816-0000111 NV5.COM | 18 geotechnical engineer of record for the geotechnical phase of the project by concurring with the recommendations in this report and/or by providing alternative recommendations. This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. NV5 should be contacted if the reader requires additional information or has questions regarding the content, interpretations presented, or completeness of this document. NV5 has endeavored to perform this study using the degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical professionals with experience in this area in similar soil/rock conditions. No other warranty, either expressed or implied, is made as to the conclusions and recommendations contained in this study. 12.0 SELECTED REFERENCES Anderson, J.G., 1979, Estimating the seismicity from geologic structure, for seismic-risk studies: Bulletin of the Seismological Society of America, v. 69, p. 135-158. ASTM, 2001, Soil and Rock: American Society for Testing and Materials: vol. 4.08 for ASTM test methods D-420 to D-4914; and vol. 4.09 for ASTM test methods D-4943 to highest number. Bird, P., and Rosenstock, R.W., 1984, Kinematics of present crust and mantle flow in southern California: Geological Society of America Bulletin, v. 95, p. 946-957. California Department of Conservation, Division of Mines and Geology, 1997, Guidelines for Evaluation and Mitigation of Seismic Hazards in California: Special Publication 117, 74 pp. California Department of Conservation, Division of Mines and Geology, 1998, Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada: International Conference of Building Officials, dated February, Scale 1” = 4 km. California Department of Transportation, 2018, Corrosion Guidelines. Version 3.0, dated March. Campbell, K.W., 1997, Empirical Near-Source Attenuation Relationships for Horizontal and Vertical Components of Peak Acceleration, Peak Ground Velocity, and Psuedo-Absolute Acceleration Response Spectra: Seismological Research Letters, Vol. 68, No. 1, pp. 154-179. Campbell, K.W., 2000, Erratum, Empirical Near-Source Attenuation Relationships for Horizontal and Vertical Components of Peak Acceleration, Peak Ground Velocity, and Psuedo-Absolute Acceleration Response Spectra: Seismological Research Letters, Vol. 71, No. 3, pp. 353-355. Dziewonski, A.M., Ekström, G., and Salganick, M.P., 1993, Centroid moment tensor solutions for April- June 1992: Physical Earth Planet Interiors, v. 77, p. 151-163. Hart, E.W., and Bryant, W.A., 1997, Fault-Rupture Hazard Zones in California, Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps: California Department of Conservation, Division of Mines and Geology Special Publication 42, 38 pp., 226816-0000111 NV5.COM | 19 Idriss, I.M. and Boulanger, R.W., 2008, Soil Liquefaction During Earthquakes, EERI, MNO-12, Oakland, CA Ishihara, K., 1985, Stability of Natural Deposits during Earthquakes: Proceedings, 11th International Conference on Soil Mechanics and Foundation Engineering, Volume 1, pp. 321-376. Kennedy, M.P., and Tan, S.S., 2007, Geologic Map of the Oceanside 30’ x 60’ Quadrangle, California. Regional Geologic Map Series, 1:100,000 Scale, Map No. 2. Petersen, M.D., and Wesnousky, S.G., 1994, Fault slip rates and earthquake histories for active faults in southern California: Bulletin of the Seismological Society of America, v. 84, no. 5, p. 1,608- 1,649. Petersen, M.D., Bryant, W.A., Cramer, C.H., Cao, T., Reichle, M.S., Frankel, A.D., Lienkaemper, J.J., McCrory, P.A., and Schwartz, D.P., 1996, Probabilistic seismic hazard assessment for the State of California: California Department of Conservation, Division of Mines and Geology Open-File Report 96-08 (also U.S. Geological Open-File Report 96-706), 33 p. Seed, R.B., K.O., Cetin, R.E.S., Moss, A., Kammerer, J., Wu, J.M., Pestana, M.F., Riemer, R.B., Sancio, J.D., Bray, R.E., Kayen, R.E., Faris, A., 2003, "Recent Advances in Soil Liquefaction Engineering: a unified and consistent framework,” Keynote Address, 26th Annual Geotechnical Spring Seminar, Los Angeles Section of the GeoInstitute, American Society of Civil Engineers, H.M.S. Queen Mary, Long Beach, California, USA Southern California Earthquake Center, 1999, Recommended Procedures for Implementation of DMG Special Publication 117 Guidelines for Analyzing and Mitigating Liquefaction in California: dated March, 63 pp. Southern California Earthquake Center, 2002, Recommended Procedures for Implementation of DMG Special Publication 117 Guidelines for Analyzing and Mitigating Landslide Hazards in California: dated March, 127 pp. Wesnousky, S.G., 1986, Earthquakes, Quaternary faults, and seismic hazards in California: Journal of Geophysical Research, v. 91, no. B12, p. 12,587-12,631. 226818-0000111 NV5.COM | FIGURES Project No:226818-0000111 Drawn:SB Date:Mar 2019 Figure No. 1 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 NSite Location Map Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Reference: Google Earth 2019 0 1000 2000 3000 4000 5000 Approximate scale in feet Approximate Location Project Site Project No:226818-0000111 Drawn:SB Date:Mar 2019 Figure No. 2 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 NGeotechnical Boring Map Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Reference: Google Earth 2019 MAP SYMBOLS Approximate location of geotechnical boring B-2 Approximate location of geologic cross section A A’ B-2 B-1 A’ A Approximate location of proposed water tank Approximate scale in feet 0 50 100 150 200 250 Project No:226818-0000111 Drawn:SB Date:Mar 2019 Figure No. 3 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 Geologic Cross Section Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California SYMBOLS Approximate location of geologic cross section A A’ Approximate location of proposed water tank Approximate scale in feet 0 50 100 150 200 250 A 350 400 250 300 A’ Trend of Section A - A’ : E 15 S B-1Projected 10' Northeast Proposed Water Tank B-2Projected 40' Northeast Qvop For Schematic Use Only-Not a Construction Drawing Very old paralic deposits Existing Grade Proposed Grade Qvop Qvop Elevation (feet) Figure No. 4 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 N MAP SYMBOLS Reference:Geologic Map of the Oceanside 30' x 60' Quadrangle, San Diego County, California. Kennedy, K.P., Tan, S.S., 2007. Regional Geologic Map Series, scale 1:100,000. Map No. 2. General Geologic Map Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Project No:226818-0000111 Drawn:SB Date:Mar 2019 Approximate scale in feet 0 2000 4000 6000 8000 10,000 Approximate Location Project Site For Schematic Use Only-Not a Construction Drawing Figure No. 5 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 Map of southern California showing the geographic regions, faults and focal mechanisms of the more significant earthquakes. Regions: Death Valley, DV; Mojave Desert MD; Los Angeles, LA; Santa Barbara Channel, SBC; and San Diego, SD. Indicated Faults: Banning fault, BF; Channel Island thrust, CIT; Chino fault, CF; Eastern California Shear Zone, ECSZ; Elsinore fault, EF; Garlock fault, GF; Garnet Hill fault, GHF; Lower Pitas Point thrust, LPT; Mill Creek fault, MICF; Mission Creek fault, MsCF; Northridge fault, NF; Newport Inglewood fault, NIF; offshore Oak Ridge fault, OOF; Puente Hills thrust, PT; San Andreas fault (sections: Parkfield, Pa; Cholame, Ch; Carrizo; Ca; Mojave, Mo; San Bernardino, Sb; and Coachella, Co); San Fernando fault, SFF; San Gorgonio Pass fault, SGPF; San Jacinto fault, SJF; Whittier fault, WF; and White Wolf fault, WWF. Earthquake Focal Mechanisms: 1952 Kern County, 1; 1999 Hector Mine, 2; 1992 Big Bear, 3; 1992 Landers, 4; 1971 San Fernando, 5; 1994 Northridge, 6; 1992 Joshua Tree, 7; and 1987 Whittier Narrows, 8. Reference:Plesch, Anndreas et. al., 2007, Community Fault Model (CFM) for Southern California; in the Bulletin of the Seismological Society of America, Vol. 97, No. 6. pp. 1793-1802, dated December. Approximate Site Location Regional Fault Map Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Project No:226818-0000111 Drawn:SB Date:Mar 2019 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200, San Diego, CA Tel: (858) 385-0500, Fax: (858) 385-0400 Lateral Surcharge Loads Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, CA Project No: 226818-0000111 Drawn: SB Date: Mar 2019 Figure No. 6 226818-0000111 NV5.COM | APPENDIX A Exploratory Boring Logs 226818-0000111 NV5.COM | Logs of Exploratory Borings Bulk and relatively undisturbed drive samples were obtained in the field during our subsurface evaluation. The samples were tagged in the field and transported to our laboratory for observation and testing. The drive samples were obtained using the Modified California Sampler (CAL) and Standard Penetration Test (SPT) samplers as described below. Modified California Split Spoon Sampler The split barrel drive sampler is driven with a 140-pound hammer allowed to drop freely 30 inches in general accordance with ASTM D1587. The number of blows per foot recorded during sampling is presented in the logs of exploratory borings. The sampler has external and internal diameters of approximately 3.0 and 2.4 inches, respectively, and the inside of the sampler is lined with 1-inch-long brass rings. The relatively undisturbed soil sample within the rings is removed, sealed, and transported to the laboratory for observation and testing. Standard Penetration Test (SPT) Sampler The split barrel sampler is driven with a 140-pound hammer allowed to drop freely 30 inches in general accordance with ASTM D1586. The number of blows per foot recorded during sampling is presented in the logs of exploratory borings. The sampler has external and internal diameters of 2.0 and 1.4 inches, respectively. The soil sample obtained in the interior of the barrel is measured, removed, sealed and transported to the laboratory for observation and testing. Chart 1 Title: Project: Project No: 226818-0000111 Drawn: SB Date: Mar 2019 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA 92128 Tel: (858) 385-0500, Fax: (858) 385-0400 Boring Log Legend Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Chart 2 Soil Classification Carlsbad Municipal Water District Phase III Recycled Water Project Carlsbad, California Title: Project: Project No: 226818-0000111 Drawn: SB Date: Mar 2019 NV5 An NV5 West, Inc. Company – Offices Nationwide 15092 Avenue of Science, Suite 200 San Diego, CA 92128 Tel: (858) 385-0500, Fax: (858) 385-0400 6.0' 12.0' 27.0' 30.0' 30.5' 9.7 11.8 11.8 8.5 3.3 7.1 8.6 8.1 9.1 8 13 17 21 21 27 37 50/2" 37 35 45 50/4" 50/6" Sieve Analysis Maximum Density Expansion Index Atterberg Limits Moisture Content Corrosivity Direct Shear Moisture Content Moisture Content Moisture Content Moisture / Density Moisture Content Moisture / Density Moisture Content G- 1 MC- 1 G- 2 SPT- 1 G- 3 MC- 2 SPT- 2 MC- 3 G- 4 SPT- 3 SC SC SM SC SM 115.8 110.8 104.5 [TOPSOIL] Clayey SAND (SC): Brown, moist Medium Dense [FORMATIONAL - Qvop] Clayey SAND (SC): Orange brown, moist Dense [FORMATIONAL - Qvop] Silty SAND (SM): Orange brown, moist Very Dense Very Dense Color change to brown. Grain size increase. Decrease in fines Very Dense [FORMATIONAL - Qvop] Clayey SAND (SC): Brown, moist [FORMATIONAL - Qvop] Silty SAND (SM): Orange brown, moist, very dense El. 370.0' El. 364.0' El. 349.0' El. 346.0' El. 345.5' Notes: Drilled using a 6.5" O.D. Hollow Stem Auger. Boring terminated at depth of 30.5'. Groundwater not encountered. Backfilled with cuttings and bentonite chips. Refusal in dense formational material. Date Graphical LogProject Number Boring Log B-1 Depth (ft.)Longitude: -117.286392° Sample Type Boring No. Groundwater G - Bulk / Grab SampleSPT - 2" O D. 1.4" I.D. Tube SampleMC - 3 " O.D. 2.4" I D. Ring SampleNR - No Recovery* - Uncorrected Blow Counts Started: 3/1/2019 Carlsbad Phase III Recycled Water Project Latitude: 33.111985° Sheet 1 of 1 Project Location: Center of Pad Hour Moisture Content (%)Visual ClassificationGroundwaterDepth (ft.)Surface Elevation:PenetrationResistance(Blows per 6 in.)Sample Taken376.0' Reviewed By: G. Custenborder Depth (ft)Other Tests and Remarks 226816-0000111Completed: 3/1/2019 USCS Class.Dry Weight (pcf)Sample IDRig Type: CME-75 (BAJA)Date0 5 10 15 20 25 30 Logged By: S. BurfordHammer Efficiency: 71.2 %NV5 GEOTECH (SD CQA) \ NV5 LIBRARY_SAN DIEGO - UPDATED.GLB \ CARLSBAD RW TANK - LOGS.GPJ 3.0' 12.0' 27.0' 7.6 8.3 9.8 5.5 6.3 7.2 7.1 7.2 7.2 25 35 37 50/5" 28 18 17 50/6" 37 50/5" R-Value Expansion Index Atterberg Limits Moisture Content Moisture Content Sieve Analysis Maximum Density Corrosivity Moisture Content Direct Shear Moisture Content Moisture Content Moisture / Density Moisture Content Moisture Content G- 1 SPT- 1 G- 2 MC- 1 SPT- 2 G- 3 MC- 2 G- 4 SPT- 3 SC SC SM 109.9 [TOPSOIL] Clayey SAND (SC): Brown, moist [FORMATIONAL - Qvop] Clayey SAND (SC): Orange brown, moist Very Dense Lenses of gray Bentonite (Clay) Very Dense [FORMATIONAL - Qvop] Silty SAND (SM): Orange brown, moist, trace of clay Dense Very Dense Very Dense Traces of gravel El. 372.0' El. 363.0' El. 348.0' Notes: Drilled using a 6.5" O.D. Hollow Stem Auger. Boring terminated at depth of 27.0'. Groundwater not encountered. Backfilled with cuttings and bentonite chips. Refusal in dense formational material. Date Graphical LogProject Number Boring Log B-2 Depth (ft.)Longitude: -117.286263° Sample Type Boring No. Groundwater G - Bulk / Grab SampleSPT - 2" O D. 1.4" I.D. Tube SampleMC - 3 " O.D. 2.4" I D. Ring SampleNR - No Recovery* - Uncorrected Blow Counts Started: 3/1/2019 Carlsbad Phase III Recycled Water Project Latitude: 33.111918° Sheet 1 of 1 Project Location: Edge of Pad Hour Moisture Content (%)Visual ClassificationGroundwaterDepth (ft.)Surface Elevation:PenetrationResistance(Blows per 6 in.)Sample Taken375.0' Reviewed By: G. Custenborder Depth (ft)Other Tests and Remarks 226816-0000111Completed: 3/1/2019 USCS Class.Dry Weight (pcf)Sample IDRig Type: CME-75 (BAJA)Date0 5 10 15 20 25 Logged By: S. BurfordHammer Efficiency: 71.2 %NV5 GEOTECH (SD CQA) \ NV5 LIBRARY_SAN DIEGO - UPDATED.GLB \ CARLSBAD RW TANK - LOGS.GPJ 226818-0000111 NV5.COM | APPENDIX B Laboratory Test Results 226818-0000111 NV5.COM | SUMMARY OF LABORATORY TEST RESULTS In-situ Moisture and Density Tests The in-situ moisture contents and dry densities of selected samples obtained from the test borings were evaluated in general accordance with the latest version of D2216 and D2937 laboratory test methods. The method involves obtaining the moist weight of the sample and then drying the sample to obtain it’s dry weight. The moisture content is calculated by taking the difference between the wet and dry weights, dividing it by the dry weight of the sample and expressing the result as a percentage. The results of the in-situ moisture content and density tests are presented in the following table and on the logs of exploratory borings in Appendix A. RESULTS OF MOISTURE CONTENT AND DENSITY TESTS (ASTM D2216 and ASTM D2937) Sample Location Moisture Content (percent) Dry Density (pounds per cubic foot) Boring 1 @ 3 - 5 feet 9.7 Density Not Determined Boring 1 @ 6 - 6.5 feet 11.8 115.8 Boring 1 @ 8 - 10 feet 11.8 Density Not Determined Boring 1 @ 10 - 11.5 feet 8.5 Density Not Determined Boring 1 @ 13 - 15 feet 3.3 Density Not Determined Boring 1 @ 15 – 15.5 feet 7.1 110.8 Boring 1 @ 20 – 21.5 feet 8.6 Density Not Determined Boring 1 @ 25 - 25.5 feet 8.1 104.5 Boring 1 @ 28 - 30 feet 9.1 Density Not Determined Boring 2 @ 3 - 5 feet 7.6 Density Not Determined Boring 2 @ 5 - 6.5 feet 8.3 Density Not Determined Boring 2 @ 8 - 10 feet 9.8 Density Not Determined Boring 2 @ 10 - 10.5 feet 5.5 109.9 Boring 2 @ 15 - 16.5 feet 6.3 Density Not Determined Boring 2 @ 18 - 20 feet 7.2 Density Not Determined Boring 2 @ 20 - 20.5 feet 7.1 103.8 Boring 2 @ 23 - 25 feet 7.2 Density Not Determined Boring 2 @ 25 - 26 feet 7.2 Density Not Determined 226818-0000111 NV5.COM | Classification Soils were visually and texturally classified in general accordance with the Unified Soil Classification System (ASTM D2487). Soil classifications are indicated on the logs of the exploratory borings presented in Appendix A. Particle-size Distribution Tests An evaluation of the grain-size distribution of selected soil samples was performed in general accordance with the latest version of ASTM D6913 (including –200 wash). These test results were utilized in evaluating the soil classifications in accordance with the Unified Soil Classification System. Particle size distribution test results are presented on the laboratory test sheets attached in this appendix. Atterberg Limits Atterberg limits tests were performed in general accordance with ASTM D4318 on selected soil samples. These tests were useful in classification of the soils. Test results are attached in this appendix and summarized below. RESULTS OF ATTERBERG LIMITS TESTS (ASTM D4318) Location B-1 @ 3 – 5 ft B-2 @ 3 – 5 Material Type Clayey SAND (SC) Clayey SAND (SC) Liquid Limit 26 26 Plastic Limit 15 13 Plasticity Index 11 13 226818-0000111 NV5.COM | Direct Shear Direct shear tests were performed on representative relatively undisturbed samples in general accordance with ASTM D3080 to evaluate the shear strength characteristics of the on-site materials. The test method consists of placing the soil sample in the direct shear device, applying a series of normal stresses, and then shearing the sample at the constant rate of shearing deformation. The shearing force and horizontal displacements are measured and recorded as the soil specimen is sheared. The shearing is continued well beyond the point of maximum stress until the stress reaches a constant or residual value. The results of the tests are presented in the following table and attached in this appendix. RESULTS OF DIRECT SHEAR TESTS (ASTM D3080) Location USCS Classification Peak Friction (degrees) Ultimate Friction (degrees) Peak Cohesion (psf) Ultimate Cohesion (psf) Notes Boring 1 @ 6 - 6.5 ft. SC 43 41 284 118 Relatively undisturbed Boring 2 @ 10 - 10.5 ft. SC 34 33 264 263 Relatively undisturbed Maximum Dry Density Tests Maximum dry density testing was performed on samples of the on-site soils. The tests were performed in general accordance with ASTM D1557. The results of the tests are presented below and attached in this appendix. RESULTS OF MAXIMUM DRY DENSITY TESTS (ASTM D1557) Location B-1 @ 3 – 5 ft B-2 @ 8 – 10 ft Maximum Dry Density 128.5 127.0 Optimum Moisture Content 9.0 10.7 Material Type Clayey SAND (SC) Clayey SAND (SC) 226818-0000111 NV5.COM | Resistance “R” Values Tests An R-Value test was performed on a sample of the on-site soils. The test was performed in general accordance with California Test Method 301/ ASTM D2844. The result of the test is presented below and attached in this appendix. RESULTS OF R-VALUE TESTS (ASTM D2844 and CTM 301) Location B-2 @ 3 – 5 ft “R” Value 15 Material Type Clayey SAND (SC) Expansion Index Tests Expansion index tests were performed on samples of the on-site soils. The tests were performed in general accordance with ASTM D4829. The result of the tests are presented below and attached in this appendix. RESULTS OF EXPANSION INDEX TESTS (ASTM D4829) Location Material Type Initial Moisture Content, % Final Moisture Content, % Dry Density, pcf Initial Saturation, % Expansion Index Potential Expansion Boring 1 @ 3 - 5 ft. Clayey SAND (SC) 8.3 14.2 117.8 52.0 5 VERY LOW Boring 2 @ 3 - 5 ft. Clayey SAND (SC) 9.7 23.2 112.1 51.9 13 VERY LOW 226818-0000111 NV5.COM | Soil Corrosivity Tests Water soluble sulfate, chloride, resistivity and pH tests were performed by Clarkson Laboratory and Supply Inc., in general accordance with California Test Methods 417, 422 and 643 to provide an indication of the degree of corrosivity of the subgrade soils at locations tested with regard to concrete and normal grade steel. RESULTS OF CORROSIVITY TESTS (CTM 417, CTM 422 and CTM 643) Sample Location B-1 @3 - 5 ft B-2 @8 - 10 ft pH 7.6 5.9 Minimum Resistivity (Ohm-cm) 2100 1400 Water Soluble Sulfates (ppm) 54 33 Water Soluble Chlorides (ppm) 64 64 Material Type Clayey SAND (SC) Clayey SAND (SC) 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 Construction Quality Assurance · Infrastructure · Energy · Program Management · Environmental Page1 Natural Moisture & Density Report (ASTM D2216 & ASTM D2937) Date: March 26, 2019 Job Number: 226816-0000111 Client: Carlsbad Municipal Water District Report Number: 7182 Address: 5950 El Camino Real Lab Number: 117824, 117826-117832 Carlsbad, CA 92008 117833-117835 Project: Carlsbad Phase III Recycled Water Project 117837-117841 Project Add: Carlsbad, CA Sampled By: Sean Burford Date Sampled: 3/1/2019 Date Rcvd: 3/1/2019 Lab Number 117824 117826 117827 117828 117829 Exploration No. B1 B1 B1 B1 B1 Depth, ft. 3-5 8-10 10-11.5 13-15 15-15.5 Moisture Content, % 9.7 11.8 8.5 3.3 7.1 Dry Density, pcf - - - - 110.8 Lab Number 117830 117831 117832 117833 117834 Exploration No. B1 B1 B1 B2 B2 Depth, ft. 20-21.5 25-25.5 28-30 3-5 5-6.5 Moisture Content, % 8.6 8.1 9.1 7.6 8.3 Dry Density, pcf - 104.5 - - - Lab Number 117835 117837 117838 117839 117840 Exploration No. B2 B2 B2 B2 B2 Depth, ft. 8-10 15-16.5 18-20 20-20.5 23-25 Moisture Content, % 9.8 6.3 7.2 7.1 7.2 Dry Density, pcf - - - 103.8 - 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 Construction Quality Assurance · Infrastructure · Energy · Program Management · Environmental Page2 Natural Moisture & Density Report (ASTM D2216 & ASTM D2937) Lab Number 117841 Exploration No. B2 Depth, ft. 25-26 Moisture Content, % 7.2 Dry Density, pcf - Respectfully Submitted, NV5 West, Inc. Reviewed by: Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) Date:Job Number:226816-0000111 Client:Carlsbad Municipal Water District Report Number:7182 Address:5950 El Camino Real Lab Number:117824 & 117835 Carlsbad, CA 92008 Project :Carlsbad Phase III Recycled Water Project Project Address: Material Color Sample Location Date Sampled Date Submitted Sampled By Date Tested Tested By Sample ID:117824 117835 Sieve Size 76.2mm (3")100 100 63mm (2 1/2")100 100 Notes:Hardness: H&D = Hard & Durable; W&F = Weathered & Friable 50mm (2")100 100 N.R.: Not Recorded; N/A: Not Available. 37.5mm (1 1/2") 100 100 25mm (1")100 100 19mm (3/4")100 100 12.5mm (1/2") 100 100 9.5mm (3/8")100 100 4.75mm (#4) 100 100 2mm (#10)100 99 850µm (#20)95 97 425µm (#40)77 82 250µm (#60)53 60 150 µm (#100)39 48 75 um (#200) washµ29.6 42.1 Fineness Modulus 0 9 0.7 Respectfully Submitted, Shape (sand & gravel)N.R.N.R.NV5 West, Inc. Hardness (sand & gravel)N.R.H&D Specific Gravity 2.65 2.65 Coef. of Curvature (CC)N.R.N.R. Coef. of Uniformity (CU)N.R.N.R. % Gravel 0 0 % Sand 70 58 Carl Henderson, PhD, PE, GE % Fines 29.6 42.1 CQA Group Director (San Diego) USCS Class:SC SC B2 @ 8'-10' % Passing Edwin Ocampo REPORT OF SIEVE ANALYSIS TEST ASTM D6913 - Soil Sean Burford Sean Burford 3/12/2019 3/1/2019 3/12/2019 Brown Orange Brown 117824 117835 3/1/2019 March 26, 2019 Carlsbad, CA Clayey SAND (SC) Clayey SAND (SC) 3/1/2019 3/1/2019 B1 @ 3'-5' Edwin Ocampo 0 10 20 30 40 50 60 70 80 90 100 0.010.1110100PERCENT FINER BY WEIGHTGRAIN SIZE (mm) 117824 117835 GRAVEL coarse fine SAND coarse finemedium SILT or CLAYCBL 3/81/23/411.522.533.54 4 8 16 30 50 100 20040U.S. SIEVE OPENING (INCHES)U.S. SIEVE NUMBER HYDROMETER 15092 Avenue of Science Suite 200 - San Diego, CA 92128 - www.NV5.com - Office 858.385.0500 - Fax 858.715.5810 CQA - Infrastructure - Energy - Program Management - Environmental Date:Job Number: Client:Carlsbad Municipal Water District Report Number: Address:5950 El Camino Real Lab Number: Carlsbad Phase III Recycled Water Project Project Address:Carlsbad, CA Brown Clayey SAND (SC) B1 @ 3'-5' Date Sampled: Date Submitted: SUMMARY OF TEST RESULTS TEST RESULT USCS LL PL PI Class Group Name 117824 33 26 15 11 CL Note: Reviewed By: Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) %>#40 *For material passing the #40 sieve *Sandy Lean CLAYB1 @ 3'-5' SAMPLE ID Project: 3/1/2019 Sampled By: Date Tested: March 26, 2019 Location: (ASTM D4318) Carlsbad, CA 92008 Material: REPORT OF LIQUID LIMIT, PLASTIC LIMIT & PLASTICITY INDEX TESTS 3/1/2019 Sean Burford 3/11/2019 226816-0000111 7182 117824 SOURCE /LOCATION DEPTH 0 10 20 30 40 50 60 0 10 20 30 40 50 60 70 80 90 100 110PLASTICITY INDEX (PI)LIQUID LIMIT (LL) MH or OH ML or OL CH or OH CL-ML “A ” Line “U ” Line CL or O L 15092 Avenue of Science Suite 200 - San Diego, CA 92128 - www.NV5.com - Office 858.385.0500 - Fax 858.715.5810 CQA - Infrastructure - Energy - Program Management - Environmental Date:Job Number: Client:Carlsbad Municipal Water District Report Number: Address:5950 El Camino Real Lab Number: Carlsbad Phase III Recycled Water Project Project Address:Carlsbad, CA Orange Brown Clayey SAND (SC) B2 @ 3'-5' Date Sampled: Date Submitted: SUMMARY OF TEST RESULTS TEST RESULT USCS LL PL PI Class Group Name 117833 NR 26 13 13 CL Note: Reviewed By: Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) *For material passing the #40 sieve *Sandy Lean CLAYB2 @ 3'-5' %>#40 REPORT OF LIQUID LIMIT, PLASTIC LIMIT & PLASTICITY INDEX TESTS Material: SOURCE /LOCATION DEPTHSAMPLE ID Project: 3/1/2019 Sampled By: Date Tested: March 26, 2019 Location: (ASTM D4318) Carlsbad, CA 92008 3/1/2019 Sean Burford 3/11/2019 226816-0000111 7182 117833 0 10 20 30 40 50 60 0 10 20 30 40 50 60 70 80 90 100 110PLASTICITY INDEX (PI)LIQUID LIMIT (LL) MH or OH ML or OL CH or OH CL-ML “A ” Line “U ” Line CL or O L 15092 Avenue of Science Suite 200 - San Diego, CA 92128 - www.NV5.com - Office 858.385.0500 - Fax 858.715.5810 CQA - Infrastructure - Energy - Program Management - Environmental Project No.226816-0000111 Date:3/26/2019 Client:Carlsbad Municipal Water District Report No.:7182 Proj. Name:Lab No.:117825 Location:Carlsbad, CA Date Rcvd:3/1/2019 Sample date:3/1/2019 Sample Location:6'-6.5'Boring No.B1 Test Date:3/20/2019 TEST DATA: .5 ksf 1 ksf 2 ksf Water Content (%)11.8 11.8 11.8 Dry Density 115.8 113.1 120.0 Description: Saturation (%)69.9 65.1 78.8 Water Content (%)15.4 15.8 14.6 Color: Dry Density 111.7 109.3 114.4 Saturation (%)82.0 78.9 83.4 500 1000 2000 622 885 1893 861 1064 2219 Tested By: Respectfully Submitted, NV5 West, Inc. Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) Orange Brown DIRECT SHEAR TEST (ASTM D3080)InitialFinalRelatively Undisturbed Sample Clayey SAND (SC) Sample ID: Normal Stress (psf) Sample Type: Carlsbad Phase III Recycled Water Peak Friction,Φ' (deg): 43 Peak Cohesion, C'(psf): 284 Ultimate Shear Stress (psf) Peak Shear Stress (psf) Ultimate Cohesion, C'(psf): 118 Ultimate Friction,Φ' (deg): 41 Darrel Delgado NV5 15092 Avenue of Science, Ste 200 San Diego CA 92128 p. 858 385 0500 f. 858 715 5810 622 885 1893 861 1064 2219 y = 0.8703x + 118 y = 0.941x + 283.5 0 500 1000 1500 2000 2500 0 500 1000 1500 2000 2500Shear Stress, (psf)Effective Normal Stress, (psf) Linear (Ultimate Strength Envelope) Linear (Peak Strength Envelope) Peak Ultimate 0 500 1000 1500 2000 2500 0 0.05 0.1 0.15 0.2 0.25 0.3Shear Stress (psf)Horizontal Displacement (in) .5 ksf 1 ksf 2 ksf -0.005 0 0.005 0.01 0.015 0.02 0.025 0 0.05 0.1 0.15 0.2 0.25 0.3Vertical Displacement (in)Horizontal Displacement (in) .5 ksf 1 ksf 2 ksf Project No.226816-0000111 Date:3/26/2019 Client:Carlsbad Municipal Water District Report No.:7182 Proj. Name:Lab No.:117836 Location:Carlsbad, CA Date Rcvd:3/1/2019 Sample date:3/1/2019 Sample Location:10'-10.5'Boring No.B2 Test Date:3/22/2019 TEST DATA: 1 ksf 2 ksf 4 ksf Water Content (%)5.5 5.5 5.5 Dry Density 109.9 113.8 111.7 Description: Saturation (%)30.0 33.6 31.5 Water Content (%)13.4 11.9 11.8 Color: Dry Density 103.1 109.2 106.2 Saturation (%)60.6 63.9 58.1 1000 2000 4000 808 1696 2786 820 1758 2870 Tested By: Respectfully Submitted, NV5 West, Inc. Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) Orange Brown DIRECT SHEAR TEST (ASTM D3080)InitialFinalRelatively Undisturbed Sample Clayey SAND (SC) Sample ID: Normal Stress (psf) Sample Type: Carlsbad Phase III Recycled Water Peak Friction,Φ' (deg): 34 Peak Cohesion, C'(psf): 264 Ultimate Shear Stress (psf) Peak Shear Stress (psf) Ultimate Cohesion, C'(psf): 263 Ultimate Friction,Φ' (deg): 33 Darrel Delgado NV5 15092 Avenue of Science, Ste 200 San Diego CA 92128 p. 858 385 0500 f. 858 715 5810 808 1696 2786 820 1758 2870 y = 0.643x + 263 y = 0.6651x + 264 0 500 1000 1500 2000 2500 3000 3500 4000 0 500 1000 1500 2000 2500 3000 3500 4000Shear Stress, (psf)Effective Normal Stress, (psf) Linear (Ultimate Strength Envelope) Linear (Peak Strength Envelope) Peak Ultimate 0 500 1000 1500 2000 2500 3000 3500 0 0.05 0.1 0.15 0.2 0.25 0.3Shear Stress (psf)Horizontal Displacement (in) 1 ksf 2 ksf 4 ksf -0.03 -0.025 -0.02 -0.015 -0.01 -0.005 0 0.005 0 0.05 0.1 0.15 0.2 0.25 0.3Vertical Displacement (in)Horizontal Displacement (in) 1 ksf 2 ksf 4 ksf Date: Client:Carlsbad Municipal Water District Client Address:5950 El Camino Real, Carlsbad, CA Job Number:226816-0000111 Project Name:Carlsbad Phase III Recycled Water Report Number:7182 Project Address:Carlsbad, CA Lab Number:117824 Date Sampled:03/01/19 Sampled By:Sean Burford Date Submitted:03/01/19 Submitted By:Sean Burford Sample Location:B1 @ 3'-5'Test Designation:ASTM_D1557 Material Description:Brown Clayey SAND (SC)Method:A Material Source:NR Method of Sample Preparation:Moist Oversize Correction?No Type of Hammer Used:Automatic Sieve Results (Retained %): 3/4":0 3/8":0 #4:0 Respectfully Submitted, NV5 West, Inc.128.5 9.0 Carl Henderson, PhD, PE, GE Maximum Density, pcf N/A CQA Group Director (San Diego)N/A Report of Moisture/Density Relationship Test (ASTM D1557) Optimum Moisture, % Optimum Moisture, % Maximum Density, pcf Test Results Oversize Corrected Results 3/28/2019 SpGr = 2 6 SpGr = 2.5 SpGr = 2.7 15092 Avenue of Science Suite 200 - San Diego, CA 92128 - www.NV5.com - Office 858.385.0500 - Fax 858.715.5810 CQA - Infrastructure - Energy - Program Management - Environmental Date: Client:Carlsbad Municipal Water District Client Address:5950 El Camino Real, Carlsbad, CA Job Number:226816-0000111 Project Name:Carlsbad Phase III Recycled Water Report Number:7182 Project Address:Carlsbad, CA Lab Number:117835 Date Sampled:03/01/19 Sampled By:Sean Burford Date Submitted:03/01/19 Submitted By:Sean Burford Sample Location:B2 @ 8'-10'Test Designation:ASTM_D1557 Material Description:Orange Brown Clayey SAND (SC)Method:A Material Source:NR Method of Sample Preparation:Moist Oversize Correction?No Type of Hammer Used:Automatic Sieve Results (Retained %): 3/4":0 3/8":0 #4:0 Respectfully Submitted, NV5 West, Inc.127.0 10.7 Carl Henderson, PhD, PE, GE Maximum Density, pcf N/A CQA Group Director (San Diego)N/A Report of Moisture/Density Relationship Test (ASTM D1557) Optimum Moisture, % Optimum Moisture, % Maximum Density, pcf Test Results Oversize Corrected Results 3/28/2019 SpGr = 2 6 SpGr = 2.5 SpGr = 2.7 15092 Avenue of Science Suite 200 - San Diego, CA 92128 - www.NV5.com - Office 858.385.0500 - Fax 858.715.5810 CQA - Infrastructure - Energy - Program Management - Environmental Date:Job Number:226816-0000111 Client:Carlsbad Municipal Water District Report Number:7182 Address:5950 El Camino Real Lab Number:117833 Carlsbad, CA 92008 Project :Carlsbad Phase III Recycled Water Project Project Address :Carlsbad, CA Material:Orange Brown Clayey SAND (SC) Material Source:NR Location:B2 @ 3'-5' Sampled By:Sean Burford Date Sampled: Date Received:Tested By: Noah Regalado Respectfully Submitted, NV5 West, Inc. Reviewed By: Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) 3/1/2019 15R-VALUE AT EQUILIBRIUM COMP. FOOT PRESSURE, psi INITIAL MOISTURE % MOISTURE @ COMPACTION % DRY DENSITY, pcf EXUDATION PRESSURE, psi STABILOMETER VALUE 'R' R-VALUE BY EXPANSION 15 122.2 3/1/2019 118.3 (CTM301 Caltrans / ASTM D2844) 0 Construction Quality Assurance · Infrastructure · Energy · Program Management · Environmental TEST SPECIMEN 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 9 D 125.7 RESISTANCE "R" VALUE TEST 480 25 B 130 C 70 6.4 13.9 181 3/26/2019 R-VALUE BY EXUDATION 291 6.4 12.6 14 A 250 6.4 11.7 25 14 9 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 050100150200250300350400450500550600650700750800 Exudation Presure (psi) EXUDATION PRESSURE CHART 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 1.1 1.2 1.3 1.4 1.5 0 00.10 20 30.40 50.60.70 80 91 01.11 21 31.41 5Cover Thickness By Stabilometer,(ft)Cover Thickness by Expansion Pressure (ft) EXPANSION PRESSURE CHART 15092 Avenue of Science Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.715.5810 Construction Quality Assurance · Infrastructure · Energy · Program Management · Environmental Expansion Index Test Report (ASTM D4829) Date: March 26, 2019 Job Number: 226816-0000111 Client: Carlsbad Municipal Water District Report Number: 7182 Address: 5950 El Camino Real Lab Number: 117824 & 117833 Carlsbad, CA 92008 Project: Carlsbad Phase III Recycled Water Project Project Add: Carlsbad, CA Sampled By: Sean Burford Date Sampled: 3/1/2019 Date Rcvd: 3/1/2019 Lab Number 117824 117833 Location B1 @ 3’-5’ B2 @ 3’-5’ Material Type Brown Clayey SAND (SC) Orange Brown Clayey SAND (SC) Initial Moisture Content, % 8.3 9.7 Final Moisture Content, % 14.2 23.2 Dry Density, pcf 117.8 112.1 Initial Saturation, % 52.0 51.9 Expansion Index 5 13 Potential Expansion VERY LOW VERY LOW Respectfully Submitted, NV5 West, Inc. Carl Henderson, PhD, PE, GE CQA Group Director (San Diego) L A B O R A T O R Y R E P O R T Telephone (619) 425-1993 Fax 425-7917 Established 1928 C L A R K S O N L A B O R A T O R Y A N D S U P P L Y I N C. 350 Trousdale Dr. Chula Vista, Ca. 91910 www.clarksonlab.com A N A L Y T I C A L A N D C O N S U L T I N G C H E M I S T S Date: March 12, 2019 Purchase Order Number: 19-0450 Sales Order Number: 43579 Account Number: NV5-SD To: *-------------------------------------------------* NV5 West Inc 15092 Avenue of Science #200 San Diego, CA 92128 Attention: Brittani Escobedo Laboratory Number: SO7226-1 Customers Phone: 858-715-5800 Fax: 858-715-5810 Sample Designation: *-------------------------------------------------* One soil sample received on 03/08/19 at 12:30pm, from Phase 111 Recycled Water Project - Carlsbad Job#111, phase 04, task 4.2 marked as Lab No 117824, Report# 7182, B1, Depth 3-5. Analysis By California Test 643, 1999, Department of Transportation Division of Construction, Method for Estimating the Service Life of Steel Culverts. pH 7.6 Water Added (ml) Resistivity (ohm-cm) 10 7400 5 3400 5 2400 5 2500 5 2100 5 2200 5 2400 41 years to perforation for a 16 gauge metal culvert. 54 years to perforation for a 14 gauge metal culvert. 75 years to perforation for a 12 gauge metal culvert. 95 years to perforation for a 10 gauge metal culvert. 116 years to perforation for a 8 gauge metal culvert. Water Soluble Sulfate Calif. Test 417 0.005 % (54ppm) Water Soluble Chloride Calif. Test 422 0.006 % (64ppm) __________________ Rosa Bernal RMB/ilv L A B O R A T O R Y R E P O R T Telephone (619) 425-1993 Fax 425-7917 Established 1928 C L A R K S O N L A B O R A T O R Y A N D S U P P L Y I N C. 350 Trousdale Dr. Chula Vista, Ca. 91910 www.clarksonlab.com A N A L Y T I C A L A N D C O N S U L T I N G C H E M I S T S Date: March 12, 2019 Purchase Order Number: 19-0450 Sales Order Number: 43579 Account Number: NV5-SD To: *-------------------------------------------------* NV5 West Inc 15092 Avenue of Science #200 San Diego, CA 92128 Attention: Brittani Escobedo Laboratory Number: SO7226-2 Customers Phone: 858-715-5800 Fax: 858-715-5810 Sample Designation: *-------------------------------------------------* One soil sample received on 03/08/19 at 12:30pm, taken from Phase 111 Recycled Water Project - Carlsbad Job#111, phase 04, task 4.2 marked as Lab No 117835, Report# 7182, B2, Depth 8-10. Analysis By California Test 643, 1999, Department of Transportation Division of Construction, Method for Estimating the Service Life of Steel Culverts. pH 5.9 Water Added (ml) Resistivity (ohm-cm) 10 9500 5 3300 5 1600 5 1400 5 1400 5 1500 5 1600 13 years to perforation for a 16 gauge metal culvert. 17 years to perforation for a 14 gauge metal culvert. 24 years to perforation for a 12 gauge metal culvert. 30 years to perforation for a 10 gauge metal culvert. 37 years to perforation for a 8 gauge metal culvert. Water Soluble Sulfate Calif. Test 417 0.003% (33ppm) Water Soluble Chloride Calif. Test 422 0.006% (64ppm) ____________________ Rosa Bernal RMB/ilv 226818-0000111 NV5.COM | APPENDIX C Typical Earthwork Guidelines 226818-0000111 NV5.COM | TYPICAL EARTHWORK GUIDELINES 1. GENERAL These guidelines and the standard details attached hereto are presented as general procedures for earthwork construction for sites having slopes less than 10 feet high. They are to be utilized in conjunction with the project grading plans. These guidelines are considered a part of the geotechnical report, but are superseded by recommendations in the geotechnical report in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could supersede these specifications and/or the recommendations of the geotechnical report. It is the responsibility of the contractor to read and understand these guidelines as well as the geotechnical report and project grading plans. 1.1. The contractor shall not vary from these guidelines without prior recommendations by the geotechnical consultant and the approval of the client or the client's authorized representative. Recommendations by the geotechnical consultant and/or client shall not be considered to preclude requirements for approval by the jurisdictional agency prior to the execution of any changes. 1.2. The contractor shall perform the grading operations in accordance with these specifications, and shall be responsible for the quality of the finished product notwithstanding the fact that grading work will be observed and tested by the geotechnical consultant. 1.3. It is the responsibility of the grading contractor to notify the geotechnical consultant and the jurisdictional agencies, as needed, prior to the start of work at the site and at any time that grading resumes after interruption. Each step of the grading operations shall be observed and documented by the geotechnical consultant and, where needed, reviewed by the appropriate jurisdictional agency prior to proceeding with subsequent work. 1.4. If, during the grading operations, geotechnical conditions are encountered which were not anticipated or described in the geotechnical report, the geotechnical consultant shall be notified immediately and additional recommendations, if applicable, may be provided. 1.5. An as-graded report shall be prepared by the geotechnical consultant and signed by a registered engineer and registered engineering geologist. The report documents the geotechnical consultants' observations, and field and laboratory test results, and provides conclusions regarding whether or not earthwork construction was performed in accordance with the geotechnical recommendations and the grading plans. Recommendations for foundation design, pavement design, subgrade treatment, etc., may also be included in the as-graded report. 1.6. For the purpose of evaluating quantities of materials excavated during grading and/or locating the limits of excavations, a licensed land surveyor or civil engineer shall be retained. 226818-0000111 NV5.COM | 2. SITE PREPARATION Site preparation shall be performed in accordance with the recommendations presented in the following sections. 2.1. The client, prior to any site preparation or grading, shall arrange and attend a pre-grading meeting between the grading contractor, the design engineer, the geotechnical consultant, and representatives of appropriate governing authorities, as well as any other involved parties. The parties shall be given two working days notice. 2.2. Clearing and grubbing shall consist of the substantial removal of vegetation, brush, grass, wood, stumps, trees, tree roots greater than 1/2-inch in diameter, and other deleterious materials from the areas to be graded. Clearing and grubbing shall extend to the outside of the proposed excavation and fill areas. 2.3. Demolition in the areas to be graded shall include removal of building structures, foundations, reservoirs, utilities (including underground pipelines, septic tanks, leach fields, seepage pits, cisterns, etc.), and other manmade surface and subsurface improvements, and the backfilling of mining shafts, tunnels and surface depressions. Demolition of utilities shall include capping or rerouting of pipelines at the project perimeter, and abandonment of wells in accordance with the requirements of the governing authorities and the recommendations of the geotechnical consultant at the time of demolition. 2.4. The debris generated during clearing, grubbing and/or demolition operations shall be removed from areas to be graded and disposed of off site at a legal dump site. Clearing, grubbing, and demolition operations shall be performed under the observation of the geotechnical consultant. 2.5. The ground surface beneath proposed fill areas shall be stripped of loose or unsuitable soil. These soils may be used as compacted fill provided they are generally free of organic or other deleterious materials and evaluated for use by the geotechnical consultant. The resulting surface shall be evaluated by the geotechnical consultant prior to proceeding. The cleared, natural ground surface shall be scarified to a depth of approximately 8 inches, moisture conditioned, and compacted in accordance with the specifications presented in Section 5 of these guidelines. 3. REMOVALS AND EXCAVATIONS Removals and excavations shall be performed as recommended in the following sections. 3.1. Removals 3.1.1. Materials which are considered unsuitable shall be excavated under the observation of the geotechnical consultant in accordance with the recommendations contained herein. Unsuitable materials include, but may not be limited to, dry, loose, soft, wet, organic, compressible natural soils, fractured, weathered, soft bedrock, and undocumented or otherwise deleterious fill materials. 226818-0000111 NV5.COM | 3.1.2. Materials deemed by the geotechnical consultant to be unsatisfactory due to moisture conditions shall be excavated in accordance with the recommendations of the geotechnical consultant, watered or dried as needed, and mixed to generally uniform moisture content in accordance with the specifications presented in Section 5 of this document. 3.2. Excavations 3.2.1. Temporary excavations no deeper than 4 feet in firm fill or natural materials may be made with vertical side slopes. To satisfy California Occupational Safety and Health Administration (CAL OSHA) requirements, any excavation deeper than 4 feet shall be shored or laid back at a 1:1 inclination or flatter, depending on material type, if construction workers are to enter the excavation. 4. COMPACTED FILL Fill shall be constructed as specified below or by other methods recommended by the geotechnical consultant. Unless otherwise specified, fill soils shall be compacted to 90 percent relative compaction, as evaluated in accordance with ASTM Test Method D1557. 4.1. Prior to placement of compacted fill, the contractor shall request an evaluation of the exposed ground surface by the geotechnical consultant. Unless otherwise recommended, the exposed ground surface shall then be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve a generally uniform moisture content at or near the optimum moisture content. The scarified materials shall then be compacted to 90 percent relative compaction. The evaluation of compaction by the geotechnical consultant shall not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to notify the geotechnical consultant and the appropriate governing agency when project areas are ready for observation, and to provide reasonable time for that review. 4.2. Excavated on-site materials which are in general compliance with the recommendations of the geotechnical consultant may be utilized as compacted fill provided they are generally free of organic or other deleterious materials and do not contain rock fragments greater than 6 inches in dimension. During grading, the contractor may encounter soil types other than those analyzed during the preliminary geotechnical study. The geotechnical consultant shall be consulted to evaluate the suitability of any such soils for use as compacted fill. 4.3. Where imported materials are to be used on site, the geotechnical consultant shall be notified three working days in advance of importation in order that it may sample and test the materials from the proposed borrow sites. No imported materials shall be delivered for use on site without prior sampling, testing, and evaluation by the geotechnical consultant. 226818-0000111 NV5.COM | 4.4. Soils imported for on-site use shall preferably have very low to low expansion potential (based on UBC Standard 18-2 test procedures). Lots on which expansive soils may be exposed at grade shall be undercut 3 feet or more and capped with very low to low expansion potential fill. In the event expansive soils are present near the ground surface, special design and construction considerations shall be utilized in general accordance with the recommendations of the geotechnical consultant. 4.5. Fill materials shall be moisture conditioned to near optimum moisture content prior to placement. The optimum moisture content will vary with material type and other factors. Moisture conditioning of fill soils shall be generally uniform in the soil mass. 4.6. Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill shall be prepared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. 4.7. Compacted fill shall be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift shall be watered or dried as needed to achieve near optimum moisture condition, mixed, and then compacted by mechanical methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to the specified relative compaction. Successive lifts shall be treated in a like manner until the desired finished grades are achieved. 4.8. Fill shall be tested in the field by the geotechnical consultant for evaluation of general compliance with the recommended relative compaction and moisture conditions. Field density testing shall conform to ASTM D1556-00 (Sand Cone method), D2937-00 (Drive- Cylinder method), and/or D2922-96 and D3017-96 (Nuclear Gauge method). Generally, one test shall be provided for approximately every 2 vertical feet of fill placed, or for approximately every 1000 cubic yards of fill placed. In addition, on slope faces one or more tests shall be taken for approximately every 10,000 square feet of slope face and/or approximately every 10 vertical feet of slope height. Actual test intervals may vary as field conditions dictate. Fill found to be out of conformance with the grading recommendations shall be removed, moisture conditioned, and compacted or otherwise handled to accomplish general compliance with the grading recommendations. 4.9. The contractor shall assist the geotechnical consultant by excavating suitable test pits for removal evaluation and/or for testing of compacted fill. 4.10. At the request of the geotechnical consultant, the contractor shall "shut down" or restrict grading equipment from operating in the area being tested to provide adequate testing time and safety for the field technician. 4.11. The geotechnical consultant shall maintain a map with the approximate locations of field density tests. Unless the client provides for surveying of the test locations, the locations shown by the geotechnical consultant will be estimated. The geotechnical consultant shall not be held responsible for the accuracy of the horizontal or vertical locations or elevations. 226818-0000111 NV5.COM | 4.12. Grading operations shall be performed under the observation of the geotechnical consultant. Testing and evaluation by the geotechnical consultant does not preclude the need for approval by or other requirements of the jurisdictional agencies. 4.13. Fill materials shall not be placed, spread or compacted during unfavorable weather conditions. When work is interrupted by heavy rains, the filling operation shall not be resumed until tests indicate that moisture content and density of the fill meet the project specifications. Regrading of the near-surface soil may be needed to achieve the specified moisture content and density. 4.14. Upon completion of grading and termination of observation by the geotechnical consultant, no further filling or excavating, including that planned for footings, foundations, retaining walls or other features, shall be performed without the involvement of the geotechnical consultant. 4.15. Fill placed in areas not previously viewed and evaluated by the geotechnical consultant may have to be removed and recompacted at the contractor's expense. The depth and extent of removal of the unobserved and undocumented fill will be decided based upon review of the field conditions by the geotechnical consultant. 4.16. Off-site fill shall be treated in the same manner as recommended in these specifications for on-site fills. Off-site fill subdrains temporarily terminated (up gradient) shall be surveyed for future locating and connection. 5. OVERSIZED MATERIAL Oversized material shall be placed in accordance with the following recommendations. 5.1. During the course of grading operations, rocks or similar irreducible materials greater than 6 inches in dimension (oversized material) may be generated. These materials shall not be placed within the compacted fill unless placed in general accordance with the recommendations of the geotechnical consultant. 5.2. Where oversized rock (greater than 6 inches in dimension) or similar irreducible material is generated during grading, it is recommended, where practical, to waste such material off site, or on site in areas designated as "nonstructural rock disposal areas." Rock designated for disposal areas shall be placed with sufficient sandy soil to generally fill voids. The disposal area shall be capped with a 5-foot thickness of fill which is generally free of oversized material. 5.3. Rocks 6 inches in dimension and smaller may be utilized within the compacted fill, provided they are placed in such a manner that nesting of rock is not permitted. Fill shall be placed and compacted over and around the rock. The amount of rock greater than ¾-inch in dimension shall generally not exceed 40 percent of the total dry weight of the fill mass, unless the fill is specially designed and constructed as a "rock fill." 226818-0000111 NV5.COM | 5.4. Rocks or similar irreducible materials greater than 6 inches but less than 4 feet in dimension generated during grading may be placed in windrows and capped with finer materials in accordance with the recommendations of the geotechnical consultant and the approval of the governing agencies. Selected native or imported granular soil (Sand Equivalent of 30 or higher) shall be placed and flooded over and around the windrowed rock such that voids are filled. Windrows of oversized materials shall be staggered so that successive windrows of oversized materials are not in the same vertical plane. Rocks greater than 4 feet in dimension shall be broken down to 4 feet or smaller before placement, or they shall be disposed of off site. 6. SLOPES The following sections provide recommendations for cut and fill slopes. 6.1. Cut Slopes 6.1.1. The geotechnical consultant shall observe cut slopes during excavation. The geotechnical consultant shall be notified by the contractor prior to beginning slope excavations. 6.1.2. If, during the course of grading, adverse or potentially adverse geotechnical conditions are encountered in the slope which were not anticipated in the preliminary evaluation report, the geotechnical consultant shall evaluate the conditions and provide appropriate recommendations. 6.2. Fill Slopes 6.2.1. When placing fill on slopes steeper than 5:1 (horizontal:vertical), topsoil, slope wash, colluvium, and other materials deemed unsuitable shall be removed. Near-horizontal keys and near-vertical benches shall be excavated into sound bedrock or fine fill material, in accordance with the recommendation of the geotechnical consultant. Keying and benching shall be accomplished. Compacted fill shall not be placed in an area subsequent to keying and benching until the area has been observed by the geotechnical consultant. Where the natural gradient of a slope is less than 5:1, benching is generally not recommended. However, fill shall not be placed on compressible or otherwise unsuitable materials left on the slope face. 6.2.2. Within a single fill area where grading procedures dictate two or more separate fills, temporary slopes (false slopes) may be created. When placing fill adjacent to a temporary slope, benching shall be conducted in the manner described in Section 7.2. A 3-foot or higher near-vertical bench shall be excavated into the documented fill prior to placement of additional fill. 6.2.3. Unless otherwise recommended by the geotechnical consultant and accepted by the Building Official, permanent fill slopes shall not be steeper than 2:1 (horizontal:vertical). The height of a fill slope shall be evaluated by the geotechnical consultant. 226818-0000111 NV5.COM | 6.2.4. Unless specifically recommended otherwise, compacted fill slopes shall be overbuilt and cut back to grade, exposing firm compacted fill. The actual amount of overbuilding may vary as field conditions dictate. If the desired results are not achieved, the existing slopes shall be overexcavated and reconstructed in accordance with the recommendations of the geotechnical consultant. The degree of overbuilding may be increased until the desired compacted slope face condition is achieved. Care shall be taken by the contractor to provide mechanical compaction as close to the outer edge of the overbuilt slope surface as practical. 6.2.5. If access restrictions, property line location, or other constraints limit overbuilding and cutting back of the slope face, an alternative method for compaction of the slope face may be attempted by conventional construction procedures including backrolling at intervals of 4 feet or less in vertical slope height, or as dictated by the capability of the available equipment, whichever is less. Fill slopes shall be backrolled utilizing a conventional sheepsfoot-type roller. Care shall be taken to maintain the specified moisture conditions and/or reestablish the same, as needed, prior to backrolling. 6.2.6. The placement, moisture conditioning and compaction of fill slope materials shall be done in accordance with the recommendations presented in Section 5 of these guidelines. 6.2.7. The contractor shall be ultimately responsible for placing and compacting the soil out to the slope face to obtain a relative compaction of 90 percent as evaluated by ASTM D1557 and a moisture content in accordance with Section 5. The geotechnical consultant shall perform field moisture and density tests at intervals of one test for approximately every 10,000 square feet of slope. 6.2.8. Backdrains shall be provided in fill as recommended by the geotechnical consultant. 6.3. Top-of-Slope Drainage 6.3.1. For pad areas above slopes, positive drainage shall be established away from the top of slope. This may be accomplished utilizing a berm and pad gradient of 2 percent or steeper at the top-of-slope areas. Site runoff shall not be permitted to flow over the tops of slopes. 6.3.2. Gunite-lined brow ditches shall be placed at the top of cut slopes to redirect surface runoff away from the slope face where drainage devices are not otherwise provided. 226818-0000111 NV5.COM | 6.4. Slope Maintenance 6.4.1. In order to enhance surficial slope stability, slope planting shall be accomplished at the completion of grading. Slope plants shall consist of deep-rooting, variable root depth, drought-tolerant vegetation. Native vegetation is generally desirable. Plants native to semiarid and mid areas may also be appropriate. Large-leafed ice plant should not be used on slopes. A landscape architect shall be consulted regarding the actual types of plants and planting configuration to be used. 6.4.2. Irrigation pipes shall be anchored to slope faces and not placed in trenches excavated into slope faces. Slope irrigation shall be maintained at a level just sufficient to support plant growth. Property owners shall be made aware that over watering of slopes is detrimental to slope stability. Slopes shall be monitored regularly and broken sprinkler heads and/or pipes shall be repaired immediately. 6.4.3. Periodic observation of landscaped slope areas shall be planned and appropriate measures taken to enhance growth of landscape plants. 6.4.4. Graded swales at the top of slopes and terrace drains shall be installed and the property owners notified that the drains shall be periodically checked so that they may be kept clear. Damage to drainage improvements shall be repaired immediately. To reduce siltation, terrace drains shall be constructed at a gradient of 3 percent or steeper, in accordance with the recommendations of the project civil engineer. 6.4.5. If slope failures occur, the geotechnical consultant shall be contacted immediately for field review of site conditions and development of recommendations for evaluation and repair. 7. TRENCH BACKFILL The following sections provide recommendations for backfilling of trenches. 7.1. Trench backfill shall consist of granular soils (bedding) extending from the trench bottom to 1 foot or more above the pipe. On-site or imported fill which has been evaluated by the geotechnical consultant may be used above the granular backfill. The cover soils directly in contact with the pipe shall be classified as having a very low expansion potential, in accordance with UBC Standard 18-2, and shall contain no rocks or chunks of hard soil larger than 3/4-inch in diameter. 7.2. Trench backfill shall, unless otherwise recommended, be compacted by mechanical means to 90 percent relative compaction as evaluated by ASTM D1557. Backfill soils shall be placed in loose lifts 8-inches thick or thinner, moisture conditioned, and compacted in accordance with the recommendations of Section 5 of these guidelines. The backfill shall be tested by the geotechnical consultant at vertical intervals of approximately 2 feet of backfill placed and at spacings along the trench of approximately 100 feet in the same lift. 226818-0000111 NV5.COM | 7.3. Jetting of trench backfill materials is generally not a recommended method of densification, unless the on-site soils are sufficiently free-draining and provisions have been made for adequate dissipation of the water utilized in the jetting process. 7.4. If it is decided that jetting may be utilized, granular material with a sand equivalent greater than 30 shall be used for backfilling in the areas to be jetted. Jetting shall generally be considered for trenches 2 feet or narrower in width and 4 feet or shallower in depth. Following jetting operations, trench backfill shall be mechanically compacted to the specified compaction to finish grade. 7.5. Trench backfill which underlies the zone of influence of foundations shall be mechanically compacted to 90 percent or greater relative compaction, as evaluated by ASTM D1557. The zone of influence of the foundations is generally defined as the roughly triangular area within the limits of a 1:1 (horizontal:vertical) projection from the inner and outer edges of the foundation, projected down and out from both edges. 7.6. Trench backfill within slab areas shall be compacted by mechanical means to a relative compaction of 90 percent, as evaluated by ASTM D1557. For minor interior trenches, density testing may be omitted or spot testing may be performed, as deemed appropriate by the geotechnical consultant. 7.7. When compacting soil in close proximity to utilities, care shall be taken by the grading contractor so that mechanical methods used to compact the soils do not damage the utilities. If the utility contractors indicate that it is undesirable to use compaction equipment in close proximity to a buried conduit, then the grading contractor may elect to use light mechanical compaction equipment or, with the approval of the geotechnical consultant, cover the conduit with clean granular material. These granular materials shall be jetted in place to the top of the conduit in accordance with the recommendations of Section 8.4 prior to initiating mechanical compaction procedures. Other methods of utility trench compaction may also be appropriate, upon review by the geotechnical consultant and the utility contractor, at the time of construction. 7.8. Clean granular backfill and/or bedding materials are not recommended for use in slope areas unless provisions are made for a drainage system to mitigate the potential for buildup of seepage forces or piping of backfill materials. 7.9. The contractor shall exercise the specified safety precautions, in accordance with OSHA Trench Safety Regulations, while conducting trenching operations. Such precautions include shoring or laying back trench excavations at 1:1 or flatter, depending on material type, for trenches in excess of 5 feet in depth. The geotechnical consultant is not responsible for the safety of trench operations or stability of the trenches. 226818-0000111 NV5.COM | 8. DRAINAGE The following sections provide recommendations pertaining to site drainage. 8.1. Roof, pad, and slope drainage shall be such that it is away from slopes and structures to suitable discharge areas by nonerodible devices (e.g., gutters, downspouts, concrete swales, etc.). 8.2. Positive drainage adjacent to structures shall be established and maintained. Positive drainage may be accomplished by providing drainage away from the foundations of the structure at a gradient of 2 percent or steeper for a distance of 5 feet or more outside the building perimeter, further maintained by a graded swale leading to an appropriate outlet, in accordance with the recommendations of the project civil engineer and/or landscape architect. 8.3. Surface drainage on the site shall be provided so that water is not permitted to pond. A gradient of 2 percent or steeper shall be maintained over the pad area and drainage patterns shall be established to remove water from the site to an appropriate outlet. 8.4. Care shall be taken by the contractor during grading to preserve any berms, drainage terraces, interceptor swales or other drainage devices of a permanent nature on or adjacent to the property. Drainage patterns established at the time of finish grading shall be maintained for the life of the project. Property owners shall be made very clearly aware that altering drainage patterns may be detrimental to slope stability and foundation performance. 9. SITE PROTECTION The site shall be protected as outlined in the following sections. 9.1. Protection of the site during the period of grading shall be the responsibility of the contractor unless other provisions are made in writing and agreed upon among the concerned parties. Completion of a portion of the project shall not be considered to preclude that portion or adjacent areas from the need for site protection, until such time as the project is finished as agreed upon by the geotechnical consultant, the client, and the regulatory agency. 9.2. The contractor is responsible for the stability of temporary excavations. Recommendations by the geotechnical consultant pertaining to temporary excavations are made in consideration of stability of the finished project and, therefore, shall not be considered to preclude the responsibilities of the contractor. Recommendations by the geotechnical consultant shall also not be considered to preclude more restrictive requirements by the applicable regulatory agencies. 9.3. Precautions shall be taken during the performance of site clearing, excavation, and grading to protect the site from flooding, ponding, or inundation by surface runoff. Temporary provisions shall be made during the rainy season so that surface runoff is away from and off the working site. Where low areas cannot be avoided, pumps shall be provided to remove water as needed during periods of rainfall. 226818-0000111 NV5.COM | 9.4. During periods of rainfall, plastic sheeting shall be used as needed to reduce the potential for unprotected slopes to become saturated. Where needed, the contractor shall install check dams, desilting basins, riprap, sandbags or other appropriate devices or methods to reduce erosion and provide recommended conditions during inclement weather. 9.5. During periods of rainfall, the geotechnical consultant shall be kept informed by the contractor of the nature of remedial or precautionary work being performed on site (e.g., pumping, placement of sandbags or plastic sheeting, other labor, dozing, etc.). 9.6. Following periods of rainfall, the contractor shall contact the geotechnical consultant and arrange a walk-over of the site in order to visually assess rain-related damage. The geotechnical consultant may also recommend excavation and testing in order to aid in the evaluation. At the request of the geotechnical consultant, the contractor shall make excavations in order to aid in evaluation of the extent of rain-related damage. 9.7. Rain or irrigation related damage shall be considered to include, but may not be limited to, erosion, silting, saturation, swelling, structural distress, and other adverse conditions noted by the geotechnical consultant. Soil adversely affected shall be classified as "Unsuitable Material" and shall be subject to overexcavation and replacement with compacted fill or to other remedial grading as recommended by the geotechnical consultant. 9.8. Relatively level areas where saturated soils and/or erosion gullies exist to depths greater than 1 foot shall be overexcavated to competent materials as evaluated by the geotechnical consultant. Where adverse conditions extend to less than 1 foot in depth, saturated and/or eroded materials may be processed in-place. Overexcavated or in- place processed materials shall be moisture conditioned and compacted in accordance with the recommendations provided in Section 5. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifications are met. 9.9. Slope areas where saturated soil and/or erosion gullies exist to depths greater than 1 foot shall be overexcavated and replaced as compacted fill in accordance with the applicable specifications. Where adversely affected materials exist to depths of I foot or less below proposed finished grade, remedial grading by moisture conditioning in-place and compaction in accordance with the appropriate specifications may be attempted. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifications are met. As conditions dictate, other slope repair procedures may also be recommended by the geotechnical consultant. 9.10. During construction, the contractor shall grade the site to provide positive drainage away from structures and to keep water from ponding adjacent to structures. Water shall not be allowed to damage adjacent properties. Positive drainage shall be maintained by the contractor until permanent drainage and erosion reducing devices are installed in accordance with project plans. 226818-0000111 NV5.COM | APPENDIX D GBA - Important Information About This Geotechnical Report Geotechnical-Engineering Report Important Information about This Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks, you can manage them. The following information is provided to help. The Geoprofessional Business Association (GBA) has prepared this advisory to help you – assumedly a client representative – interpret and apply this geotechnical-engineering report as effectively as possible. In that way, clients can benefit from a lowered exposure to the subsurface problems that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed below, contact your GBA-member geotechnical engineer. Active involvement in the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk-confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Geotechnical-Engineering Services Are Performed for Specific Purposes, Persons, and ProjectsGeotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil-works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical-engineering report is unique, prepared solely for the client. Those who rely on a geotechnical-engineering report prepared for a different client can be seriously misled. No one except authorized client representatives should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one – not even you – should apply this report for any purpose or project except the one originally contemplated. Read this Report in FullCostly problems have occurred because those relying on a geotechnical-engineering report did not read it in its entirety. Do not rely on an executive summary. Do not read selected elements only. Read this report in full. You Need to Inform Your Geotechnical Engineer about ChangeYour geotechnical engineer considered unique, project-specific factors when designing the study behind this report and developing the confirmation-dependent recommendations the report conveys. A few typical factors include: • the client’s goals, objectives, budget, schedule, and risk-management preferences; • the general nature of the structure involved, its size, configuration, and performance criteria; • the structure’s location and orientation on the site; and • other planned or existing site improvements, such as retaining walls, access roads, parking lots, and underground utilities. Typical changes that could erode the reliability of this report include those that affect: • the site’s size or shape; • the function of the proposed structure, as when it’s changed from a parking garage to an office building, or from a light-industrial plant to a refrigerated warehouse; • the elevation, configuration, location, orientation, or weight of the proposed structure; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project changes – even minor ones – and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. This Report May Not Be ReliableDo not rely on this report if your geotechnical engineer prepared it: • for a different client; • for a different project; • for a different site (that may or may not include all or a portion of the original site); or • before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, that it could be unwise to rely on a geotechnical-engineering report whose reliability may have been affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If your geotechnical engineer has not indicated an “apply-by” date on the report, ask what it should be, and, in general, if you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying it. A minor amount of additional testing or analysis – if any is required at all – could prevent major problems. Most of the “Findings” Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site’s subsurface through various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing were performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgment to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ – maybe significantly – from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team from project start to project finish, so the individual can provide informed guidance quickly, whenever needed. This Report’s Recommendations Are Confirmation-DependentThe recommendations included in this report – including any options or alternatives – are confirmation-dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgment and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions revealed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation-dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be MisinterpretedOther design professionals’ misinterpretation of geotechnical-engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a full-time member of the design team, to: • confer with other design-team members, • help develop specifications, • review pertinent elements of other design professionals’ plans and specifications, and • be on hand quickly whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction observation. Give Constructors a Complete Report and GuidanceSome owners and design professionals mistakenly believe they can shift unanticipated-subsurface-conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you’ve included the material for informational purposes only. To avoid misunderstanding, you may also want to note that “informational purposes” means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report, but they may rely on the factual data relative to the specific times, locations, and depths/elevations referenced. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled “limitations,” many of these provisions indicate where geotechnical engineers’ responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study – e.g., a “phase-one” or “phase-two” environmental site assessment – differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical- engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk-management guidance. As a general rule, do not rely on an environmental report prepared for a different client, site, or project, or that is more than six months old. Obtain Professional Assistance to Deal with Moisture Infiltration and Mold While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, none of the engineer’s services were designed, conducted, or intended to prevent uncontrolled migration of moisture – including water vapor – from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material-performance deficiencies. Accordingly, proper implementation of the geotechnical engineer’s recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building-envelope or mold specialists on the design team. Geotechnical engineers are not building-envelope or mold specialists. Copyright 2016 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBA’s specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document or its wording as a complement to or as an element of a report of any kind. Any other firm, individual, or other entity that so uses this document without being a GBA member could be committing negligent Telephone: 301/565-2733 e-mail: info@geoprofessional.org www.geoprofessional.org Delivering Solutions Improving Lives 4.5” h × 8.5” w Contact your marketing representative or the ComDocs group (CDS@nv5.com) for image assistance. Appendix C State Revolving Fund (SRF) Requirements Appendix D U.S. Department of the Interior (US DOI) Requirements Requirements for Contractors – US DOI D-1  Appendix D Requirements for Contractors United States Department of the Interior Assistance Agreement Agreement No. R22AP00518 This project is eligible to receive funding from the North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN1. The requirements of the agreement must be passed onto any contractor or consultant who performs work on this project. If a contractor/consultant hires a subcontractor/consultant, this information must also be included in the subcontract. Consultants and Contractors must assist Carlsbad Municipal Water District in meeting all the requirements of the U.S. Department of the Interior Assistance Agreement, Agreement No. R22AP00518 for the North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN (Agreement). The following related appendices are provided to assist contractors and subcontractors comply with the requirements of the Agreement: D.1 – United States Department of the Interior Assistance Agreement, Agreement No. R22AP00518 In the paragraphs referenced below, the term “Recipient” refers to the Carlsbad Municipal Water District. The successful bidder will be required to comply with the requirements for the North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN for all work covered by this solicitation including, but not limited the following sections (the page numbers referenced below pertain to the Agreement): Page 16 of 55. Section 12. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE Page 24 of 55. 2 CFR §200.318 General procurement standards. Page 31 of 55. 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. Page 32 of 55. 2 CFR §200.322 Domestic preferences for procurements. Page 41 of 55. Section 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) Page 43 of 55. Section 15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18) Page 49 of 55. Section 20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) Page 55 of 55. III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS   1 Water Infrastructure Improvements for the Nation.  US DOI Assistance Agreement D.1-1  Appendix D.1 United States Department of the Interior Assistance Agreement Agreement No. R22AP00518 (Subject to the availability of funds and satisfactory progress of the project): a. DEDUCTION b. ADDITIONAL COSTS c. MATCHING d. OTHER RESEARCH (Add / Deduct Option) e. OTHER (See REMARKS) c. This award notice including terms and conditions, if any, noted below under REMARKS. d. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached - Yes No) d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION c. Less Cumulative Prior Award(s) This Budget Period a. d. b. e. c. f. 13. Total Federal Funds Awarded to Date for Project Period 14. RECOMMENDED FUTURE SUPPORT Salaries and Wages Fringe Benefits ……………….................$ TOTAL DIRECT COSTS INDIRECT COSTS TOTAL APPROVED BUDGET Federal Share Non-Federal Share a. b. c. d. e. f. g. h. i. j. k. l. FINANCIAL ACCT 17. VENDOR CODE AMT OF FIN ASST START DATE 18b. DUNS END DATE 19. CONG. DIST. TAS ACCT .…...….…..$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………….……..$ m. n. m) YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS ALL AMOUNTS ARE SHOWN IN USD II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods 11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES: 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation.b. The grant program regulations. 10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated Originating MCA # AUTHORIZATION (Legislation/Regulations) 4. GRANT NO. 5a.ACTION TYPE 6. PROJECT PERIOD 7. BUDGET PERIOD 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY 1. DATE ISSUED 2. CFDA NO. 3. ASSISTANCE TYPE 8. From Through From Through 4a. FAIN 5. TYPE OF AWARD except that any additions or restrictions previously imposed remain in effect unless specifically rescinded ……………….................$ Total Personnel Costs Equipment Supplies Travel Construction Other Contractual TITLE OF PROJECT (OR PROGRAM) LINE#PO LINE DESCRIPTION $ $ $ $ $ $$$ $ $ $ $ $ $ $ $ 18a. UEI P.L. 102-575, Title XI, Reclamation Projects Authorization and Adjustment Act; P.L. 105-372, Salton Sea Reclamation Act of 1998; P.L. 108-7, Energy and Water Development Appropriations Act, 2003; and P.L. 108-361. Draft as of 08/10/2022 07/01/2017 09/30/2024 07/01/2017 09/30/2024 North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN 0.00 0.00 0.00 0.00 0.00 0.00 24,300,000.00 0.00 24,300,000.00 0.00 24,300,000.00 18,300,000.00 6,000,000.00 0.00 0.00 2 3 4 b The cover page does not reflect the approved budget. See Section 7 for the total estimated project costs. II 15.504 - Title XVI Water Reclamation and Reuse John Carnegie 1966 OLIVENHAIN RD ENCINITAS, CA, 92024-5676 Phone: [NO PHONE RECORD] OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS, CA, 92024-5676 Kimberly Thorner 1966 OLIVENHAIN RD ENCINITAS, CA, 92024-5676 Phone: 760-753-6466 Mrs. Leslie Walker P.O. Box 61470 LCB-10101 Boulder City, NV, 89006 Phone: 702-293-8369 6,000,000.00 490725057950071344972 Project Grant 0.00 6,000,000.00 6 7 Leslie Walker, Grants Management Specialist P.O. Box 61470 LCB-10101 Boulder City, NV, 89006 Phone: 702-293-8369 GRANTS MANAGEMENT OFFICIAL: 5 6,000,000.00 R22AP00518-00 R22AP00518 New Other 1 0051019308-00010 $6,000,000.00 07/01/2017 09/30/2024 0680 Base agreement QDZMB1ZNZJL1 AWARD ATTACHMENTS OLIVENHAIN MUNICIPAL WATER DISTRICT R22AP00518-00 Agreement Template1. Page 1 of 55 Agreement Template (01/2021) UNITED STATES DEPARTMENT OF THE INTERIOR ASSISTANCE AGREEMENT Agreement No. R22AP00518 Between Bureau of Reclamation And Olivenhain Municipal Water District For North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN Agreement Template (01/2021) Page 2 of 55 TABLE OF CONTENTS I. OVERVIEW AND SCHEDULE ............................................................................................... 4 1. AUTHORITY ........................................................................................................................ 4 2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION ................................................... 6 3. BACKGROUND AND OBJECTIVES ................................................................................. 6 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY ....................................... 7 5. SCOPE OF WORK AND MILESTONES ............................................................................ 7 6. RESPONSIBILITY OF THE PARTIES ............................................................................... 8 7. BUDGET ............................................................................................................................... 9 8. KEY PERSONNEL ............................................................................................................. 12 9. LIMITATION OF AUTHORITIES .................................................................................... 12 10. REPORTING REQUIREMENTS AND DISTRIBUTION............................................... 13 11. REGULATORY COMPLIANCE ..................................................................................... 16 12. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE ................................. 16 II. RECLAMATION STANDARD TERMS AND CONDITIONS............................................ 20 1. REGULATIONS.................................................................................................................. 20 2. PAYMENT .......................................................................................................................... 20 3. PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) ............................... 24 4. EQUIPMENT (2 CFR 200.313) .......................................................................................... 35 5. SUPPLIES (2 CFR 200.314) ............................................................................................... 37 6. INSPECTION ...................................................................................................................... 37 7. AUDIT REQUIREMENTS (2 CFR 200.501) ..................................................................... 38 8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339) ................................................. 39 9. TERMINATION (2 CFR 200.340)...................................................................................... 39 10. DEBARMENT AND SUSPENSION (2 CFR 1400) ........................................................ 40 11. DRUG-FREE WORKPLACE (2 CFR 182 and 1401) ...................................................... 40 12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE ........ 40 13. COVENANT AGAINST CONTINGENT FEES .............................................................. 41 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) ................... 41 15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18).................................................... 43 16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.)................................................. 44 Agreement Template (01/2021) Page 3 of 55 17. SYSTEM FOR AWARD MANAGEMENT and Universal Identifier Requirements (2 CFR 25, Appendix A) ........................................................................................................ 45 18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING ............................................. 46 19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIX A) ................................................................................................................... 46 20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) ....................... 49 21. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200) .................................................. 49 22. CONFLICTS OF INTEREST ............................................................................................. 51 23. DATA AVAILABILITY .................................................................................................... 52 24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY ........................................ 53 25. ADDITIONAL ACCESS TO RECIPIENT RECORDS .................................................... 53 26. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ........................................................... 54 III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS .............................................................................................................................. 55 Agreement Template (01/2021) Page 4 of 55 Financial Assistance Agreement No. R22AP00518 Between Bureau of Reclamation And Olivenhain Municipal Water District For North San Diego Water Reuse Coalition Regional Recycled Water Program Title XVI WIIN I. OVERVIEW AND SCHEDULE 1. AUTHORITY This Financial Assistance Agreement (Agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation (Reclamation) and Olivenhain Municipal Water District (Recipient or non-Federal entity), pursuant to Title XVI of P.L. 102-575, as amended by Section 4009(c) of P.L. 114-322. The following section, provided in full text, authorizes Reclamation to award this Agreement: Title XVI of P.L. 102-575, as amended by Section 4009(c) of P.L. 114-322 “(c) AUTHORIZATION OF NEW WATER RECYCLING AND REUSE PROJECTS.—Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et. seq.) is amended by adding at the end the following new subsections: ‘‘(e) AUTHORIZATION OF NEW WATER RECYCLING AND REUSE PROJECTS.— ‘‘(1) SUBMISSION TO THE SECRETARY.— ‘‘(A) IN GENERAL.—Non-Federal interests may submit proposals for projects eligible to be authorized pursuant to this section in the form of completed feasibility studies to the Secretary. ‘‘(B) ELIGIBLE PROJECTS.—A project shall be considered eligible for consideration under this section if the project reclaims and reuses— ‘‘(i) municipal, industrial, domestic, or agricultural wastewater; or ‘‘(3) CRITERIA.—The project criteria referred to in paragraph (2) are the following: ‘‘(ii) impaired ground or surface waters. ‘‘(C) GUIDELINES.—Within 60 days of the enactment of this Act the Secretary shall issue guidelines for feasibility studies for water recycling and reuse projects to provide sufficient information for the formulation of the studies. ‘‘(2) REVIEW BY THE SECRETARY.—The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of— ‘‘(A) determining whether the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water recycling and reuse projects; and Agreement Template (01/2021) Page 5 of 55 ‘‘(B) the project is technically and financially feasible and provides a Federal benefit in accordance with the reclamation laws. ‘‘(3) SUBMISSION TO CONGRESS.—Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— ‘‘(A) the results of the Secretary’s review of the study under paragraph (2), including a determination of whether the project is feasible; ‘‘(B) any recommendations the Secretary may have concerning the plan or design of the project; and ‘‘(C) any conditions the Secretary may require for construction of the project. ‘‘(4) ELIGIBILITY FOR FUNDING.—The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for funding for the Federal share of the costs of planning, designing and constructing the project pursuant to subsection (f). ‘‘(f) COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING AND REUSE PROJECTS.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a competitive grant program under which the non-Federal project sponsor of any project determined by the Secretary to be feasible under subsection (e)(3)(A) shall be eligible to apply for funding for the planning, design, and construction of the project, subject to subsection (g)(2). ‘‘(2) PRIORITY.—When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the criteria listed in paragraph (3) and are located in an area that— ‘‘(A) has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought at any time in the 4-year period before such funds are made available; or ‘‘(B) was designated as a disaster area by a State during the 4-year period before such funds are made available. ‘‘(3) CRITERIA.—The project criteria referred to in paragraph (2) are the following: ‘‘(A) Projects that are likely to provide a more reliable water supply for States and local governments. ‘‘(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. ‘‘(C) Projects that are regional in nature. ‘‘(D) Projects with multiple stakeholders. ‘‘(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘ ‘(1) There is authorized to be appropriated to the Secretary of the Interior an additional $50,000,000 to remain available until expended. ‘‘(2) Projects can only receive funding if enacted appropriations legislation designates funding to them by name, after the Secretary recommends specific projects for funding Agreement Template (01/2021) Page 6 of 55 pursuant to subsection (f) and transmits such recommendations to the appropriate committees of Congress.’’. The feasibility study for the North San Diego Water Reuse Coalition Regional Recycled Water Program: 2020 Project (Project) was formally approved on May 9, 2017. The project was included on the list of eligible Title XVI WIIN projects transmitted to Congress on July 17, 2017. The application for funding for the Project was submitted by the Recipient in response to Notice of Funding Opportunity No. R21AS00429 and received one of the highest scores and was recommended for funding in a letter sent to Congress in July 2017. The Project was listed by name in Congressional appropriations. 2. PUBLIC PURPOSE OF SUPPORT OR STIMULATION The public purpose of the Title XVI WIIN Water Reclamation and Reuse projects are to improve water efficiency, provide flexibility during water shortages, and diversify the water supply for the general public. The North San Diego Water Reuse Coalition (Coalition) seeks funding for the Regional Recycled Water Program (Project). The Project is a regional recycled water project that includes interagency connections to increase the capacity and connectivity of the Coalition partners combined recycled water storage and distribution systems. The Project has been modeled as a sustainable supply strategy that will reduce reliance on imported water supplies. Benefits to the Coalition’s customers include offsets to potable supplies, increased water supply reliability, improved water quality, and reduced greenhouse gas emissions. 3. BACKGROUND AND OBJECTIVES The Title XVI WIIN Water Reclamation and Reuse projects objectives are to develop and supplement to local water agencies by providing funding for the planning, design, and construction of water reclamation and reuse facilities. The objectives for this Project are to construct new pump stations, tanks, and additional pipeline necessary to increase connectivity of the recycled water systems and delivery of recycled water supplies across northern San Diego County. The Project is estimated to deliver to mostly landscape and agricultural irrigation customers an additional 9,060 acre-feet per year (AFY), or 8% of the Coalition’s service area supply. Recipient’s full proposal dated April 23, 2021, North San Diego Water Reuse Coalition Regional Recycled Water Program: 2020 Project, submitted in response to the Notice of Funding Opportunity No. R21AS00429, WaterSMART: Title XVI WIIN Water Reclamation and Reuse Projects, is incorporated herein via reference. Agreement Template (01/2021) Page 7 of 55 4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY This Agreement becomes effective on the date shown in block 1 of the United States of America, Department of the Interior, Notice of Award (NOA). The Agreement shall remain in effect through the date shown in block 6 of the NOA. The project period for this Agreement may only be changed through written amendment of the Agreement by a Reclamation Grants Officer (GO). No legal liability on the part of the Government for any payment may arise until funds are made available, in writing, to the Recipient by a Reclamation GO. The total estimated project cost for this Agreement is $53,381,718.00 and the total estimated amount of federal funding is $6,100,000.00. The initial amount of federal funds available is limited to $6,000,000.00 as indicated by “Amount of Financial Assistance This Action” within block 12 of the NOA. Subject to the availability of Congressional appropriations, subsequent funds will be made available for payment through written amendments to this Agreement by a Reclamation GO. It is recognized and agreed that all costs incurred by Reclamation related to the development and administration of this Agreement are considered part of the total costs of the Project, and therefore the Recipient agrees to provide 75% of these costs in accordance with the authorization. These costs include, but are not limited to, salary, overhead, travel, and other costs directly or indirectly related to the Agreement, as determined by Reclamation. Following the completion of each quarter of the fiscal year, Reclamation shall provide the Recipient with a statement of Reclamation’s costs for the previous quarter. The Recipient may request explanations, or a review of the costs included in the statement; however, Reclamation’s determination as to the validity of the costs is final. The Recipient’s 75% cost-share of Reclamation’s costs will be deducted from payments processed by Reclamation under this Agreement. 5. SCOPE OF WORK AND MILESTONES This agreement covers the activities necessary for construction of the North San Diego Water Reuse Coalition Regional Recycled Water Program: 2020 Project. The North San Diego Water Reuse Coalition is a partnership of nine northern San Diego County water and wastewater agencies. The Project consists of the construction of new pump stations, tanks, and pipelines to increase connectivity and deliver recycled water supplies across northern San Diego County. The following tasks are to be performed by the Recipient for this agreement: Milestone / Task / Activity Planned Start Date Planned Completion Date 1. Carlsbad MWD a. Storage Tank a. April 2023 a. June 2024 Agreement Template (01/2021) Page 8 of 55 2. City of Oceanside a. Pipeline b. Storage Tank c. Pump Station a. April 2020 b. September 2022 c. September 2022 a. June 2024 b. September 2024 c. September 2024 3. Rincon Del Diablo MWD a. Pump Stations a. September 2022 a. September 2024 4. Olivenhain MWD a. Pipeline b. Service Laterals c. Flow Meter a. July 2017 b. July 2017 c. October 2022 a. July 2023 b. July 2023 b. December 2022 5. Leucadia WWD a. Pipeline a. August 2022 a. November 2022 6. San Elijo JPA a. Pipeline b. Service Laterals c. Storage Reservoir d. Pump Stations a. April 2021 b. January 2024 c. January 2024 d. April 2021 a. September 2024 b. September 2024 c. September 2024 d. September 2024 7. Vallecitos Water District a. Treatment a. March 2024 a. September 2024 6. RESPONSIBILITY OF THE PARTIES 6.1 Recipient Responsibilities 6.1.1 The Recipient shall carry out the Scope of Work (SOW) in accordance with the terms and conditions stated herein. The Recipient shall adhere to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the SOW contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. 6.1.2 Notice to Proceed. Construction costs shall not be considered reimbursable until the Recipient has received a formal Notice to Proceed from the GO upon completion of environmental compliance activities. See below Section I.11. Regulatory Compliance for more information. 6.1.3 Program Specific Reporting Requirements. The interim performance reports should include the following information: • A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the period. • The reasons why established milestones were not met, if applicable. • The status of milestones from the previous reporting period that were not met, if applicable. • Whether the Project is on schedule and within the original cost estimate. • Any additional pertinent information or issues related to the status of the Project. Agreement Template (01/2021) Page 9 of 55 • Photographs documenting the Project are also appreciated. Note: Reclamation may print photos with appropriate credit to the applicant. The final performance report is to encompass the entire period of performance, and must include, but is not limited to, the following information: • A brief description of the components of the Project and the work completed, including each element of the scope of work and the work completed at each stage of the Project. • The goals and objectives of the Project and whether each of these was met, the reasons why goals and objectives were not met (if appropriate), and any problems, delays encountered in completing the Project, and whether or not the Project was completed within cost. • Future tracking of Project benefits. • A description of how the Project demonstrates collaboration, stakeholder involvement or the formation of partnerships, if applicable. • Any other pertinent issues involving the Project. Please note that final reports are public documents and may be made available on Reclamation’s website. Reclamation may print photos with appropriate credit to the applicant. 6.2 Reclamation Responsibilities 6.2.1 Reclamation will monitor and provide Federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the SOW. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient’s request, Reclamation may also provide technical assistance to the Recipient in support of the SOW and objectives of this Agreement. 6.2.2. Post-Award Monitoring. Reclamation will perform monitoring activities, which may include annual site visits, either in person or by conference call, as appropriate. 7. BUDGET 7.1 Budget Estimate. The following is the estimated budget for this Agreement. As Federal financial assistance agreements are cost-reimbursable, the budget provided is for estimation purposes only. Final costs incurred under the budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must be in accordance with any pre-award clarifications conducted between the Recipient and Reclamation, as well as with the terms and conditions of this Agreement. Final determination of the allowability, allocability, or reasonableness of costs incurred under this Agreement is the responsibility of the GO. Recipients are encouraged to direct any questions regarding allowability, allocability or reasonableness of costs to the GO for review prior to incurrence of the costs in question. Agreement Template (01/2021) Page 10 of 55 Summary Category Total Cost Federal Estimated Amount Non-Federal Estimated Amount a. Personnel $19,808.00 b. Fringe Benefits $17,154.00 c. Travel $0 d. Equipment $0 e. Supplies $13,165.00 f. Contractual $0 g. Construction $52,557,833.00 h. Other Direct Costs $773,758.00 i. Total Direct Costs $53,381,718.00 i. Indirect Charges $0 Total Costs $53,381,718.00 $6,100,000.00 $47,281,718.00 Cost Share Percentage 11.43% 88.57% 7.2 Cost Sharing Requirement At least 75% non-Federal cost-share is required for costs incurred under this Agreement. Based on the budget estimate reflected in Section 7.1 above, the estimated Federal share of allowable costs is 11.43% ($6,100,000.00) and the Recipient’s estimated non-Federal cost share is 88.57% ($47,281,718.00). If pre-award costs are authorized, reimbursement of these costs is limited to federal cost-share percentage identified in this Agreement. The Federal share of allowable costs shall not be expended in advance of the Recipient's non- Federal share. It is expected that expenditure of Federal and non-Federal funds based upon the estimated cost share percentages shall occur concurrently. At the end of the period of performance, if the final costs are lower than the original estimate and the 75% non-Federal cost share is met, the final payment and financial report can reflect a lower Recipient cost share than the original budget estimate. 7.3 Pre-Award Incurrence of Costs The Recipient shall be entitled to reimbursement for costs incurred on or after July 1, 2017, which if had been incurred after this Agreement was entered into, would have been allowable, allocable, and reasonable under the terms and conditions of this Agreement. 7.4 Allowable Costs Costs incurred for the performance of this Agreement must be allowable, allocable to the project, and reasonable. The following regulations, codified within the Code of Federal Regulations (CFR), governs the allowability of costs for Federal financial assistance: 2 CFR 200 Subpart E, “Cost Principles” Agreement Template (01/2021) Page 11 of 55 Expenditures for the performance of this Agreement must conform to the requirements within this CFR. The Recipient must maintain sufficient documentation to support these expenditures. Questions on the allowability of costs should be directed to the GO responsible for this Agreement. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the Agreement. The only costs which are authorized for a period of up to 120 days following the project period are those strictly associated with closeout activities for preparation of the final reports. 7.5 Revision of Budget and Program Plans In accordance with 2 CFR 200.308(h) the recipient must request prior written approval for any of the following changes: (a) A change in the approved scope of work or associated tasks, even if there is no associated budget revisions. (b) Revisions which require additional Federal funds to complete the project. (c) Revisions which involve specific costs for which prior written approval requirements may be imposed consistent with OMB cost principles listed in 2 CFR 200 Subpart E “Cost Principles”. 7.6 Amendments Any changes to this Agreement shall be made by means of a written amendment. Reclamation may make changes to the Agreement by means of a unilateral amendment to address changes in address, no-cost time extensions, changes to Key Personnel, the addition of previously agreed upon funding, or administrative corrections which do not impact the terms and conditions of this agreement. Additionally, a unilateral amendment may be utilized by Reclamation if it should become necessary to suspend or terminate the Agreement in accordance with 2 CFR 200.340. All other changes shall be made by means of a bilateral amendment to the Agreement. No oral statement made by any person, or written statement by any person other than the GO, shall be allowed in any manner or degree to amend, modify or otherwise effect the terms of the Agreement. All requests for amendment of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GO. Any request for project period extension shall be made at least 45 days prior to the end of the project period of the Agreement or the project period date of any extension that may have been previously granted. Any determination to extend the project period or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. Agreement Template (01/2021) Page 12 of 55 8. KEY PERSONNEL 8.1 Recipient’s Key Personnel. The Recipient's Project Manager for this Agreement shall be: John Carnegie Customer Services Manager 1966 Olivenhain Road Encinitas, CA 92024-5676 760-753-6466 jcarnegie@olivenhain.com Additional key personnel for this Agreement are identified as follows: Joey Randall Assistant Manager 1966 Olivenhain Road Encinitas, CA 92024-5676 760-632-4232 jrandall@olivenhain.com 9. LIMITATION OF AUTHORITIES 9.1 Grants Officer (GO). The Reclamation GO is the only official with legal delegated authority to represent Reclamation. The Reclamation GO’s responsibilities include, but are not limited to, the following: (a) Formally obligate Reclamation to expend funds or change the funding level of the Agreement; (b) Approve through formal amendment changes in the scope of work and/or budget; (c) Approve through formal amendment any increase or decrease in the period of performance of the Agreement; (d) Approve through formal amendment changes in any of the expressed terms, conditions, or specifications of the Agreement; (e) Be responsible for the overall administration, management, and other non-programmatic aspects of the Agreement including, but not limited to, interpretation of financial assistance statutes, regulations, circulars, policies, and terms of the Agreement; Where applicable, ensures that Reclamation complies with the administrative requirements required by statutes, regulations, circulars, policies, and terms of the Agreement. Agreement Template (01/2021) Page 13 of 55 9.2 Grants Management Specialist (GMS). The Reclamation Grants Management Specialist (GMS) is the primary administrative point of contact for this agreement and should be contacted regarding issues related to the day-to-day management of the agreement. Requests for approval regarding the terms and conditions of the agreement, including but not limited to amendments and prior approval, may only be granted, in writing, by a Reclamation GO. Please note that for some agreements, the Reclamation GO and the Reclamation GMS may be the same individual. 10. REPORTING REQUIREMENTS AND DISTRIBUTION 10.1 Noncompliance. Failure to comply with the reporting requirements contained in this Agreement may be considered a material noncompliance with the terms and conditions of the award. Noncompliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 2 CFR 200.340. 10.2 Financial Reports. Federal Financial Reports shall be submitted by means of the SF-425 and shall be submitted according to the Report Frequency and Distribution schedule below. All financial reports shall be signed by an Authorized Certifying Official for the Recipient’s organization. 10.3 Monitoring and Reporting Program Performance. (a) Monitoring by the non-Federal entity. The non-Federal entity is responsible for oversight of the operations of the Federal award supported activities. The non-Federal entity must monitor its activities under Federal awards to assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the non- Federal entity must cover each program, function or activity. See also 2 CFR 200.332 Requirements for pass-through entities. (b) Non-construction performance reports. The Federal awarding agency must use standard, OMB-approved data elements for collection of performance information (including performance progress reports, Research Performance Progress Report, or such future collections as may be approved by OMB and listed on the OMB Web site). (1) The non-Federal entity must submit performance reports at the interval required by the Federal awarding agency or pass-through entity to best inform improvements in program outcomes and productivity. Intervals must be no less frequent than annually nor more frequent than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. Annual reports must be due 90 calendar days after the reporting period; quarterly or semiannual reports must be due 30 calendar days after the reporting period. Alternatively, the Federal awarding Agreement Template (01/2021) Page 14 of 55 agency or pass-through entity may require annual reports before the anniversary dates of multiple year Federal awards. The final performance report will be due 120 calendar days after the period of performance end date. If a justified request is submitted by a non-Federal entity, the Federal agency may extend the due date for any performance report. (2) The non-Federal entity must submit performance reports using OMB-approved governmentwide standard information collections when providing performance information. As appropriate in accordance with above mentioned information collections, these reports will contain, for each Federal award, brief information on the following unless other collections are approved by OMB: (i) A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement. (ii) The reasons why established goals were not met, if appropriate. (iii) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. (c) Construction performance reports. For the most part, onsite technical inspections and certified percentage of completion data are relied on heavily by Federal awarding agencies and pass-through entities to monitor progress under Federal awards and subawards for construction. The Federal awarding agency may require additional performance reports only when considered necessary. (d) Significant developments. Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, the non-Federal entity must inform the Federal awarding agency or pass-through entity as soon as the following types of conditions become known: (1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. Agreement Template (01/2021) Page 15 of 55 Reclamation requires Performance reporting for all financial assistance awards, both Construction and non-Construction. Performance reports for Construction agreements shall meet the same minimum requirements outlined in paragraph (b)(2) above. 10.4 Report Frequency and Distribution. The following table sets forth the reporting requirements for this Agreement. Please note the first report due date listed for each type of report. Required Reports Interim Reports Final Report Performance Report Format No specific format required. See content requirements within Section 10.3 and any program specific reporting requirements identified in Section 6.1 of this Agreement. Summary of activities completed during the entire period of performance is required. See content requirements within Section 10.3 and any program specific reporting requirements identified in Section 6.1 of this Agreement. Reporting Frequency Semi-Annual Final Report due within 120 days after the end of the period of performance. Reporting Period October 1 through March 31 and April 1 through September 30. Entire period of performance Due Date Within 30 days after the end of the Reporting Period. Final Report due within 120 days after the end of the period of performance or completion of the project. First Report Due Date The first performance report is due for reporting period ending March 31, 2023. N/A Submit to: Grants Officer at LCFA@usbr.gov Or GrantSolutions Grants Officer at LCFA@usbr.gov Or GrantSolutions Federal Financial Report Format SF-425 (all sections must be completed) SF-425(all sections must be completed) Reporting Frequency Semi-Annual Final Report due within 120 days after the end of the period of performance or completion of the project. Reporting Period October 1 through March 31 and April 1 through September 30. Entire period of performance Due Date Within 30 days after the end of the Reporting Period. Final Report due within 120 days after the end of the period of performance or completion of project. Agreement Template (01/2021) Page 16 of 55 First Report Due Date The first Federal financial report is due for reporting period ending March 31, 2023. N/A Submit to: Grants Officer at LCFA@usbr.gov Or GrantSolutions Grants Officer at LCFA@usbr.gov Or GrantSolutions 11. REGULATORY COMPLIANCE The Recipient agrees to comply or assist Reclamation with all regulatory compliance requirements and all applicable state, Federal, and local environmental and cultural and paleontological resource protection laws and regulations as applicable to this project. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins project activities that require environmental or other regulatory compliance approval prior to receipt of written notice from a Reclamation GO that all such clearances have been obtained, then Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR 200.340 up to and including unilateral termination of this agreement. 12. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of Agreement Template (01/2021) Page 17 of 55 domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/. Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Agreement Template (01/2021) Page 18 of 55 Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1. Type of waiver requested (non-availability, unreasonable cost, or public interest). 2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3. Department of Interior Bureau or Office who issued the award. 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) 5. Financial assistance title of project (reference block 8 on DOI Notice of Award). 6. Federal Award Identification Number (FAIN). 7. Federal funding amount (reference block 11.m. on DO Notice of Award). 8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 9. Infrastructure project description(s) and location(s) (to the extent known). 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. Agreement Template (01/2021) Page 19 of 55 “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States Agreement Template (01/2021) Page 20 of 55 II. RECLAMATION STANDARD TERMS AND CONDITIONS 1. REGULATIONS The regulations at 2 CFR Subtitle A, Chapter II, Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, are hereby incorporated by reference as though set forth in full text. Failure of a Recipient to comply with any applicable regulation or circular may be the basis for withholding payments for proper charges made by the Recipient and/or for termination of support. 2. PAYMENT 2.1 Payment (2 CFR 200.305). (a) For states, payments are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR part 205 and Treasury Financial Manual (TFM) 4A-2000, “Overall Disbursing Rules for All Federal Agencies”. (b) For non-Federal entities other than states, payments methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass-through entity and the disbursement by the non-Federal entity whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means. See also §200.302(b)(6). Except as noted elsewhere in this part, Federal agencies must require recipients to use only OMB-approved, governmentwide information collection requests to request payment. (1) The non-Federal entity must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the non-Federal entity, and financial management systems that meet the standards for fund control and accountability as established in this part. Advance payments to a non-Federal entity must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the non-Federal entity in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-Federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The non-Federal entity must make timely payment to contractors in accordance with the contract provisions. (2) Whenever possible, advance payments must be consolidated to cover anticipated cash needs for all Federal awards made by the Federal awarding agency to the recipient. (i) Advance payment mechanisms include, but are not limited to, Treasury check and electronic funds transfer and must comply with applicable guidance in 31 CFR part 208. Agreement Template (01/2021) Page 21 of 55 (ii) Non-Federal entities must be authorized to submit requests for advance payments and reimbursements at least monthly when electronic fund transfers are not used, and as often as they like when electronic transfers are used, in accordance with the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r). (3) Reimbursement is the preferred method when the requirements in this paragraph (b) cannot be met, when the Federal awarding agency sets a specific condition per §200.208, or when the non-Federal entity requests payment by reimbursement. This method may be used on any Federal award for construction, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal award constitutes a minor portion of the project. When the reimbursement method is used, the Federal awarding agency or pass-through entity must make payment within 30 calendar days after receipt of the billing, unless the Federal awarding agency or pass-through entity reasonably believes the request to be improper. (4) If the non-Federal entity cannot meet the criteria for advance payments and the Federal awarding agency or pass-through entity has determined that reimbursement is not feasible because the non-Federal entity lacks sufficient working capital, the Federal awarding agency or pass-through entity may provide cash on a working capital advance basis. Under this procedure, the Federal awarding agency or pass-through entity must advance cash payments to the non-Federal entity to cover its estimated disbursement needs for an initial period generally geared to the non-Federal entity's disbursing cycle. Thereafter, the Federal awarding agency or pass-through entity must reimburse the non-Federal entity for its actual cash disbursements. Use of the working capital advance method of payment requires that the pass-through entity provide timely advance payments to any subrecipients in order to meet the subrecipient's actual cash disbursements. The working capital advance method of payment must not be used by the pass-through entity if the reason for using this method is the unwillingness or inability of the pass-through entity to provide timely advance payments to the subrecipient to meet the subrecipient's actual cash disbursements. (5) To the extent available, the non-Federal entity must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. (6) Unless otherwise required by Federal statutes, payments for allowable costs by non- Federal entities must not be withheld at any time during the period of performance unless the conditions of §200.208, subpart D of this part, including §200.339, or one or more of the following applies: (i) The non-Federal entity has failed to comply with the project objectives, Federal statutes, regulations, or the terms and conditions of the Federal award. (ii) The non-Federal entity is delinquent in a debt to the United States as defined in OMB Circular A-129, “Policies for Federal Credit Programs and Non-Tax Receivables.” Under such conditions, the Federal awarding agency or pass- Agreement Template (01/2021) Page 22 of 55 through entity may, upon reasonable notice, inform the non-Federal entity that payments must not be made for financial obligations incurred after a specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated. (iii) A payment withheld for failure to comply with Federal award conditions, but without suspension of the Federal award, must be released to the non-Federal entity upon subsequent compliance. When a Federal award is suspended, payment adjustments will be made in accordance with §200.343. (iv) A payment must not be made to a non-Federal entity for amounts that are withheld by the non-Federal entity from payment to contractors to assure satisfactory completion of work. A payment must be made when the non-Federal entity actually disburses the withheld funds to the contractors or to escrow accounts established to assure satisfactory completion of work. (7) Standards governing the use of banks and other institutions as depositories of advance payments under Federal awards are as follows. (i) The Federal awarding agency and pass-through entity must not require separate depository accounts for funds provided to a non-Federal entity or establish any eligibility requirements for depositories for funds provided to the non-Federal entity. However, the non-Federal entity must be able to account for funds received, obligated, and expended. (ii) Advance payments of Federal funds must be deposited and maintained in insured accounts whenever possible. (8) The non-Federal entity must maintain advance payments of Federal awards in interest- bearing accounts, unless the following apply: (i) The non-Federal entity receives less than $250,000 in Federal awards per year. (ii) The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances. (iii) The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources. (iv) A foreign government or banking system prohibits or precludes interest-bearing accounts. (9) Interest earned amounts up to $500 per year may be retained by the non-Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest-bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (PMS) through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For returning interest on Federal awards paid through PMS, the refund should: (A) Provide an explanation stating that the refund is for interest; Agreement Template (01/2021) Page 23 of 55 (B) List the PMS Payee Account Number(s) (PANs); (C) List the Federal award number(s) for which the interest was earned; and (D) Make returns payable to: Department of Health and Human Services. (ii) For returning interest on Federal awards not paid through PMS, the refund should: (A) Provide an explanation stating that the refund is for interest; (B) Include the name of the awarding agency; (C) List the Federal award number(s) for which the interest was earned; and (D) Make returns payable to: Department of Health and Human Services. (10) Funds, principal, and excess cash returns must be directed to the original Federal agency payment system. The non-Federal entity should review instructions from the original Federal agency payment system. Returns should include the following information: (i) Payee Account Number (PAN), if the payment originated from PMS, or Agency information to indicate whom to credit the funding if the payment originated from ASAP, NSF, or another Federal agency payment system. (ii) PMS document number and subaccount(s), if the payment originated from PMS, or relevant account numbers if the payment originated from another Federal agency payment system. (iii) The reason for the return (e.g., excess cash, funds not spent, interest, part interest part other, etc.) (11) When returning funds or interest to PMS you must include the following as applicable: (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns¹: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY ¹Please note that the organization initiating payment is likely to incur a charge from their Financial Institution for this type of payment. (iii) For International ACH Returns: Beneficiary Account: Federal Reserve Bank of New York/ITS (FRBNY/ITS) Bank: Citibank N.A. (New York) Swift Code: CITIUS33 Account Number: 36838868 Bank Address: 388 Greenwich Street, New York, NY 10013 USA Payment Details (Line 70): Agency Locator Code (ALC): 75010501 Agreement Template (01/2021) Page 24 of 55 Name (abbreviated when possible) and ALC Agency POC (iv) For recipients that do not have electronic remittance capability, please make check² payable to: “The Department of Health and Human Services.” Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 ²Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account. (v) Questions can be directed to PMS at 877-614-5533 or PMSSupport@psc.hhs.gov. 2.2 Payment Method. Recipients must utilize the Department of Treasury Automated Standard Application for Payments (ASAP) payment system to request advance or reimbursement payments. ASAP is a Recipient-initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. ASAP is the only allowable method for request and receipt of payment. Recipient procedures must minimize the time elapsing between the drawdown of Federal funds and the disbursement for agreement purposes. In accordance with 2 CFR 25.200(b)(2) the Recipient shall “Maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. If the Recipient allows their SAM registration to lapse, the Recipient’s accounts within ASAP will be automatically suspended by Reclamation until such time as the Recipient renews their SAM registration. 3. PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) §200.317 Procurements by States. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds. The State will comply with §§200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by §200.327. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in §§200.318 through 200.327. §200.318 General procurement standards. (a) The non-Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. Agreement Template (01/2021) Page 25 of 55 (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (c) (1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. (2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e) To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. Agreement Template (01/2021) Page 26 of 55 (g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.212 Suspension and debarment. (i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j) (1) The non-Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of:(i) The actual cost of materials; and (ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2) Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k) The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. §200.319 Competition. (a) All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. Agreement Template (01/2021) Page 27 of 55 (b) In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (c) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (d) The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. Agreement Template (01/2021) Page 28 of 55 (e) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. (f) Noncompetitive procurements can only be awarded in accordance with §200.320(c). §200.320 Methods of procurement to be followed. The non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: (1) Micro-purchases—(i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. (ii) Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (iii) Micro-purchase thresholds. The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non-Federal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. (iv) Non-Federal entity increase to the micro-purchase threshold up to $50,000. Non- Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this Agreement Template (01/2021) Page 29 of 55 section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self- certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (A) A qualification as a low-risk auditee, in accordance with the criteria in §200.520 for the most recent audit; (B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C) For public institutions, a higher threshold consistent with State law. (v) Non-Federal entity increase to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-federal entity must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. (2) Small purchases—(i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (ii) Simplified acquisition thresholds. The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b) Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: Agreement Template (01/2021) Page 30 of 55 (1) Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders are willing and able to compete effectively for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (A) Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (B) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (C) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (D) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids may be rejected if there is a sound documented reason. (2) Proposals. A procurement method in which either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; Agreement Template (01/2021) Page 31 of 55 (ii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered; and (iv) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section); (2) The item is available only from a single source; (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate. §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Agreement Template (01/2021) Page 32 of 55 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. §200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. §200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Agreement Template (01/2021) Page 33 of 55 §200.324 Contract cost and price. (a) The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract amendments. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.325 Federal awarding agency or pass-through entity review. (a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; Agreement Template (01/2021) Page 34 of 55 (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract amendment changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; (2) The non-Federal entity may self-certify its procurement system. Such self- certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Agreement Template (01/2021) Page 35 of 55 §200.327 Contract provisions. The non-Federal entity's contracts must contain the applicable provisions described in appendix II to this part. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014, and 85 FR 49506] 4. EQUIPMENT (2 CFR 200.313) See also 200.439 Equipment and other capital expenditures. (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity. Unless a statute specifically authorizes the Federal agency to vest title in the non-Federal entity without further obligation to the Federal Government, and the Federal agency elects to do so, the title must be a conditional title. Title must vest in the non-Federal entity subject to the following conditions: (1) Use the equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. (2) Not encumber the property without approval of the Federal awarding agency or pass- through entity. (3) Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this section. (b) A state must use, manage and dispose of equipment acquired under a Federal award by the state in accordance with state laws and procedures. Other non-Federal entities must follow paragraphs (c) through (e) of this section. (c) Use. (1) Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the non-Federal entity must not encumber the property without prior approval of the Federal awarding agency. When no longer needed for the original program or project, the equipment may be used in other activities supported by the Federal awarding agency, in the following order of priority: (i) Activities under a Federal award from the Federal awarding agency which funded the original program or project, then (ii) Activities under Federal awards from other Federal awarding agencies. This includes consolidated equipment for information technology systems. (2) During the time that equipment is used on the project or program for which it was acquired, the non-Federal entity must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for Agreement Template (01/2021) Page 36 of 55 which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non-federally-funded programs or projects is also permissible. User fees should be considered if appropriate. (3) Notwithstanding the encouragement in 200.307 Program income to earn program income, the non-Federal entity must not use equipment acquired with the Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. (4) When acquiring replacement equipment, the non-Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property. (d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e) Disposition. When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: (1) Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. Agreement Template (01/2021) Page 37 of 55 (2) Except as provided in 200.312 Federally-owned and exempt property, paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair-market value in excess of $5,000 may be retained by the non-Federal entity or sold. The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. (3) The non-Federal entity may transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the non-Federal entity must be entitled to compensation for its attributable percentage of the current fair market value of the property. (4) In cases where a non-Federal entity fails to take appropriate disposition actions, the Federal awarding agency may direct the non-Federal entity to take disposition actions. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75884, Dec. 19, 2014] 5. SUPPLIES (2 CFR 200.314) See also 200.453 Materials and supplies costs, including costs of computing devices. (a) Title to supplies will vest in the non-Federal entity upon acquisition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other Federal award, the non-Federal entity must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment. See 200.313 Equipment, paragraph (e)(2) for the calculation methodology. (b) As long as the Federal Government retains an interest in the supplies, the non-Federal entity must not use supplies acquired under a Federal award to provide services to other organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute. 6. INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the Recipient or a sub-Recipient, the Recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. Agreement Template (01/2021) Page 38 of 55 7. AUDIT REQUIREMENTS (2 CFR 200.501) (a) Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with 200.514 Scope of audit except when it elects to have a program-specific audit conducted in accordance with paragraph (c) of this section. (c) Program-specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with 200.507 Program-specific audits. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass- through entity in the case of a subrecipient, approves in advance a program-specific audit. (d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section 200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. Agreement Template (01/2021) Page 39 of 55 (h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass- through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post- award audits. See also 200.332 Requirements for pass-through entities. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014; 85 FR 49571, Aug. 13, 2020] 8. REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339) 200.339 Remedies for noncompliance. If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or pass-through entity may impose additional conditions, as described in 200.207 Specific conditions. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass-through entity may take one or more of the following actions, as appropriate in the circumstances. (a) Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity. (b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency). (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. 9. TERMINATION (2 CFR 200.340) (a) The Federal award may be terminated in whole or in part as follows: (1) By the Federal awarding agency or pass-through entity, if a non-Federal entity fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or pass-through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; (3) By the Federal awarding agency or pass-through entity with the consent of the non- Federal entity, in which case the two parties must agree upon the termination conditions, Agreement Template (01/2021) Page 40 of 55 including the effective date and, in the case of partial termination, the portion to be terminated; (4) By the non-Federal entity upon sending to the Federal awarding agency or pass- through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or pass-through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or pass-through entity may terminate the Federal award in its entirety; or (5) By the Federal awarding agency or pass-through entity pursuant to termination provisions included in the Federal award. (b) When a Federal award is terminated or partially terminated, both the Federal awarding agency or pass-through entity and the non-Federal entity remain responsible for compliance with the requirements in 200.344 Closeout and 200.345 Post-closeout adjustments and continuing responsibilities. 10. DEBARMENT AND SUSPENSION (2 CFR 1400) The Department of the Interior regulations at 2 CFR 1400—Governmentwide Debarment and Suspension (Nonprocurement), which adopt the common rule for the governmentwide system of debarment and suspension for nonprocurement activities, are hereby incorporated by reference and made a part of this Agreement. By entering into this grant or cooperative Agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 1400, Subpart C, and agrees to include a similar term or condition in all lower-tier covered transactions. These regulations are available at http://www.gpoaccess.gov/ecfr/. 11. DRUG-FREE WORKPLACE (2 CFR 182 and 1401) The Department of the Interior regulations at 2 CFR 1401—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq, as amended) applicable to grants and cooperative agreements, are hereby incorporated by reference and made a part of this agreement. By entering into this grant or cooperative agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 182. 12. ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the Recipient in connection with this Agreement shall apply with full force and effect to this Agreement. All anti-discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, and cooperative Agreements, loans, and other forms of Federal assistance. The Recipient shall comply with Title VI or the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Agreement Template (01/2021) Page 41 of 55 Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program-specific statutes with anti-discrimination requirements. The Recipient shall comply with civil rights laws including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act. Such Assurances also include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and regulations and work place safety standards; Federal environmental laws and regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and archeological preservation. 13. COVENANT AGAINST CONTINGENT FEES The Recipient warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the Recipient for the purpose of securing Agreements or business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) Trafficking in persons. (a) Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. (b) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — (1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: (i) Associated with performance under this award; or Agreement Template (01/2021) Page 42 of 55 (ii) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 1400. (c) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— (1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: (i) Associated with performance under this award; or (ii) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR part 1400. (d) Provisions applicable to any recipient. (1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. (2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (ii) Is in addition to all other remedies for noncompliance that are available to us under this award. (3) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. (e) Definitions. For purposes of this award term: (1) “Employee” means either: (i) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (ii) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. (2) “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, Agreement Template (01/2021) Page 43 of 55 through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) “Private entity”: (i) Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. Includes: (A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (B) A for-profit organization. (4) “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18) The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the following certification: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or amendment of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions. (c) The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Agreement Template (01/2021) Page 44 of 55 16. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) (a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended, requires certain assurances for Reclamation funded land acquisition projects conducted by a Recipient that cause the displacement of persons, businesses, or farm operations. Because Reclamation funds only support acquisition of property or interests in property from willing sellers, it is not anticipated that Reclamation funds will result in any “displaced persons,” as defined under the URA. (b) However, if Reclamation funds are used for the acquisition of real property that results in displacement, the URA requires Recipients to ensure that reasonable relocation payments and other remedies will be provided to any displaced person. Further, when acquiring real property, Recipients must be guided, to the greatest extent practicable, by the land acquisition policies in 42 U.S.C. 4651. (c) Exemptions to the URA and 49 CFR Part 24 (1) The URA provides for an exemption to the appraisal, review and certification rules for those land acquisitions classified as “voluntary transactions.” Such “voluntary transactions” are classified as those that do not involve an exercise of eminent domain authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR 24.101(b)(1)(i)-(iv). (2) For any land acquisition undertaken by a Recipient that receives Reclamation funds, but does not have authority to acquire the real property by eminent domain, to be exempt from the requirements of 49 CFR Part 24 the Recipient must: (i) provide written notification to the owner that it will not acquire the property in the event negotiations fail to result in an amicable agreement, and; (ii) inform the owner in writing of what it believes to be the market value of the property (d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land appraisal whether or not such review is required under the URA or 49 CFR 24.104. Such reviews may be conducted by the Department of the Interior’s Appraisal Services Directorate or a Reclamation authorized designee. When Reclamation determines that a review of the original appraisal is necessary, Reclamation will notify the Recipient and provide an estimated completion date of the initial appraisal review. Agreement Template (01/2021) Page 45 of 55 17. SYSTEM FOR AWARD MANAGEMENT and Universal Identifier Requirements (2 CFR 25, Appendix A) A. Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term. B. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. C. Definitions For purposes of this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. Agreement Template (01/2021) Page 46 of 55 4. Subaward has the meaning given in 2 CFR 200.1. 5. Subrecipient has the meaning given in 2 CFR 200.1. 18. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009 (ref: http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, government- owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 19. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIX A) I. Reporting Subawards and Executive Compensation. a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received— Agreement Template (01/2021) Page 47 of 55 (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. Agreement Template (01/2021) Page 48 of 55 ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non-Federal entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non-Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. Agreement Template (01/2021) Page 49 of 55 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). [85 FR 49526, Aug. 13, 2020] 20. RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239). (b) The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C 4712. (c) The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold. 48 CFR 52.203-17 (as referenced in 48 CFR 3.908-9). 21. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200) 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: Agreement Template (01/2021) Page 50 of 55 (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. Agreement Template (01/2021) Page 51 of 55 b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. [80 FR 43310, July 22, 2015, as amended at 85 FR 49582, Aug. 13, 2020] 22. CONFLICTS OF INTEREST (a) Applicability. (1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. (2) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. (b) Requirements. (1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. (2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c) Notification. (1) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts of Interest. Agreement Template (01/2021) Page 52 of 55 (2) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. (d) Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 4 3 CFR Part 18 and 31 USC 13 52. (e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. (f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 23. DATA AVAILABILITY (a) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions. (b) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (c) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following: (i) The scientific data relied upon; (ii) The analysis relied upon; and (iii) The methodology, including models, used to gather and analyze data. Agreement Template (01/2021) Page 53 of 55 24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (a) The recipient must— (1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and; (2) Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract. (b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. (c) The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 25. ADDITIONAL ACCESS TO RECIPIENT RECORDS (a) In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations. (b) The substance of this clause, including this paragraph (b), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. Agreement Template (01/2021) Page 54 of 55 26. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Federal award recipients are prohibited from using government funds to enter contracts (or extend or renew contracts) with entities that use covered telecommunications equipment or services as described in section 889 of the 2019 National Defense Authorization Act. This prohibition applies even if the contract is not intended to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services. Agreement Template (01/2021) Page 55 of 55 III. DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS The Department of the Interior (DOI) Standard Award Terms and Conditions found at https://www.doi.gov/sites/doi.gov/files/uploads/doi-standard-award-terms-and-conditions- effective-december-2-2019-revised-june-19-2020.pdf are hereby incorporated by reference as though set forth in full text. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on this Agreement. Recipient acceptance of this Agreement carries with it the responsibility to be aware of and comply with all DOI terms and conditions applicable to this Agreement. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements. Recipient and subrecipient failure to comply with the general terms and conditions outlined below and those directly reflected in this Agreement can result in the DOI taking one or more of remedies described in 2 Code of Federal Regulations parts 200.338 and 200.339. The DOI will notify the recipient whenever terms and conditions are updated to accommodate instances in the passage of a regulation or statute that requires compliance. Also, DOI will inform the Recipient of revised terms and conditions in the action of an Agreement amendment adding additional Federal funds. Reclamation will make such changes by issuing a Notice of Award amendment that describes the change and provides the effective date. Revised terms and conditions do not apply to the Recipient’s expenditures of funds or activities the Recipient carries out before the effective date of the revised DOI terms and conditions. Appendix E Soil Management Report Soil Analyses Plant Analyses Water Analyses WALLACE LABORATORIES, LLC 365 Coral Circle El Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 May 14, 2021 Mike Smyth, Mike.Smyth@nv5.com NV5, Inc. 105092 Avenue of Science, Suite 200 San Diego, CA 92128 RE: Soil Management Report D-4 Recycled Water Tank / City of Carlsbad Two samples received May 12, 2021 Dear Mike, Site 1, 6" Below Grade - The pH is slightly alkaline at 7.18. The salinity is modest at 0.55 millimho/cm. Nitrogen and boron are modest. Sulfur is low. Phosphorus, potassium, iron, manganese, zinc, copper and magnesium are high. The concentrations of common non-essential heavy metals are low. Available sodium is modest. SAR (sodium adsorption ratio) is 2.1. The texture is sandy loam. Based on the non-gravel fraction, it contains 73.8% sand, 15.4% silt and 10.8% clay. The gravel content is 0.9%. Soil organic matter is 2.38% on a dry weight basis. The carbon:nitrogen ratio is 7.0. The estimated rate of water percolation based on Soil Water Characteristics version 6.02.74 model developed by Keith Saxton of the USDA is moderate at 2.03 inches per hour for normal soil compaction. The model is based on the soil texture, percent gravel and percent soil organic matter. Site 2, 6" Below Grade - The pH is moderately highly alkaline at 7.95. The salinity is modest at 0.78 millimho/cm. Nitrogen, boron and sulfur are low. Phosphorus, potassium, manganese, zinc, copper and magnesium are high. Iron is moderate. The concentrations of non-essential heavy metals are low. Available sodium is moderate. SAR is 2.8. The texture is sandy loam. Based on the non-gravel fraction, it contains 70.5% sand, 13.5% silt and 16.1% clay. The gravel content is 4.4%. Soil organic matter is modest at 1.54% on a dry weight basis. The carbon:nitrogen ratio is 6.3. Continuation, May 14, 2021, page 2 Soil Analyses Plant Analyses Water Analyses The estimated rate of water percolation is moderate at 1.08 inches per hour for normal soil compaction. Recommendations The plant palette is expected to be suitable for properly amended soil. Many California native plants do not tolerate overly wet soil. Balance soil moisture with soil aeration. General soil preparation on a square foot basis. Broadcast the following uniformly; rates are per 1,000 square feet for a 6-inch lift. Incorporate them homogeneously 6" deep. Ammonium sulfate (21-0-0) – 5 pounds for both Agricultural gypsum - 20 pounds for both Organic soil amendment - about 4 cubic yards, sufficient for 3% to 5% soil organic matter on a dry weight basis For the preparation on a volume basis, homogeneously blend the following materials into the soil. Rates are expressed per cubic yard: Ammonium sulfate (21-0-0) – 1/4 pound for both Agricultural gypsum – 1 pound for both Organic soil amendment - about 20% by volume, sufficient for 3% to 5% soil organic matter on a dry weight basis Organic soil amendment: 1. Humus material shall have an acid-soluble ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25° C. on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid-insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge-based materials are not acceptable. 10. Carbon:nitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Continuation, May 14, 2021, page 3 Soil Analyses Plant Analyses Water Analyses Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 12 copper 100 selenium 20 cadmium 15 lead 200 silver 10 chromium 150 mercury 10 vanadium 50 cobalt 30 molybdenum 20 zinc 200 nickel 100 Higher amounts of salinity or boron may be present if the soils are to be preleached to reduce the excess or if the plant species will tolerate the salinity and/or boron. For site maintenance, apply ammonium sulfate (21-0-0) at 5 pounds per 1,000 square feet about once per quarter. Monitor the site with periodic soil and leaf tissue testing. Adjust the maintenance program as needed. Sincerely, Garn A. Wallace, Ph. D. GAW:n WALLACE LABS SOILS REPORT Print Date May. 13, 2021 Receive Date 5/12/21 365 Coral Circle Location D-4 Recycled Water Tank / City of Carlsbad El Segundo, CA 90245 Requester Mike Smyth, NV5, Inc. (310) 615-0116 graphic interpretation: * very low, ** low, *** moderate ammonium bicarbonate/DTPA * * * * high, * * * * * very high extractable - mg/kg soil Sample ID Number 21-133-03 21-133-04 Interpretation of data Sample Description Site 1, 6" Below Grade Site 2, 6" Below Grade low medium high elements graphic graphic 0 - 7 8-15 over 15 phosphorus 15.33 ***** 15.96 ***** 0-60 60 -120 121-180 potassium 224.72 ***** 166.64 **** 0 - 4 4 - 10 over 10 iron 14.19 **** 4.38 *** 0- 0.5 0.6- 1 over 1 manganese 10.64 ***** 4.05 **** 0 - 1 1 - 1.5 over 1.5 zinc 6.19 **** 4.08 **** 0- 0.2 0.3- 0.5 over 0.5 copper 1.12 **** 0.54 **** 0- 0.2 0.2- 0.5 over 1 boron 0.15 ** 0.10 * calcium 449.46 **** 544.47 **** magnesium 153.60 ***** 233.39 ***** sodium 78.41 ** 126.03 *** sulfur 14.12 * 15.02 * molybdenum 0.07 *** 0.02 ** nickel 0.21 * 0.10 * The following trace aluminum n d * n d * elements may be toxic arsenic 0.02 * n d * The degree of toxicity barium 0.85 * 0.96 * depends upon the pH of cadmium 0.02 * 0.02 * the soil, soil texture,chromium n d * n d * organic matter, and the cobalt 0.20 * 0.13 * concentrations of the lead 1.98 ** 0.39 * individual elements as lithium n d * n d * well as to their interactions.mercury n d * n d * selenium n d * n d * The pH optimum depends silver n d * n d * upon soil organic strontium 2.48 * 1.91 * matter and clay content- tin n d * n d * for clay and loam soils: vanadium 0.45 * 0.63 * under 5.2 is too acidic 6.5 to 7 is ideal Saturation Extract over 9 is too alkaline pH value 7.18 *** 7.95 **** The ECe is a measure of ECe (milli-0.55 ** 0.78 ** the soil salinity: mho/cm)millieq/l millieq/l 1-2 affects a few plants calcium 35.4 1.8 41.7 2.1 2-4 affects some plants, magnesium 11.7 1.0 15.3 1.3 > 4 affects many plants. sodium 57.1 2.5 83.5 3.6 potassium 16.9 0.4 10.8 0.3 cation sum 5.7 7.3 problems over 150 ppm chloride 28 0.8 114 3.2 nitrate as N 13 0.9 7 0.5 phosphorus as P 1.2 0.0 1.0 0.0 toxic over 800 sulfate as S 26.6 1.7 27.7 1.7 anion sum 3.4 5.4 toxic over 1 for many plants boron as B 0.33 ** 0.13 * increasing problems start at 3 SAR 2.1 ** 2.8 ** est. gypsum requirement-lbs./per 1,000 square feet 13 21 calculated percolation rate inches/hour 2.03 1.08 soil texture sandy loam gravel > 2 mm sandy loam gravel > 2 mm sand 73.8% 0.9% 70.5% 4.4% silt 15.4% gravel > 1/4 inch 13.5% gravel > 1/4 inch clay 10.8% 0.8% 16.1% 1.7% lime (calcium carbonate)no gravel > 1/2 inch no gravel > 1/2 inch Total nitrogen 0.169% 0.0% 0.122% 0.0% Total carbon 1.190% 0.772% carbon:nitrogen ratio 7.0 6.3 organic matter based on carbon 2.38% 1.54% moisture content of soil 2.3% 4.7% half saturation percentage 15.6% 15.4% Elements are expressed as mg/kg dry soil or mg/l for saturation extract. pH and ECe are measured in a saturation paste extract. nd means not detected. Analytical data determined on soil fraction passing a 2 mm sieve. 122PLANT PALETTETREES:SYM:QTY: CODE:BOTANICAL NAMECOMMON NAMESIZEWATER USE 3ACAESCULUS CALIFORNICACALIFORNIA BUCKEYE5 GALVERY LOW55CLCHILOPSIS LINEARISDESERT WILLOW1 GALVERY LOW27FUFRAXINUS UHDEIEVERGREEN ASH24" BOXMODERATEEXISTING TREES TO REMAINPLANTING:SYM:QTY: CODE:BOTANICAL NAMECOMMON NAMESIZETYPESPACINGWATER USE1,800AEARCTOSTAPHYLOS EDMUNDSIIMANZANITA CARMEL SUR1 GALGROUNDCOVER24"LOW250BLBAHIOPSIS LACINIATASAN DIEGO COUNTY VIGUIERA1 GALSHRUB36"VERY LOW150CCCEANOTHUS CUNEATUSBUCKBRUSH5 GALSHRUB60"VERY LOW150HAHETEROMELES ARBUTIFOLIATOYON5 GALSHRUB60"VERY LOW900IHIVA HAYESIANAPOVERTY WEED1 GALGROUNDCOVER24"VERY LOW900RVRIBES VIBERUNIFOLIUMEVERGREEN CURRANT1 GALGROUNDCOVER24"VERY LOWSLOPE PLANTING*:SYM:QTY: CODE:BOTANICAL NAMECOMMON NAMESIZETYPESPACINGWATER USE55ARARCTOSTAPHYLOS CATALINAECATALINA MANZANITA1 GALSHRUB84"VERY LOW1,538AEARCTOSTAPHYLOS EDMUNDSIIMANZANITA CARMEL SUR1 GALGROUNDCOVER24"LOW120BLBAHIOPSIS LACINIATASAN DIEGO COUNTY VIGUIERA1 GALSHRUB36"VERY LOW75CCCEANOTHUS CUNEATUSBUCKBRUSH1 GALSHRUB60"VERY LOW55HAHETEROMELES ARBUTIFOLIATOYON1 GALSHRUB84"VERY LOW769IHIVA HAYESIANAPOVERTY WEED1 GALGROUNDCOVER24"VERY LOW55RLRHUS LAURINALAUREL SUMAC1 GALSHRUB84"VERY LOW769RVRIBES VIBERUNIFOLIUMEVERGREEN CURRANT1 GALGROUNDCOVER24"VERY LOWLANDSCAPE STATEMENT:I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATIONPLANS CONTAINED IN THE CITY OF CARLSBAD'S LANDSCAPE MANUAL ANDWATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS PLAN INCOMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL ANDAGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTINGCONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSEREGULATIONS TO PROVIDE EFFICIENT USE OF WATER.* PROVIDE AND INSTALL EROSION CONTROL MATTING IN ALL SLOPE PLANTING AREAS.* SHRUBS ARE PROVIDED TO ACHIEVE 70% COVERAGE OF SLOPE AT MATURE SIZE.* GROUNDCOVERS ARE PROVIDED TO ACHIEVE FULL COVERAGE WITHIN ONE YEAR.NORTH2 X DIA. OFROOT BALL5'-0" MAX.TREE WRAP FROM GROUND TO FIRSTBRANCHPLACE ROOT BALL AT TOP OF MULCHLAYER.SCARIFY WALLS AND BOTTOM OFPLANTING PIT.SOIL MIX BACKFILLTREE TIES(2) 2X2 S4S DF 8 FOOT STAKES DO NOTPENETRATE ROOT BALL WITH STAKES.DRIVE 3' MIN.ROOT BARRIER, AVOID UTILITIES. EXTEND6' EA. WAY FROM TRUNK ALONG CURBSAND PAVING. SEE SPECS.PLANTING MIX BACKFILL. BACKFILL MIX SHALLCONSIST OF 2/3 NATIVE SOIL AND 1/3 TOPSOIL/SOILCONDITIONER MIX. SEE SPECIFICATIONS FORAMENDMENTSSHRUB/GRASS ROOT CROWN TO BE SET 1" ABOVESURROUNDING GRADE.3" BARK MULCH AS SPECIFIED - KEEP MULCH CLEAROF SHRUB STEM BASE.SCARIFY EDGES AND BOTTOMDIAMETER OFROOTBALL + 6"15092 AVENUE OF SCIENCE, SUITE 200SAN DIEGO, CA 92128858.385.0500 TEL858.385.0400 FAXWWW.NV5.COM12,477SF10,652SFTYPICAL O.C. SPACING PLANTING GRID.CLUMP AND SCATTER PLANTS.AVERAGE PLANTING DENSITYTO BE EQUIVALENT TO GRID SPACING.OFFSET PLANTS PER PLANTING SPECTO AVOID STRAIGHT ROWS.RANDOMLY MIX PLANT SPECIES.EDGE OF PLANTING AREAS1/2 S*S = SPACING ON CENTER(O.C.) AS SHOWN IN PLANT LIST.NOTE:1)TREES SHALL BE LOCATED 10' MIN. AWAY FROM PATHS.2)SHRUBS SHALL BE LOCATED 5' MIN. AWAY FROM PATHS.PLANT GROUNDCOVERS IN MASSINGSOF 3, 5, OR 7 RANDOMLY THROUGHOUTL ICENSE D L ANDSCAPE ARCHITECTSTATE OF CALI FOR NIA LS 3231MICH A EL D. SMYTHEXP. 03/31/2023CONSTRUCTION NOTESPROTECT IN PLACE EXISTING FOUR (4) EVERGREEN ASH TREES.PLANTING AT NORTHEAST CORNER IS FOR SCREENING ONLY. FIT PLANTING IN BETWEENEXISTING PLANT MATERIAL ON SITE FOR PROPER COVERAGE.PLANT SET ATORIGINAL DEPTHSAUCER BUILT ONLOW SIDEBLEND INTOEXISTING SLOPEORIGINAL GRADEFINISH GRADEMULCH AS SPECIFIEDPLANTING MIX BACKFILL. BACKFILL MIX SHALLCONSIST OF 23 NATIVE SOIL AND 13 TOPSOIL/SOILCONDITIONER MIX. SEE SPECIFICATIONS FORAMENDMENTSDIAMETER OFROOTBALL + 6"SCALE: LP-015N.T.S.1 GAL. & 5 GAL. PLANTING ON SLOPE DETAILSCALE: LP-014N.T.S.GROUNDCOVER PLANTING DETAIL1 GAL. & 5 GAL. SHRUB/SCALE: LP-013N.T.S.PLANT SPACING DETAILSCALE: LP-012N.T.S.24" BOX TREE PLANTING DETAILSCALE: LP-0111"= 20'LANDSCAPE PLAN"D-3" RESERVOIR"D" RESERVOIR"D-4" RESERVOIR PRIVATE IMPROVEMENTSBID SET - NOT FOR CONSTRUCTION PRIVATE IMPROVEMENTSBID SET - NOT FOR CONSTRUCTION PRIVATE GRADINGPRIVATE GRADINGBID SET - NOT FOR CONSTRUCTION PRIVATE GRADINGN BID SET - NOT FOR CONSTRUCTION “”PRIVATE GRADINGBID SET - NOT FOR CONSTRUCTION PRIVATE GRADINGBID SET - NOT FOR CONSTRUCTION STORM WATER POLLUTION PREVENTION NOTES APN : TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP) AREA OF DISTURBANCE CONSTRUCTION THREAT: OWNER/APPLICANT: SITE ADDRESS: EMERGENCY CONTACT : SHEET INDEX: OWNER'S CERTIFICATION: WEATHER TRIGGERED ACTION PLAN VICINITY MAP LEGEND CASQA Designation Construction Activity (BMP) Description Best Management Practice* Erosion Control Sediment Control BMPsBMPs Tracking Control BMPs Non-Storm Water Management BMPs Waste Management and Materials Pollution Control BMPs BEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE PRIVATE GRADINGBID SET - NOT FOR CONSTRUCTION PRIVATE GRADINGN TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)BID SET - NOT FOR CONSTRUCTION PRIVATE GRADINGCut/Fill Summary Name Surface1 Totals Cut Factor 1.00 Fill Factor 1.00 2d Area 24715.03 Sq. Ft. 24715.03 Sq. Ft. Cut 157.50 Cu. Yd. 157.50 Cu. Yd. Fill 3017.86 Cu. Yd. 3017.86 Cu. Yd. Net 2860.37 Cu. Yd.<Fill> 2860.37 Cu. Yd.<Fill>BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION ” 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200SAN DIEGO, CA 92128858.385.0500 TEL858.385.0400 FAXWWW.NV5.COMJulian O. Palacios10/26/22BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200SAN DIEGO, CA 92128858.385.0500 TEL858.385.0400 FAXWWW.NV5.COMJulian O. Palacios10/26/22BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200SAN DIEGO, CA 92128858.385.0500 TEL858.385.0400 FAXWWW.NV5.COMGRAPHIC SCALEJulian O. Palacios10/26/22BID SET - NOT FOR CONSTRUCTION 15092 AVENUE OF SCIENCE, SUITE 200SAN DIEGO, CA 92128858.385.0500 TEL858.385.0400 FAXWWW.NV5.COMGRAPHIC SCALESECTION1.2.3.Julian O. Palacios10/26/22BID SET - NOT FOR CONSTRUCTION PRIVATE RECYCLED WATER SYSTEM15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM LICENSED L A NDSCAPE A R C HI TECTSTAT E OF CA L I F O R NIALS 3231MICHAEL D. S M YTHEXP. 03/31/2023 RECYCLED WATER RW 5210RECYCLEDWATER IN USE DIAL TOLL FREE 1 - 800 - 422 - 4133 AT LEAST TWO DAYS BEFORE YOU DIG T.M. UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA RECYCLED WATER PHASE III: D-4 RESERVOIR PRIVATE RECYCLED WATER SYSTEM1 2 2 3 3 3 4 3 4 3 4 3 3 4 5 PLANT PALETTE TREES: SYM:QTY: CODE:BOTANICAL NAME COMMON NAME SIZE WATER USE 3 AC AESCULUS CALIFORNICA CALIFORNIA BUCKEYE 15 GAL VERY LOW 33 CL CHILOPSIS LINEARIS DESERT WILLOW 15 GAL VERY LOW 27 FU FRAXINUS UHDEI EVERGREEN ASH 24" BOX MODERATE 22 PC PINUS CANARIENSIS CANARY ISLAND PINE 15 GAL LOW EXISTING TREES TO REMAIN PLANTING: SYM:QTY: CODE:BOTANICAL NAME COMMON NAME SIZE TYPE SPACING WATER USE 781 AP AMBROSIA PUMILA SAN DIEGO RAGWEED 1 GAL GROUNDCOVER 24"VERY LOW 217 BL BAHIOPSIS LACINIATA SAN DIEGO COUNTY VIGUIERA 1 GAL SHRUB 36"VERY LOW 130 CC CEANOTHUS CUNEATUS BUCKBRUSH 5 GAL SHRUB 60"VERY LOW 781 EF ERIOGONUM FASCICULATUM CALIFORNIA BUCKWHEAT 1 GAL GROUNDCOVER 24"VERY LOW 130 HA HETEROMELES ARBUTIFOLIA TOYON 5 GAL SHRUB 60"VERY LOW 781 IH IVA HAYESIANA POVERTY WEED 1 GAL GROUNDCOVER 24"VERY LOW 781 RV RIBES VIBERUNIFOLIUM EVERGREEN CURRANT 1 GAL GROUNDCOVER 24"VERY LOW SLOPE PLANTING*: SYM:QTY: CODE:BOTANICAL NAME COMMON NAME SIZE TYPE SPACING WATER USE 53 AR ARCTOSTAPHYLOS CATALINAE CATALINA MANZANITA 1 GAL SHRUB 84"VERY LOW 746 AP AMBROSIA PUMILA SAN DIEGO RAGWEED 1 GAL GROUNDCOVER 24"VERY LOW 116 BL BAHIOPSIS LACINIATA SAN DIEGO COUNTY VIGUIERA 1 GAL SHRUB 36"VERY LOW 73 CC CEANOTHUS CUNEATUS BUCKBRUSH 1 GAL SHRUB 60"VERY LOW 746 EF ERIOGONUM FASCICULATUM CALIFORNIA BUCKWHEAT 1 GAL GROUNDCOVER 24"VERY LOW 53 HA HETEROMELES ARBUTIFOLIA TOYON 1 GAL SHRUB 84"VERY LOW 746 IH IVA HAYESIANA POVERTY WEED 1 GAL GROUNDCOVER 24"VERY LOW 53 RL RHUS LAURINA LAUREL SUMAC 1 GAL SHRUB 84"VERY LOW 746 RV RIBES VIBERUNIFOLIUM EVERGREEN CURRANT 1 GAL GROUNDCOVER 24"VERY LOW * SHRUBS ARE PROVIDED TO ACHIEVE 70% COVERAGE OF SLOPE AT MATURE SIZE. * GROUNDCOVERS ARE PROVIDED TO ACHIEVE FULL COVERAGE WITHIN ONE YEAR. LANDSCAPE STATEMENT: I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CARLSBAD'S LANDSCAPE MANUAL AND WATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER. NORTH 2 X DIA. OF ROOT BALL5'-0" MAX.TREE WRAP FROM GROUND TO FIRST BRANCH PLACE ROOT BALL AT TOP OF MULCH LAYER. SCARIFY WALLS AND BOTTOM OF PLANTING PIT. SOIL MIX BACKFILL TREE TIES (2) 2X2 S4S DF 8 FOOT STAKES DO NOT PENETRATE ROOT BALL WITH STAKES. DRIVE 3' MIN. ROOT BARRIER, AVOID UTILITIES. EXTEND 6' EA. WAY FROM TRUNK ALONG CURBS AND PAVING. SEE SPECS. ROOT BARRIER IN PLANT PITS FOR FOUR TREES CLOSEST TO THE OVERFLOW PIPE. AVOID UTILITIES. EXTEND 6' EA. WAY FROM TRUNK ALONG DRAIN LINE. SEE SPECS. TANK OVERFLOW DRAIN ADJACENT PAVING PLANTING MIX BACKFILL. BACKFILL MIX SHALL CONSIST OF 2/3 NATIVE SOIL AND 1/3 TOPSOIL/SOIL CONDITIONER MIX. SEE SPECIFICATIONS FOR AMENDMENTS SHRUB/GRASS ROOT CROWN TO BE SET 1" ABOVE SURROUNDING GRADE. 3" BARK MULCH AS SPECIFIED - KEEP MULCH CLEAR OF SHRUB STEM BASE. SCARIFY EDGES AND BOTTOM DIAMETER OF ROOTBALL + 6" 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM 10,822SF 10,342SF TYPICAL O.C. SPACING PLANTING GRID. CLUMP AND SCATTER PLANTS. AVERAGE PLANTING DENSITY TO BE EQUIVALENT TO GRID SPACING. OFFSET PLANTS PER PLANTING SPEC TO AVOID STRAIGHT ROWS. RANDOMLY MIX PLANT SPECIES. EDGE OF PLANTING AREA S 1/2 S *S = SPACING ON CENTER(O.C.) AS SHOWN IN PLANT LIST. NOTE: 1)TREES SHALL BE LOCATED 10' MIN. AWAY FROM PATHS. 2)SHRUBS SHALL BE LOCATED 5' MIN. AWAY FROM PATHS. PLANT GROUNDCOVERS IN MASSINGS OF 3, 5, OR 7 RANDOMLY THROUGHOUT LICENSED L A N DSCAPE A R C HI TECTSTAT E OF CA L I F O R NIALS 3231MICHAEL D . S MYTHEXP. 03/31/2023 CONSTRUCTION NOTES PROTECT IN PLACE EXISTING FOUR (4) EVERGREEN ASH TREES. PLANTING AT NORTHEAST CORNER IS FOR SCREENING ONLY. FIT PLANTING IN BETWEEN EXISTING PLANT MATERIAL ON SITE FOR PROPER COVERAGE. PROVIDE AND INSTALL HYDRAULICALLY APPLIED EROSION CONTROL BONDED FIBER MATRIX (BFM) TO ALL THE SITE PLANTING AREAS DISTURBED BY CONSTRUCTION ACTIVITIES. INSTALL PER MANUFACTURER'S SPECIFICATIONS. PROVIDE AND INSTALL EROSION CONTROL MATTING IN ALL SLOPE PLANTING AREAS. FIELD VERIFY TANK OVERFLOW DRAIN PIPE LOCATION PRIOR TO INSTALLATION OF PLANT MATERIAL. LOCATE TREES 10'-0" MIN. AWAY FROM OVERFLOW DRAIN PIPE. PROVIDE ROOT BARRIER PER DETAIL. PLANT SET AT ORIGINAL DEPTH SAUCER BUILT ON LOW SIDE BLEND INTO EXISTING SLOPE ORIGINAL GRADE FINISH GRADE MULCH AS SPECIFIED PLANTING MIX BACKFILL. BACKFILL MIX SHALL CONSIST OF 23 NATIVE SOIL AND 13 TOPSOIL/SOIL CONDITIONER MIX. SEE SPECIFICATIONS FOR AMENDMENTSDIAMETER OF ROOTBALL + 6" SCALE: LP-01 5 N.T.S. 1 GAL. & 5 GAL. PLANTING ON SLOPE DETAIL SCALE: LP-01 4 N.T.S. 1 GAL. & 5 GAL. PLANTING DETAIL SCALE: LP-01 3 N.T.S. PLANT SPACING DETAIL SCALE: LP-01 2 N.T.S. 15 GAL. AND 24" BOX TREE PLANTING DETAIL SCALE: LP-01 1 1"= 20' LANDSCAPE PLAN "D-3" RESERVOIR "D-4" RESERVOIR NOTE: 1)ROOT BARRIERS ARE ONLY TO BE USED NEAR THE OVERFLOW DRAIN PIPE AND WITHIN 5' OF PAVED AREAS. 1 2 3 4 5 STORMWATER BASIN SEEDING+: SYM:BOTANICAL NAME COMMON NAME LBS/ACRE PURITY / GERMINATION WATER USE AGROSTIS PALLENS SAN DIEGO BENTGRASS 2.00 90% / 90%UNKNOWN CAREX SPISSA SAN DIEGO SEDGE 4.00 90% / 90%MODERATE ERIOGONUM FASCICULATUM CALIFORNIA BUCKWHEAT 4.00 95% / 90%VERY LOW JUNCUS PATENS CALIFORNIA GRAY RUSH 2.00 95% / 90%LOW IRIS DOUGLASIANA DOUGLAS IRIS 6.00 75% / 70%LOW LEYMUS CONDENSATUS 'CANYON PRINCE'CANYON PRINCE WILD RYE 12.00 90% / 90%UNKNOWN SISYRINCHIUM BELLUM BLUE-EYED GRASS 2.00 90% / 90%LOW +THE STORMWATER BASIN IS SECTION C TREATMENT PLUS FLOW CONTROL BIORETENTION IN HYDROLIC SOIL GROUP B SOILS. THE BASIN IS LINED, AND IS BIORETENTION ONLY. + STORMWATER BASIN SEEDING SHALL BE HYDRAULICALLY APPLIED USING BONDED FIBER MATRIX (BFM) TO THE SIDES AND BOTTOM OF THE STORMWATER BASIN. INSTALL PER MANUFACTURER'S SPECIFICATIONS. PROVIDE AND INSTALL EROSION CONTROL MATTING ON SIDE SLOPES OF STORMWATER BASIN. 1,847SF GENERAL PLANTING NOTES: 1) All utilities are screened by planting per this plan. 2) The planting shown on this sheet will be irrigated with subsurface irrigation for any vegetation with twenty-four inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscape area. 3) Slopes 6:1 or steeper requiring erosion control measures as specified herein shall be treated with one or more of the following planting standards: a.Standard 1 - Cover Crop/And Erosion Control Matting: Cover crop shall be a seed mix typically made up of quick germinating and fast covering grasses, clovers, and/or wild flowers. Submit the specific seed mix for City approval prior to application. The cover crop shall be applied at a rate sufficient to provide 90% coverage within thirty (30) days. The type of erosion control matting shall be as approved by the city and affixed to the slope as recommended by the manufacturer. On slopes 3 feet or less in vertical height where adjacent to public walks or streets: When planting occurs between August 15 and April 15, erosion control matting shall be required. During the remainder of the year, the cover crop and/or erosion control matting may be used. On slopes greater than 3 feet in height, erosion control matting shall be required and a cover crop shall not be used, unless otherwise approved by the City. b.Standard #2 - Ground Cover One hundred (100%) percent of the area shall be planted with a ground cover known to have excellent soil binding characteristics (planted from a minimum size of flatted material and spaced to provide full coverage within one year). c.Standard #3 - Low Shrubs Low spreading woody shrubs (planted from a minimum of 1-gallon containers) shall cover a minimum of seventy (70%) percent of the slope face (at mature size). d.Standard #4 - Trees and/or Large Shrubs Trees and/or large shrubs shall be (planted from a minimum of 1-gallon containers) shall be installed at a minimum rate of one (1) plant per two hundred (200) square feet. Slopes - 6:1 or steeper and: a.3' or less in vertical height and adjacent to public walks or streets require at a minimum Standard #1 (cover crop or erosion control matting). b.3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c.In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. Areas graded flatter than 6:1 require a cover crop per Standard #1 with temporary irrigation when they have one or more of the following conditions: a.Sheet graded pads not scheduled for improvements within 6 months of completion of rough grading. b.A potential erosion problem as determined by the City. c.Identified by the City as highly visible areas to the public or have special conditions that warrant immediate treatment. 4) All slopes shall receive erosion control matting per the guidelines of the Slope Revegetation Standards. 1:1 MAX. BACKSLOPE PRIVATE RECYCLED WATER SYSTEM1)INSTALL VALVE BOXES PERPENDICULAR TO WALLS, WALKS, AND CURBS. 2)THE IRRIGATION SYSTEM IS SHOWN DIAGRAMMATICALLY FOR CLARITY. LOCATE ALL PIPING, VALVES, BACKFLOW PREVENTERS, AND OTHER IRRIGATION EQUIPMENT WITHIN PLANTING AREAS UNLESS NOTED OR DIRECTED OTHERWISE. 3)LOCATE THE EXISTING SUPPLY LINE AND CONTROL VALVE WIRES. CONNECT THE NEW PRESSURE SUPPLY LINE TO THE EXISTING LINE AND SPLICE THE EXISTING CONTROL WIRES AND COMMON WIRE TO RUN BACK TO THE CONTROLLER LOCATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONNECTING AND SEQUENCING THE VALVE WIRES TO THE CONTROLLER BEGINNING USING STATION 21 THROUGH 24. 4)THE EXISTING IRRIGATION SYSTEM SHALL REMAIN OPERATIONAL DURING CONSTRUCTION WITH 24-HOUR INTERRUPTIONS MAXIMUM. TEMPORARY MAINLINE(S) MAY BE NECESSARY TO ENSURE THE SYSTEM REMAINS OPERATIONAL. 5)ALL WIRE SPLICES IN THE FIELD SHALL BE LOCATED IN VALVE BOXES. ANY WIRE SPLICES NEAR THE CONTROLLER SHALL BE LOCATED IN A 12"X12"X6" NEMA 3R JUNCTION BOX (SET NEW BOX 18" +/- ABOVE CONCRETE PAD) AND COIL WIRE NUT EXISTING CONDUCTORS INSIDE JUNCTION BOX. EXISTING JUNCTION BOXES MAY BE USED IF THERE IS AMPLE SPACE. 6)ALL PIPING AND WIRING UNDER ROADWAYS AND PAVING AND THROUGH WALLS SHALL BE SLEEVED. 7)DO NOT WILLFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD OBSTRUCTIONS, GRADE DIFFERENCES OR DIFFERENCES IN THE AREA DIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEERING. SUCH OBSTRUCTIONS OR DIFFERENCES SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE. IN THE EVENT THIS NOTIFICATION IS NOT PERFORMED, THE IRRIGATION CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS NECESSARY. 8)THE IRRIGATION CONTRACTOR SHALL FLUSH AND ADJUST ALL SPRINKLER HEADS FOR OPTIMUM PERFORMANCE AND TO PREVENT OVERSPRAY ONTO WALKS, ROADWAYS, AND/OR BUILDINGS AS MUCH AS POSSIBLE. THIS SHALL INCLUDE SELECTING THE BEST DEGREE OF ARC TO FIT THE EXISTING SITE CONDITIONS AND TO THROTTLE THE FLOW CONTROL AT EACH VALVE TO OBTAIN THE OPTIMUM OPERATING PRESSURE FOR EACH ZONE. 9)ALL SPRINKLER HEADS SHALL BE SET PERPENDICULAR TO THE FINISH GRADE OF THE AREA TO BE IRRIGATED UNLESS OTHERWISE DESIGNED ON THE PLANS. 10)THE IRRIGATION CONTRACTOR SHALL KEEP AN UP-TO-DATE COMPLETE IRRIGATION 'AS BUILT' SET OF PRINTS WHICH SHALL BE UPDATED DAILY AND SHOW EVERY CHANGE FROM ORIGINAL DESIGN. AT FINAL COMPLETION PROVIDE OWNER WITH A CURRENT AS-BUILT HARD COPY PLAN SET. DRAWING SCALE TBD BY OWNER. 11)ALL CONTROL VALVES SHALL BE MANIFOLDED AND GROUPED IN GENERAL AREAS SHOWN ON THE PLANS. VALVES SHALL BE LOCATED IN PLANTING AREAS AND IMMEDIATELY ADJACENT TO WALKS, CURBS, OR PAVING AREAS AND SET AT RIGHT ANGLES TO EDGES. INSTALL VALVE BOXES SIX (6) INCHES FROM EDGES OF HARDSCAPE AREAS. 12)THE IRRIGATION CONTRACTOR SHALL REVIEW IRRIGATION SPECIFICATIONS PRIOR TO BEGINNING WORK. REFER TO TECHNICAL SPECIFICATIONS AND CONSTRUCTION DETAILS FOR INSTALLATION PROCEDURES. 1)EXISTING UTILITIES AND FIELD CONDITIONS: PRIOR TO EXCAVATION, LOCATE ALL CABLES, CONDUITS, AND UNDERGROUND UTILITIES. CONTRACTOR SHALL BE RESPONSIBLE FOR AN UNDERGROUND UTILITY SERVICE TO LOCATE AND MARK UTILITIES. CONTRACTOR WILL TAKE PROPER PRECAUTIONS NOT TO DAMAGE OR DISTURB SUCH UNDERGROUND IMPROVEMENTS. NOTIFY OWNER IMMEDIATELY IF A CONFLICT BETWEEN SUCH OBSTACLES AND THE PROPOSED WORK. PROCEED IN SAME MANNER IF ROCK LAYERS OR ANY OTHER CONDITIONS ENCOUNTERED UNDERGROUND MAKE CHANGES ADVISABLE. DIAL TOLL FREE 1 - 800 - 422 - 4133 AT LEAST TWO DAYS BEFORE YOU DIG T.M. UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA PRIVATE RECYCLED WATER SYSTEM1 1 2 2 4 4 3 3 3 5 6 7 7 8 9 9 9 9 10 NORTH 1 1" = 20' IRRIGATION PLAN 15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM LICENSED L A N DSCAPE A R C HI TECTSTAT E OF CA L I F O R NIALS 3231MICHAEL D . S MYTHEXP. 03/31/2023 1)PROVIDE AND INSTALL HUNTER MP ROTATOR NOZZLES AS REQUIRED TO FIT PLANTING AREAS TO ENSURE PROPER COVERAGE. 2)THIS IRRIGATION DESIGN IS A RETROFIT AND EXPANSION TO AN EXISTING IRRIGATION SYSTEM. IF ANY NEW OR EXISTING WORK SHOWN IS FOUND TO BE IN CONFLICT WITH ACTUAL SITE CONDITIONS, NOTIFY THE OWNER'S REPRESENTATIVE. IN THE HYDRAULIC DESIGN AND PIPE SIZING, DO NOT EXCEED THE FOLLOWING G.P.M. OF WATER USAGE PER SCHEDULED PIPE SIZE. WATER SUPPLY: 1.THERE IS AN EXISTING RECYCLED WATER IRRIGATION SYSTEM ON SITE THAT WILL BE EXPANDED TO PROVIDE IRRIGATION FOR THIS PROJECT. 2.IRRIGATION FOR THIS PROJECT WILL UTILIZE ONLY NON-POTABLE, TREATED RECYCLED WATER. 3.AVAILABLE PSI AND FLOW VELOCITIES ARE KNOWN. VERIFY BOTH WITH OWNER'S REPRESENTATIVE. WATER CONSERVATION FEATURES: 1.PLANT MATERIAL IS CHOSEN BASED ON WATER EFFICIENCY ABOVE ALL ELSE, BUT IS ALSO CHOSEN FOR ORNAMENTAL AND SCREENING PURPOSES. THE SOUTH AND EAST SIDES OF THE NEW RESERVOIR REQUIRE LANDSCAPE SCREENING FOR ADJACENT NEIGHBORS. THE ONLY PLANT SPECIES CHOSEN THAT HAS MODERATE WATER NEEDS IS THE EVERGREEN ASH, WHICH WAS CHOSEN DUE TO ITS RAPID GROWTH RATE AND SCREENING FEATURES. ALL OTHER PLANT SPECIES HAVE LOW OR VERY LOW WATER NEEDS PER WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS). 2.A SOIL MANAGEMENT REPORT HAS BEEN PROVIDED BY WALLACE LABORATORIES, LLC, DATED MAY 14, 2021. SOIL AMENDMENTS IDENTIFIED IN THE REPORT SHALL BE INCORPORATED PRIOR TO THE INSTALLATION OF IRRIGATION AND PLANTING, TO PROVIDE BETTER WATER ABSORPTION AND TO IMPROVE WATER-HOLDING CAPACITY. 3.PLANTS SELECTED ARE NATIVE TO THE REGION. 4.NO TURF GRASS IS PROPOSED FOR THIS PROJECT. 5.IRRIGATION IS DESIGNED TO WATER DEEPLY AND INFREQUENTLY TO DEVELOP DEEP ROOT SYSTEMS. HIGHLY EFFICIENT BUBBLERS AND LOW PRECIPITATION RATE STREAM ROTORS WILL BE UTILIZED TO REDUCE RUNOFF AND EVAPOTRANSPIRATION. 6.BARK MULCH WILL BE USED TO KEEP PLANT ROOTS COOL, MINIMIZE EROSION, AND REDUCE WEED GROWTH. HYDROZONES: WATER USE AREA (SQ. FT.)IRRIGATION METHOD ZONE NUMBER/TYPE MODERATE 390 SF SUB-GRADE BUBBLERS #21: TREES VERY LOW 10,542 SF STREAM ROTORS #22: SHRUBS - FLAT AREA LOW 590 SF SUB-GRADE BUBBLERS #23: TREES MODERATE 1,847 SF STREAM ROTORS #24: STORMWATER BASIN VERY LOW 5,939 SF STREAM ROTORS #25: SHRUBS - NORTH AND EAST FACING SLOPE VERY LOW 2,806 SF STREAM ROTORS #26: SHRUBS - SOUTH AND WEST FACING SLOPE TOTAL LANDSCAPE AREA 22,114 SF 44.0 X 0.62 X (0.45 X 22,114) = 271,471 GAL/YR ALLOWED MAXIMUM APPLIED WATER ALLOWANCE (MAWA): TOTAL ETWU = 116,272 GAL/YR ETWU CALCULATIONS: ZONE 21 TREES:44.0 X 0.62 X (0.5 X 390) / 0.81 = 6,567 GAL/YR ZONE 22 SHRUBS IN FLAT AREA:44.0 X 0.62 X (0.1 X 10,542) / 0.75 = 38,345 GAL/YR ZONE 23 TREES:44.0 X 0.62 X (0.3 X 590) / 0.81 = 5,961 GAL/YR ZONE 24 STORMWATER BASIN:44.0 X 0.62 X (0.5 X 1,847) / 0.75 = 33,591 GAL/YR ZONE 25 SHRUBS ON NORTH AND EAST FACING SLOPES:44.0 X 0.62 X (0.1 X 5,939) / 0.75 = 21,602 GAL/YR ZONE 26 SHRUBS ON SOUTH AND WEST FACING SLOPES:44.0 X 0.62 X (0.1 X 2,806) / 0.75 = 10,206 GAL/YR CONTRACTOR SHALL CONFIRM EXISTING AUTOMATIC IRRIGATION SYSTEM IS OPERATIONAL IN THIS LOCATION TO PROVIDE WATER TO NEW PLANTINGS. NOTIFY OWNER'S REPRESENTATIVE IF ADJUSTMENTS ARE REQUIRED IN EXISTING ZONE TO PROVIDE ADEQUATE WATER. TIE INTO EXISTING MAINLINE THIS GENERAL LOCATION. ENSURE ADEQUATE FLOW IS AVAILABLE TO OPERATE EXPANSION ZONES AS SHOWN. EXISTING ROTOR ZONE WILL BE IMPACTED BY NEW WORK AND NEED TO BE ADJUSTED. NEW ROTOR HEAD LAYOUT SHOWN TO PROVIDE IRRIGATION TO NEW AND EXISTING PLANTINGS. TIE NEW ROTOR ZONE LATERAL INTO EXISTING LATERAL THIS GENERAL LOCATION. ENSURE ADEQUATE FLOW IS AVAILABLE TO OPERATE ZONE AS SHOWN. REMOVE EXISTING IRRIGATION AT FOUR (4) EXISTING EVERGREEN ASH TREES AND REPLACE WITH NEW ROOT ZONE TUBE BUBBLERS. EXISTING MAINLINE IN THIS GENERAL LOCATION WILL LIKELY BE IMPACTED BY NEW GRADING. ADJUSTMENTS TO EXISTING MAINLINE SHOULD BE EXPECTED. REPLACE AS NECESSARY WITH SAME PIPE SIZE. EXISTING VALVES IN THIS GENERAL LOCATION WILL LIKELY BE IMPACTED BY NEW GRADING. ADJUSTMENTS TO EXISTING VALVES SHOULD BE EXPECTED. REPLACE VALVES AND VALVE BOXES AS NECESSARY TO ACCOMMODATE NEW GRADING. FIELD VERIFY TANK OVERFLOW DRAIN PIPE LOCATION PRIOR TO INSTALLATION OF IRRIGATION. ROUTE CONTROL WIRES FROM NEW VALVES TO EXISTING CONTROLLER. UTILIZE EXISTING SLEEVES UNDER PAVEMENT. ROUTE OF CONTROL WIRES SHALL BE STAKED ON SITE AND PRE-APPROVED BY OWNER'S REPRESENTATIVE PRIOR TO TRENCHING. EXISTING CONTROLLER TO BE UTILIZED FOR NEW CONTROL VALVES. PROVIDE AND INSTALL ONE SIGN (LOCATION TBD BY OWNER) THAT READS "RECYCLED WATER - DO NOT DRINK". PROVIDE AND INSTALL A CHECK VALVE AT THE LOW POINT IN EACH IRRIGATION ZONE. "D-4" RESERVOIR "D-3" RESERVOIR "D-2" RESERVOIR "D-1" RESERVOIR 1 2 3 4 5 6 7 8 9 10 DIAL TOLL FREE 1 - 800 - 422 - 4133 AT LEAST TWO DAYS BEFORE YOU DIG T.M. UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA LANDSCAPE STATEMENT: I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CARLSBAD'S LANDSCAPE MANUAL AND WATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER. 11 12 PRIVATE RECYCLED WATER SYSTEM15092 AVENUE OF SCIENCE, SUITE 200 SAN DIEGO, CA 92128 858.385.0500 TEL 858.385.0400 FAX WWW.NV5.COM LICENSED L A NDSCAPE A R C HI TECTSTAT E OF CA L I F O R NIALS 3231MICHAEL D. S MYTHEXP. 03/31/2023 SCALE: IR-03 1 NTS CONTROL VALVE & BOX DETAIL SCALE: IR-03 2 N.T.S. MANUAL DRAIN VALVE DETAIL SCALE: IR-03 3 N.T.S. QUICK-COUPLING VALVE DETAIL SCALE: IR-03 5 NTS SPRAY HEAD WITH POLY FLEX RISER DETAIL SCALE: IR-03 9 N.T.S. TREE BUBBLER DETAIL - ROOT WATERING SYSTEM (RWS) SCALE: IR-03 4 NTS SLEEVING DETAIL SCALE: IR-03 6 N.T.S. ROTOR HEAD WITH ADJUSTABLE RISER DETAIL SCALE: IR-03 8 NTS RECYCLED WATER SIGN DETAIL SCALE: IR-03 7 NTS PIPE TRENCH DETAIL DIAL TOLL FREE 1 - 800 - 422 - 4133 AT LEAST TWO DAYS BEFORE YOU DIG T.M. UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA