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CCL Contracting Inc; 2023-04-24; PWS23-2038UTIL
Revised 6/12/18 Contract No. 5548-A Page 1 of 149 City of Carlsbad San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A BID NO. PWS23-2038UTIL Signed: 12/06/2022 _ Bidding Revised 6/12/18 Contract No. 5548-A Page 2 of 149 TABLE OF CONTENTS Item Page Notice Inviting Bids ..................................................................................................................... 7 Contractor's Proposal ................................................................................................................ 14 Bid Security Form ..................................................................................................................... 19 Bidder’s Bond to Accompany Proposal ..................................................................................... 20 Guide for Completing the “Designation of Subcontractors” Form .............................................. 21 Designation of Subcontractor and Amount of Subcontractor’s Bid Items .................................. 23 Bidder's Statement of Technical Ability and Experience ............................................................ 24 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ........................................................................................ 25 Bidder’s Statement Re Debarment ............................................................................................ 26 Bidder's Disclosure of Discipline Record …………………………………………… ...................... 27 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................. 29 Contract Public Works ............................................................................................................... 30 Labor and Materials Bond ......................................................................................................... 37 Faithful Performance/Warranty Bond ........................................................................................ 39 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ....................................... 41 Revised 6/12/18 Contract No. 5548-A Page 3 of 149 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ..................................................... 44 1-2 Definitions .................................................... ..................................................... 44 1-3 Abbreviations ............................................... ..................................................... 50 1-4 Units of Measure .......................................... ..................................................... 53 1-5 Symbols ....................................................... ..................................................... 54 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ..................................................... 55 2-2 Assignment .................................................. ..................................................... 55 2-3 Subcontracts ................................................ ..................................................... 55 2-4 Contract Bonds ............................................ ..................................................... 56 2-5 Plans and Specifications .............................. ..................................................... 57 2-6 Work to be Done .......................................... ..................................................... 61 2-7 Subsurface Data .......................................... ..................................................... 62 2-8 Right-of-Way ................................................ ..................................................... 62 2-9 Surveying ..................................................... ..................................................... 62 2-10 Authority of Board and Engineer .................. ..................................................... 63 2-11 Inspection .................................................... ..................................................... 64 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ..................................................... 65 3-2 Changes Initiated by the Agency .................. ..................................................... 65 3-3 Extra Work ................................................... ..................................................... 66 3-4 Changed Conditions .................................... ..................................................... 69 3-5 Disputed Work ............................................. ..................................................... 70 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ..................................................... 76 4-2 Materials Transportation, Handling and Storage ................................................ 80 Section 5 Utilities 5-1 Location ....................................................... ..................................................... 81 5-2 Protection .................................................... ..................................................... 81 5-3 Removal ...................................................... ..................................................... 82 5-4 Relocation .................................................... ..................................................... 82 5-5 Delays .......................................................... ..................................................... 83 5-6 Cooperation ................................................. ..................................................... 84 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ........................................ 85 6-2 Prosecution of Work ..................................... ..................................................... 87 6-3 Suspension of Work ..................................... ..................................................... 90 6-4 Default by Contractor ................................... ..................................................... 90 6-5 Termination of Contract................................ ..................................................... 91 6-6 Delays and Extensions of Time .................... ..................................................... 91 6-7 Time of Completion ...................................... ..................................................... 92 6-8 Completion, Acceptance, and Warranty ....... ..................................................... 93 6-9 Liquidated Damages .................................... ..................................................... 94 Revised 6/12/18 Contract No. 5548-A Page 4 of 149 6-10 Use of Improvement During Construction .... ..................................................... 95 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ..................................................... 96 7-2 Labor ........................................................... ..................................................... 96 7-3 Liability Insurance ........................................ ..................................................... 96 7-4 Workers' Compensation Insurance .............. ..................................................... 96 7-5 Permits ........................................................ ..................................................... 97 7-6 The Contractor’s Representative .................. ..................................................... 98 7-7 Cooperation and Collateral Work ................. ..................................................... 99 7-8 Project Site Maintenance ............................. ................................................... 100 7-9 Protection and Restoration of Existing Improvements ...................................... 102 7-10 Public Convenience and Safety ................... ................................................... 103 7-11 Patent Fees or Royalties .............................. ................................................... 111 7-12 Advertising ................................................... ................................................... 111 7-13 Laws to be Observed ................................... ................................................... 111 7-14 Antitrust Claims ............................................ ................................................... 111 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ ................................................... 112 8-2 Field Office Facilities .................................... ................................................... 112 8-3 Field Laboratories ........................................ ................................................... 114 8-4 Bathhouse Facilities ..................................... ................................................... 114 8-5 Removal of Facilities .................................... ................................................... 114 8-6 Basis of Payment ......................................... ................................................... 114 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................... 116 9-2 Lump Sum Work .......................................... ................................................... 116 9-3 Payment ...................................................... ................................................... 116 9-4 Bid Items ...................................................... ................................................... 120 SUPPLEMENTAL PROVISIONS TO PART 2, 3, 4 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ............................. ................................................... 124 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... ................................................... 125 201-3 Expansion Joint Filler and Joint Sealants ..... ................................................... 126 Section 203 Bituminous Materials 203-6 Asphalt Concrete ......................................... ................................................... 127 Section 213 Engineering Fabrics 213-5 Geotextiles and Geogrids ............................. ................................................... 128 Section 214 Pavement Markers 214-4 Paint for Striping and Markings .................... ................................................... 129 214-6 Pavement Markers ....................................... ................................................... 129 Revised 6/12/18 Contract No. 5548-A Page 5 of 149 Part 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation ................................................................................... 131 300-12 Storm Water Pollution Prevention Plan ............................................................ 131 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ...................................................................................... 134 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ............................................................................ 134 302-15 Public Convenience and Traffic Control ........................................................... 135 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures ......................................................................................... 136 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ....................................................................... 137 Section 306 Underground Conduit Construction 306-3 Open Trench Operations .................................................................................. 138 306-12 Backfill ............................................................................................................. 138 306-13 Trench Resurfacing .......................................................................................... 138 Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-4 Application of Traffic Striping and Curb and Pavement Markings ..................... 139 314-5 Pavement Markers ........................................................................................... 141 Part 4 Existing Improvements Section 400 Protection and Restoration 400-1 General ............................................................................................................ 142 400-2 Permanent Survey Markers ............................................................................. 142 400-3 Payment .......................................................................................................... 142 Section 401 Removal 401-3 Concrete and Masonry Improvements ............................................................. 142 Part 6 Temporary Traffic Control Section 601 Temporary Traffic Control for Construction and Maintenance Work Zones 601-1 General ............................................................................................................ 144 601-3 Temporary Traffic Control (TTC) Zone Devices ............................................... 144 601-4 Temporary Traffic Striping and Pavement Markings ......................................... 148 TECHNICAL SPECIFICATIONS 02960 Temporary Sewer Bypass Pumping Revised 6/12/18 Contract No. 5548-A Page 6 of 149 APPENDICES Appendix A Door Hanger Template Appendix B SWPPP Template Appendix C Special Use Discharge Permit Template (Encina Wastewater Authority) Appendix D Geotechnical Data Appendix E Supplemental Standard Drawing No. GS-26 (Modified) Revised 6/12/18 Contract No. 5548-A Page 7 of 149 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on February 15, 2023, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/departments/finance/contracting-purchasing, for performing the work as follows: Remove and dispose of approximately 580 LF of 12” VCP sewer gravity main, furnish and install approximately 580 LF PVC SDR-35 sewer gravity main replacement along Kelly Dr in the Carlsbad, California and including manhole rehabilitation, sewer bypassing, sewer lateral connections; 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; paving and site restoration. KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A PWS23-2038UTIL 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. 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 Revised 6/12/18 Contract No. 5548-A Page 8 of 149 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 City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate Revised 6/12/18 Contract No. 5548-A Page 9 of 149 securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the 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 City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. 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) 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. Revised 6/12/18 Contract No. 5548-A Page 10 of 149 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 $720,000. TIME OF COMPLETION The Contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not use federal funds. The following classifications are acceptable for this contract: A - General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City of Carlsbad website at https://www.carlsbadca.gov/departments/finance/contracting- purchasing Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. Revised 6/12/18 Contract No. 5548-A Page 11 of 149 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 February 3, 2023, 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 February 9, 2023. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City’s "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. PRE BID MEETING A pre-bid meeting and tour of the project sites will be held on January 24, 2023, at 1 p.m. at the City of Carlsbad located at 5950 El Camino Real, Carlsbad, California 92008. Revised 6/12/18 Contract No. 5548-A Page 12 of 149 UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General 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 City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1. Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1. Meet the conditions stated above for all insurance companies. 2. Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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 City Council of the City of Carlsbad, California, by Resolution No. 2022-285, adopted on the 13th day of December 2022. December 14, 2022 Date Graham Jordan, Deputy Clerk ,, •;;' Revised 6/12/18 Contract No. 5548-A Page 13 of 149 CITY OF CARLSBAD KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONTRACTOR'S PROPOSAL 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. 5548-A 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 A-1 Mobilization and Preparatory Work (not to exceed 5% of Schedule "A") A-2 Temporary Traffic Control A-3 Preconstruction Survey A-4 Storm Water Pollution Control (SWPPP) A-5 Utility Locating and Potholing A-6 Excavation Support System A-7 Dewatering A-8 Temporary Sewer Bypass A-9 Furnish and Install 15" SDR35 PVC Sewer Gravity Main Approximate Quantity And Unit LS LS LS LS LS LS LS LS LS Unit Price (Figures) Contract No. 5?48-A -PWS23-2038UTIL Kelly Drive Sewer Replacement Addendum No. 1 Total Amount (Figures) $ 8,~15 $ 3,450 $ , , \ so $ U~/IOj $ ?...b1 212 $ 2.1, 852 $ 89, L/36 $2.'1010'lb 6 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-10 Manhole Rehabilitation 3 EA $ 0 1bb7 $ 20,001 I A-1 1 Over-excavation and Backfill 70 CY $ 200 $ I~ I oco A-12 Aggregate Base LS $ 6,955 A-13 Asphalt Concrete Paving LS $ ~~,487:> A-14 Pavement Striping LS $ bl z,g A-15 Dewatering Pretreatment Allowance $30,000 Total amount of bid (in figures) for Schedule "A": $ __ b'"'--'/'-~-=,,,-1 5-=-_I D ________ _ Total amount of bid (in words) for Schedule "A": '5 IX. b UV"\6-f'eJ °'-V\ J ±b ,rte.el'\ -thou.~V'\c\ +~f""ee.. k~V\&-red ~nck +e.v,, SCHEDULE "B" -EL CAMINO REAL Item No. B-1 Description Mobilization and Preparatory Work (not to exceed 5% of Schedule "B") B-2 Temporary Traffic Control B-3 Preconstruction Survey 8-4 Storm Water Pollution Control (SWPPP) B-5 Utility Locating and Potholing B-6 Excavation Support System B-7 Dewatering B-8 Temporary Sewer Bypass Approximate Quantity And Unit LS LS LS LS LS LS LS LS Unit Price (Figures) Contract No. 5548-A -PWS23-2038UTIL Kelly Drive Sewer Replacement Addendum No. 1 Total Amount (Figures) $ 7,700 $ ~00 $ ?JOO $ 500 $ 151 I 00 $ 0,,00 $ ~12.00 • $ 751c;oo 7 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) B-9 Furnish and Install 12" SDR35 LS $ '36,ooo PVC Sewer Gravity Main (Sta. 8+69 to Sta. 9+31) B-10 Manhole 17B-10 Rehabilitation 1 EA $ 10/Z.OO $ IOl2.00 B-11 Over-excavation and Backfill 20 CY $ 150 $ 15looo B-12 Aggregate Base LS $ 150 B-13 Asphalt Concrete Paving LS $ 5ll00 B-14 Pavement Striping LS $ 330 B-15 Dewatering Pretreatment Allowance $4,000 Total amount of bid (in figures) for Schedule "B'': $ __ .:....l-=5'----'-7-'.''--""5_8=--cO=--------- Tota I a mount of bid (in words) for Schedule "B'': --J,.Q,L• .... n.,..,e,_~..i:.b..ulJ.=Y\..,..J'-nJ.e...,.J,:___...!,C!A=-=--(1.u.cl,Q..__f:_,_; f~i----'l~ Seinn i:bouso.""'J -tiv~ Y\lrw,~rej °'-V'IJ e~<j~t'f , The City shall determine the low bid based on the sum of Schedule "A" and Schedule "B". After the low bid has been determined, the City 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). I has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacitr of a contractor within the State of CaA ornia, validly licensed under license l~' '14S8!J , classification _ ___,__.__ ____ which expires on ~ j ~ , and Department of Industrial Relation P registration number l O ' '435 which expires on 6 '30 , and that this statement is true and correct and has the legal effect of an affi avit. Contract No. 5548-A -PWS23-2038UTIL Kelly Drive Sewer Replacement Addendum No. 1 8 A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non responsive and shall be rejected by the City§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 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 _i,........_,(._~ ___ "'S'---&; __ ·YV()---'-----(Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 5548-A -PWS23-2038UTIL Kelly Drive Sewer Replacement Addendum No. 1 9 Revised 6/12/18 Contract No. 5548-A Page 17 of 149 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 ___________________________________________________________________ IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted __ C._e..,,_L __ c..o_,-.,_T_ft/._~_~_. _11\1_li __ lfv_£....-__ _ Impress Corpon:;te Seal here (3) Incorporated under the laws of the State of _-=.~ __ f ,_ti_o_m_1_a _________ _ (4) Place of Business ,q,s CurJ L-6,Co pu Lb (Street and Number) City and State ef/_,l) NI) /IOI> CA (5) Zip Code qz_p?.,'7 Telephone No. 'JbO 'J'(J ..-,ZZSf (6) E-Mail J>UJ Sf:(CcA_ c-.i) SB~LO&ol-.,J~..,- 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: 1b k-i & MA Jv~,.J pl'e St OS.NJ" /-ru" :;t,l{l-0 B,yr1 Lu,h V, P. /Sc~ Contract No. 5548-A -PWS23-2038UTIL Kelly Drive Sewer Replacement Addendum No. 1 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 0088GOOC&tlt&.2JJOfJflO [)~(] DICJOO:O@O 8:00& co:~:o:o:OOOU88:oa 1:00 o:oo:ooi II CO:Ol lfte;00:()Q0800lJ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } on '2/('1£7-3 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC ate Here Insert Name and Title of the Officer personally appeared -------------'B'-R--'-Y_A--'----'N---'L'--'U'-S'-K_Y ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nameffij is/-afe-subscribed to the within instrument and acknowledged to me that he/sl-le,'tl-ley executed the same in his/1-iera/·U~eir authorized capacityfies), and that by his/her;their signature(s) on the instrument the person(sj, or the entity upon behalf of which the person(~) acted, executed the instrument. ,61<~,r;,,,..----;;AzY ~N; RODR7Gu~z 1 COMM.#2318838 }> SAN DIEGO COUNTY }> NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRESJ--' JANUARY 11, 2024 _ <..> c::.> <,;> <.> <..> <..> :c;..o <.:> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;goat"'e J/i~if 2N~ubHc OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ~8.;...R'-'Y-'-A-'-N.c.....::cl..;;:.U...;:;S..c...K'-'Y~c-=--~--~ Corporate Officer -Title(s): SECRETARY □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ r- BID SECURITY FORM (Check to Accompany Bid) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A (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 City of Carlsbad, in the sum of dollars ($ ______ _,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.) {"\ •;, Revised 6/12/18 Contract No. 5548-A Page 19 of 149 BIDDER'S BOND TO ACCOMPANY PROPOSAL KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A KNOW ALL PERSONS BY THESE PRESENTS: That we, CCL CONTRACTING, INC. I as Principal, and LIBERTY MUTUAL INSURANCE COMPANY , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF GREATER AMOUNT s,o c10%)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: KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 2ND day of FEBRUARY , 20--fL_ LIBERTY _C_C_L_C_O_N_TR_A_C_T_IN_G-'''-I_NC.;_. _____ (SEAL) MUTUAL INSURANCE COMPA NY (SEAL) By: &(cS;& 1 .gal) e) By: ~(So et:) ~ U ~ • (Signature) BRYANLUSKY,SECRETARY (Print Name/Title) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: &J/Vvk !;. ;Ud'-'UU'l/Y\- eeneral Counsel-(: cl:::! A tt ov""'~ ('\ •,r Revised 6/12/18 Contract No. 5548-A Page 20 of 149 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 IID)ljlllll O [)'.8(mll:I JD B0800000DIEll(I081llJOOOOOOOOIDUU 111:8108{ 0 Jit(i OD IJJ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On __ 'J,.~/_1_'1-+/_l,_? _____ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ___________ B='-'R'-'-Y-'-A"-N-'--=L=U-=S-'-K'"'Y _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose name~ is/-ai:e-subscribed to the within instrument and acknowledged to me that he/si'lc,'ti,ey executed the same in his/l'lcrfti'lcir authorized capacity!+e5), and that by his/l'lcrftl'lcir signature(5) on the instrument the person(5¾, or the entity upon behalf of which the person{'!t) acted, executed the instrument. f. SANoRA f ,GU,RoA 1 ,.. COMM.# 23341 OB ~ SAN DIEGO COUNTY ! . NOTARY PUBUC-CALIFORNIAi L MY COMMISSION EXPIRES l SEPTEMBER 22, 2024 <.> <:> <..>-<> <> <> zc:;.::z <> <>"' <.> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _B_R_Y_A_N_L_U_S_K_Y ______ _ Signer's Name: li(J Corporate Officer -Title(s): SECRETARY □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General o Partner -o Limited o General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ill DD DD DD □ (Jf] D 1)1(] D □ □ □-fi D [lfiaaal( 6 5 5 J 118 00™13 □E D E [Jr □ 31JP110&80:0UO F□ □-fi D □ llUl □ J B □ □ D □ D □BB ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 I ■■ HJ II P [)808009080000080:8800tllUOO:OOO 00041 0 Ell:fllll11111016iJ Bil DOE O 0@8800 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On ____ 2_1_21_2_02_3 ____ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_._IA_T_A_R_O_L_A ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose name~ is/ai:e-subscribed to the within instrument and acknowledged to me that he/shelthe:y executed the same in his/her/their authorized capacity{+es), and that by his/her/their signature(~) on the instrument the person(6), or the entity upon behalf of which the person{5) acted, executed the instrument. T c-= c:, =sANDRAFIGUEROA1 e COMM.#2334108 )> ,.. SAN DIEGO COUNTY )> ~ NOTARY PUBLIC-CALIFORNIA~ ~ MY COMMISSION EXPIRES J L-<> = = JEf_TE~B.5R3"2,,3,0~ Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual Kl Attorney in Fact □ Trustee o Guardian of Conservator □ Other: Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Individual o Trustee D Other: o Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ 1001111000 D D D o a !JO 1 10 [OOIOl{Jl)ffl] ua 11111 1 DO 115[ HUlll\l D D D D EIOOO ©2017 National Notary Association ~Libert):: ~Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _H_e_le_n __ _ Maloney; John G. Maloney: Mark D. Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually tt there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as tt they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company ~ By bi'"" u C ~m ro David M. Carey, Assistant Secretary c .a :g-~ State of PENNSYLVANIA ss -~ ::, ~ Cl County of MONTGOMERY .Q E ~ ~ On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ GJ ~ ni Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !E ~ i _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ @) Qlro ~ -::, IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. <( c~ o~o ro~ ~ ? ~ Commonwealth of Pennsylvania -Notary Seal ~ Jj Q Teresa Pastella, Notary Pubhc A-,.... /} ~ 'cij _ Q) Montgomery Coonty (I/, ~ . . 1 ~ '-E g (0 "'~ My~:~:::;~~~,1~~2025 By: ... ~~-------------------,~ ~ -'-_,_ "'•,.-,,,..i-• . ~---------~ feresa Pastella, Notary Public <( o (1) _ . .,.01 ·,,r ::_ ..,:,:...,~ Member, Pennsyfvan1a Association of Notanes _,_. 0 Cl :{J 4;;y pu~ ~ 0 ..,. ro~ ~N .g> ~ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ";) ~ .!:_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: tf. ~ ._ ~ ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 0 6 .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a ..- ;g ~ President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ g? li; any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c ~ 0 ::: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § GJ z 13 instruments shall be as binding as ~ signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the := ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII-Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as tt signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certfy that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this~ day of FEBRUARY '~- //-~.~ By:...-~~-=-,.,..-....,,...__,......,...,---,-,=----,--------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Mull, Co 02/21 Revised 6/12/18 Contract No. 5548-A Page 21 of 149 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 City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 6/12/18 Contract No. 5548-A Page 22 of 149 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A 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 th e 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 Amount of Phone No. DIR Subcontractor's Portion of Subcontractor Name and and Email Registration License No. and Work by Work Location of Business Subcontractor Address No. Classification* in Dollars* A.r r ,:v11·,.~d ~,-,\m(ol..d-V,.,,,,v __ t,,iq.4t,c;-7WI , Mm()1G\~LL 1 'l..l.l+l{'l, GI;).. It :J '1 1 u-c,, A".-\ -f'u..o ,,-,\r _ <;.oo,.i1_\r,:i110,i' e:;f,;...of,i\t:. l,"<.P,;l ' / , r~: ' .. I flt /;~4U jnr~, f.lr I ~"'"' (M,,. L ]p f\. \...-10~.-. I {\, -l-.;, ,_ .i. I ~-:_ f1t;J-47 I -1"lflf? I tit\!)() 11. ,Ci C:.. TJi'J,7~ r~w • \ c:; "4-U. •0.1, a"L., /i(l,J ,y'): I l>I> ,·Ac. (fJ. a , .. .-il,:i_,,, c I/ f> "I'.-. " ' , , I t_;." i r-C» • I I c., • Ci6'rh l~:o 1 1 f\.1o r..,,,,..DO !-'il.,,,JN.a .. + M r.nit'" ... q~1~lJ.~-J.7l}q I noo {)(\ 14 7 L 77/-7.,")/_ 'i ":, G:,?,~ I ·ok,A.:..,:+ rill . II ,t-i e,-CCA e )l,t""'1·,. ~ ... I ---I n~~ 111t<r\-~----J.:.t,.• • r;-. •. Page _J_ 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." {'. •+r Revised 6/12/18 Contract No. 5548-A Page 23 of 149 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A The Bidder is required to state what work of a similar cha racter 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 sewer gravity main in stallations and shall demonstrate successful completion of at least five projects involving sewer gravity main construction and manhole rehabilitation with a value of $1,000,000 or greater and similar in type and size to th e Work of the proposed Contract. Bidder must also submit the qualifications of its Representatives in accordance with Section 7-6. The proposal shall be deemed non-responsive if the required technical ability and experience for the Bidder or its representative is not demonstrated. Date Contract Name and Address Name and Phone Amount of Completed of the Employer No. of Person to Type of Work Contract Contract 10/1?-/1-1 Ct T"f 0-"F 6IJC..l lvl1 45 MATT Stwsfl-?,,WS/17 , . IW &U't'-~;J-~t\el \I(/ I bet.St:.. I ENCJNITA~ l.A"" ~ ' 7/..o f::.33-·lSa.. 8 A'1 Ii 9i & f'1 of e,u IV13 '00 ~'""'1 Se~(L 5; 8'-f v, "'-'T , I lot IJ\ 8(tJ;GPwP1 l 8;fJO<.> (~ . W\,liO ,, M,j I f,~JVO,(P ~. ?bu 83 ~ -Lf ~'-I l5",, Pt! c.. n.,/,s As fu..Ll '-'rot-~ f, V . D JO<.-f-~~<"' ( ,35'-f ,'-'11 . 11D e,, AA, ~S(oN f!..-1 ~~E ~pt~rwtstvt . 1t,,ll b~oi. ell 7-n 721>-112...-S- B 2/z~ /,?J f!.t N 0--P e.$<,()lVD1P (l~J., 11,~ L,f 9,oT7/J41 ~ 1.ol tJ , &rot-~ •vtv'J J,4A-,0 N t,.J _5 r,( 8"-12 .. A.Ii C::.,y:-'NOll'Jv UJ :?bn 531 ~ lf (.6 Y .)f.l.L>L {". •~ Revised 6/12/18 Contract No. 5548-A Page 24 of 149 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A The Bidder is required to state what work of a simil ar 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 sewer gravity main installations and shall demonstrate successful completion of at least five projects involving sewer gravity main construction and manhole rehabilitation with a value of $1 ,000,000 or greater and similar in type and size to the Work of the proposed Contract. Bidder must also submit the qualifications of its Representatives in accordance with Section 7-6. The proposal shall be deemed non-responsive if the required technical ability and experience for the Bidder or its representative is not demonstrated. Date Contract Name and Address Name and Phone Amount of Completed of the Employer No. of Person to Type of Work Contract Contract s /,L-( /r1 LEUCJJOiA W'tl:>n. {il.O '1JJ f..t c..H ,4 IL.{) Se.wv l.'izs.oo, ' ICUD LA u,-,,~ $'TtN~~rJ -uE t111rfsh~J eJJ 71:,o 7>'1-OlSS' l' •+r' Revised 6/12/18 Contract No. 5548-A Page 24 of 149 RODNEY L. CHILCOTE 14224 EAGLE MINE DRIVE POWAY, CA 92064 PROFESSIONAL EXPERIENCE CCL Contracting, Inc. (760) 525-1883 RC HI LC OT ECCL @ YAHOO.C OM Estimator I Project Manager Sep 2009 -Present • Estimator and Project Manager for public and private works projects for underground utilities, including Jamacha Road consisting of 27,000 LF of 36-54" CMLC Steel Waterline at 14.2 million for Otay Water District, Yorktown 36"-48" CMLC Steel Waterline Rehab for City of Huntington Beach at 2.6 million, Pipeline Project 2242 with 7,500 LF of 8"-1 O" PVC Water at 1.2 million for Helix Water District, Springdale Street 36" CMLC Steel Pipe Waterline and Street Rehab for the city of Huntington Beach at 6.4 million, Dana Point Town Center -2,000 LF of I 8"-60" RCP Storm Drain, 3,000 LF of 8"-15" PVC Sewer, 7,000 LF of 8"-1 O" PVC Water at 4.8 million for So. Coast Water District, Wineville Segment A -19,000 LF of 36" CML C Steel Pipe at 10.7 million for Inland Empire Utilities Agency (IEUA), Tesoro Zone 11 And Zone B - 15,400 LF of20" -24" CMLC Steel Pipe for domestic and reclaim water, 1,500 LF of 18" PVC sewer and bypass, grading and roadway improvements at 4.9 million for Santa Margarita Water District (see attached project list for additional projects) Chilcote & Company President -Construction Management Aug 2005 -Sep 2009 • Manages and directs day-to-day operations • Prepares budgets and feasibility studies • Manages and monitors contractors and consultants selected to perform, design and inspect the project's site developments from earthwork thru building improvements • Oversees development of bid documents, contractor solicitations, and bid results and contract administration for both private and public works improvements • Reviews, negotiates and mitigates contractor in itiated change orders • Develops schedules for construction activities J.T. Kruer & Company Manager -Estimating & Technical Services Feb 2005 -Aug 2005 • Acts as Chief Estimator • Manages the Estimating & Technical Services staff • Prepares budgets and feasibility studies • Oversees development of bid documents, contractor solicitations, and bid results • integrates successful bid awards' information to Contract Administrator Project Manager, Senior Estimator 1999-Jan 2005 • Director of construction activities for the Rancho Cielo Estates project, including management, administration and coordination of all contractors and consultants actively working on this project Manages the Estimating & Technical Services staff • Construction manager for the Rancho Santa Fe Fire Station No. 4 (approx. I 0,000 sf / $4,150,000 facility) and Cielo Clubhouse (approx. $7,000,000 facility) in the Rancho Cielo Estates project. • Performs on-site management of grading, underground utilities, surface improvements and landscaping phases as Senior Construction Manager for San Diego Spectrum (a $15 million Lennar Paitners project) • Manages and monitors contractors and consultants selected to perform, design and inspect the project's site improvements • Develops schedules and budgets for construction activities • Reviews, negotiates and mitigates contractor initiated change orders .RODNEY L. CHILCOTE (760) 525-1883 Wier Construction RCHILCOTECC L @ Y AHOO.COM Project Superintendent 1998 -1999 • Managed the schedule of the Rancho Santa Fe Road widening project for grading, underground and related improvements (this project was for the City of Encinitas) which encompassed underground utility locations to accommodate widening, surface improvements and cast-in-place retaining walls Vadnais Corporatio n Project Engineer and Manager 1995 -1998 • Estimated and managed large public and private projects for underground, including Balboa Sinkhole Project (a $4.2 million emergency repair project for CalTrans) consisting of a 24-hour operati on to replace a I 08" CMP storm drain that failed • Performed as Estimator, Project Manager and/or Contract Administrator for multiple projects, including Miramar Pipeline Project at $10.2 million, Irvine Sewer South Project at $2 million and Convention Center Water Improvements for the City of San Diego at $2 million Chilcote, Incorporated Vice President of Operations 1981 -1995 • Oversaw all aspects of private and public projects, including the Ramona Pipeline for San Diego County Water Authority at $10.5 million, Highway-52 West at $16 million for CalTrans, the Temecula Creek Channel improvements at$ I I million, Pomerado Bus iness Park mass grading project at $25 million, the First San Diego river project for the City of San Diego at $25 million and the Morena Boulevard Sewer for the City of San Diego at $20 million • Worked and participated closely with Project Manager, Superintendent and Contract Administrator • Started as genera l labor for home building division, equipment repair shop • Promoted multiple times to increasingly more responsible positions including Heavy Equipment Mechanic and Operator to Senior Estimator for underground and grading 2 1P age Russell Medina (Foreman/Safety Manager) Qualifications Over 20 years of experience in underground construction of which 5 years have been in supervision and Safety. Experienced in all aspects of underground construction including installation of small and large diameter waterlines, small and large diameter sewer pipeline projects, storm drain systems. Education Apprenticeship Training: 40 hour HAZWOPER: 24 Hour S WPPP : First Aid Training: CPR Training: Confined space Training Competent person Training Rail Road Safety Training Employment Laborers Union 2012 AGC California 2009 On going, re-certified every three years On going, re-certified every year NUCA2010 AGC 2007 2005 2002-Present Foreman/ Safety Manager, CCL Contracting Inc Responsible for laborers and operators in the completion of daily field work, implementing daily traffic control, public liaison, and safety. Conduct weekly safety meetings. 2001-2002 Laborer, Vido Artukovich & Son, Inc Set up traffic control, install shoring jacks, rig pipe, asphalt paving. Thomas Carmichael Qualifications Over 40 years of experience in underground construction of which 3 3 years have been in supervision. Experienced in all aspects of underground construction including installation of major aqueducts, HDPE I PVC small and large diameter sewer pipeline projects, water aqueduct encasements, storm drain systems ( open concrete channel and box culverts) design and installation of steel liner systems used in the rehabilitation of major water lines as well as micro-tunneling. Education Apprenticeship Training: Local 12, Operating Engineers 6/78-6/82 Competent Person Training Seminar: Association of General Contractors 1988 Traffic Control Seminar: City Of San Diego 1996 Crane Safety Seminar: St. Paul's Insurance 200 1 Construction Safety Management and Regulatory Compliance Training: City of San Diego 2001 First Aid Training: On going, re-certified every three years CPR Training: On going, re-certified every year Employment 2002-Present Superintendant/President, CCL Contracting Inc 2001-2002 1987-2001 1984-1 987 Responsible for fieldwork, scheduling, public liaison, and safety. Superintendent, Vido Artukovich & Son, Inc Responsible for organizing daily schedules for maximum productivity, supervision of 18 employees, safety management fo r crew and public, order all necessary materials and coordinate subcontractors. Superintendent, Vadnais Corporation. Responsible fo r organizing daily schedules for maximum productivity on 2-5 projects per year ranging in size from one to ten million dollars. Responsible for mobilization, establishing accounts and crew set up for work out region. Maintain and maximize budget expectations. Supervision of crew sizes 15 to 25, safety management for crew and public, ordering of all necessary materials and subcontractors. Design of specialized equipment for lining division. Foreman, Vido A11ukovich & Son, Inc. Running Crews for installation of sewer and water pipeline projects. 1982-1 984 1978-1982 Operating Engineer, Various Companies Responsible for running heavy equipment as specified by foreman or superintendent at job site. Apprentice, Vido Artukovich & Son, Inc. Complete apprenticeship training for Operating Engineers. BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A 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: Kl 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, wi ll 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. 5548-A Page 25 of 149 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ,MPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~1~cT Norma Fiaueroa Alliant Insurance Services, Inc. rI1~N.t ~ ..... 619-849-3871 I FAX CA License No. 0B63293 IAJC Nol: 619-699-2163 701 B Street, 6th Floor ~oMl~~SS: nfiaueroa@alliant.com San Diego CA 92101 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Travelers Pronertv Casualtv Co 25674 INSURED CCLCONT--01 INSURER a : Travelers lndemnitv Comnanv of CT 25682 CCL Contracting, Inc. INSURER C: 1938 D o n Lee Place Escondido CA 92029 INSURER D: INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER: 1438691829 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,;3Jc\&~ ,~37J%~ LTR •••en lun,n POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABILITY y y DT22-C0-4E524998-TCT-23 4/1/2023 4/1/2024 EACH OCCURRENCE $1,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE: l U Kt:N l t:U PREMISES 1Ea occurrence\ $300,000 X Ded. $5,000 MED EXP /Anv one oersonl $5,000 -PERSONAL & ADV INJURY $1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0 PRO-D Loc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY y y 810-8M54 7958-23-26-G 4/1/2023 4/1/2024 fe~~~~~llNGLE LIMIT $1,000,000 f---X ANY AUTO BODILY INJURY (Per person) $ f---OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY f---AUTOS HIRED NON-OWNED ip~~~.;°c~d"Z,RAMAGE $ -AUTOS ONLY ~ AUTOS ONLY $ A X UMBRELLA LIAB H OCCUR CUP-3J055535-23-26 4/1/2023 4/1/2024 EACH OCCURRENCE $4,000,000 f--- EXCESS LIAS CLAIMS-MADE AGGREGATE $4,000,000 ✓ OED I X I RETENTION $ 1 n Mn PRODUCTS.COMP/OP AGG $4,000,000 A WORKERS COMPENSATION y UB-3K125075-23-26-G 4/1/2023 4/1/2024 x r ~f~TUTE 1 I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N /A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $1,000,000 ~~;~~:;;'fi~ otOPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement #PWS21-1138UTIL, Contract #5019-E, Valve Replacement -Phase II. The City of Carlsbad, its officials, employees and volunteers are included as Additional Insureds on primary and non-contributory basis, per project aggregate applies, waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1,.,-...,,, City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o E X IGIS Insurance Compliance Services P.O. Box 947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564 e.--, ~-P~ -I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: DT22-CO-4E524998-TCT-23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury'' caused by an offense that is commtted, subsequent to the signing of that contract or ageement and while that part of the contract or ag-eement is in effect; and b. If, and only to the extent that, such inj.Jry or damage is caused by acts or omissions of you or your subcontractor in the performance of "your wor1('' to Wlich the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following rxovisions: a. If the Limits of Insurance of this Coverage Part shov,,n in the Declarations exceed the minimum limits required by the written contract or a!)'"eement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of detemining whether this !irritation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal inj.Jry" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury'' or "property damage'' caused by "your wor1('' and included in the "products-completed operations hazard' unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any inj.Jred persons and witnesses; and (c) The nature and location of any inj.Jry or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: CG D2460419 © 2018 The Travelers lndermity Company. Al IYJ/lts reserved. Pcge 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suif', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is ptimary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV -Commercial General Liability Conditions. Page2of2 © 2018 Toe Travelers Indemnity Corrl)any. AD rights reserved. CG D2460419 POLICY NUMBER: DT22-C0-4E524998-TCT-23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any inj.Jry, damage or medical expenses described in any of the provisions of this endorsement may be excluded or linited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or linited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured -Unnamed Subsidiaries B. Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under sinilar other insurance. No such subsidiary is an insured for "bodily injury'' or "property damage" that occurred, or "personal and advertising inj.Jry" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II -Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: c. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability-Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising inj.Jry" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily inj.Jry'', "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily inj.Jry'' or "property damage'' included in the "products-completed operations hazard". CG DJ 160219 © 2017 The Travelers Indemnity Coffl)any. All riglts reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., IMth its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENT AL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily inj.Jry'' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or ''volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "wlunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours tor you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bcdily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and coll~ble other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily inj.Jry" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising inj.Jry" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; Page2 of3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 0219 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The folloong replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG Dl 160219 © 2017 The Travelers Indemnity Co~ny. All rights reserved. Page3 of3 Includes copyrighted material of Insurance Services Office, Inc., IMlh its permission. POLICY NUMBER: DT22-CO-4E524998-TCT-23 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used an)"Mlere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance cof'r4)anies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Ill -Limits Of Insurance or the Non currulation of Personal and Advertising ln)Jry Limit provision of Paragraph 4. of Section Ill - Limits of Insurance applies because the Amendment -Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising ln)Jry Limit endorsement is included in this policy; (iii)Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the prm,1der of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used an)"Mlere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a prOvK:fer of insurance. a. Prinary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether ptimary, excess, contingent or on any other basis: (i) That is Fire, Exlended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage''; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II - Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section II -Who Is An Insured, e>eept when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a namm insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suif' if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG T1 000219 © 2017 The Travelers Indemnity Company. All nghts reserved. Page 15 of21 Includes copyrighted material ot Insurance Services Office, Inc. With rts permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable linit of insurance or none of the loss remains, whichever comes first If any of the other insurance does not pennit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance at all insurers. d. Prinary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a Wlitten contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory Oasis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily inj.lry'' or "property damage" for which coverage is sought occurs; and (2) Tne "personal and advertising inJJry'' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premitm Audit a. We will compute all premiums for this Coverage Part in accordance >Mth our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the e~ to the first Named Insured. c. The first Named Insured must keep records of the information we need for prerrium cofTl)Utation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We ha\e issued this policy in reliance upon your representations. The unintentional omission of, or unintentional erra in, any information prm,1ded by you which we relied upon in issuing this policy will not pre)Jdice your rights under this insurance. However, this prm,;sion does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against Vwtlom claim is made or "suit'' is brought 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Cowrage Part, we v11ill mail or deliver to the first Named Insured shoV\41 in the Declarations written notice of the nonrenewal not less than 30 days before the e)(J)iration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or sennces for the purposes of attracting customers or supporters is considered an advertisement. Page16 of21 ~ 201 7 The Travelers Indemnity Company. All nghts reserved. CG T1 000219 Includes copyrighted matenal of Insurance Servtces Otnce, Inc. with Its perrrnssion. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22-CO-4E524998-TCT-23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG 02 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag - gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A {SECTION I) and for all medical expenses caused by accidents under COVERAGE C {SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" wi ll reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2110104 POLICY NUMBER: 810-8M547958-23-26-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which I. J. K. L. M. N. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We m<:iy, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB-3K125075-23-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER} We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be mium. % of the California workers' compensation pre- Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER, Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) UB-3K 125075-23-26-G Endorsement Effective 4/1/2023 Policy No. Endorsement No. /,'/ ~A==-/_ emium Insured CCL Contracting, Inc. Insurance Company Travelers Property Casualty Company of America DATE OF ISSUE: 4/1/2023 ST ASSIGN: I.. ,. -~ - Countersigned by __ ,---'<---,...:;.-----'------"'" Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A 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 party debarred agency agency period of debarment period of debarment BY CONTRACTOR: CCL G:>1Jlr'l~cl/t.Jl.., 1>v<.. (nam~f Contractor) By:---------~__,,.__,__ _____ _ gnh~ --l-,~..,<...-'ty'-'-1--'11.<..:.L.w.::.....(p-rint--"""0'--m~-,~-e) ____ ,"-"~lL/l-~ Page _L of _i_ pages of this Re Debarment form ,, •+;' Revised 6/12/18 Contract No. 5548-A Page 26 of 149 .. BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A 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? x.. 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 o)(,e 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 _L of __1_ pages of this Disclosure of Discipline form l' •+;' Revised 6/12/18 Contract No. 5548-A Page 27 of 149 • • BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A 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: CG L u:JlJT)t.i)L,T l 1'.1-i /-,..JL, (name of Contractor) Page ___1_ of -1:_ pages of this Disclosure of Discipline form l' •;;' Revised 6/12/18 Contract No. 5548-A Page 28 of 149 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 KELLY DRIVE SEWER REPLACEMENT The undersigned declares: I am the ~{e,.tCtq of~\.,-- CONTRACT NO. 5548-A ... ~ 1rJl/ ,..;r(U' c_,{h v -) (;) , 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 _9llifornia that the for;riing is true and correct and that this declaration is executed on re 6r {.J..,O;t--,,'J I , 20 2=$ at f5µJ/VlJl/tJ [city], (!,./J [state]. ~ 7 ' ,, •+;' Revised 6/12/18 Contract No. 5548-A Page 29 of 149 CONTRACT PUBLIC WORKS This agreement is made this Z,{tv" day of fr? ii\\ , 2023, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and CCL Contracting, Inc., whose principal place of business is 1938 Don Lee Place, Escondido, California 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A {hereinafter ca lled "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of th is condition of th e Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City l". •+r Revised 6/12/18 Contract No. 5548-A Page 30 of 149 Revised 6/12/18 Contract No. 5548-A Page 31 of 149 does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 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. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, Revised 6/12/18 Contract No. 5548-A Page 32 of 149 damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City 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 City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or Revised 6/12/18 Contract No. 5548-A Page 33 of 149 borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (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 City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self- insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11 . Claims and Lawsuits. All claims by Contractor 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 th e 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 th e 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 ca use of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to crimina l 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 fa lse inform ation or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The prov1s1ons of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City Council of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipu lates 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. f(L,/ init ~ C, init l' •;;' Revised 6/12/18 Contract No. 5548-A Page 34 of 149 Revised 6/12/18 Contract No. 5548-A Page 35 of 149 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. /// /// /// /// /// /// /// /// /// /// 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORA TE SEAL) CONTRACTOR: ~i-CvWTl'L-0 C:r/l"bi 1J.Jl (name of Contractor) By: __ __,_&_-,1'-4--/.-x--~--+--------v (sig~ ,,~ Ull ftt:i ~ CITY OF CARLSBAD, a municipal corporatip_n ~1 i tate~ California By: v v'l w~ ' KEITH BLACKBURN, Mayor ATTEST: d-0 SHERRY FREISINGER, City Clerk 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 City Attorney By: t!4aM;lu le-. M4,lial/J/1v City Aftorney l' •,r Revised 6/12/18 Contract No. 5548-A Page 36 of 149 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ••••• D aoaao·AfflBOIODIIIOOIIOr08[JO:f}88101811 lflllOOIGIIO@IIIC80:8€0IMOftaOl:IJOll06 DO BOOBO:O DD DJ 6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On Mlz3 bate } before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Nome and Title of the Officer personally appeared ___________ B=.;..cR'"""Y.;_A"'""N"'-=L-"-U..;:;S_;._K'""Y _____________ _ Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose namelet is/~subscribed to the within instrument and acknowledged to me that he/slwlthe~ executed the same in hisihe~heir authorized capacity!ie5), and that by his/herftheir signature(-s) on the instrument the person(s¾. or the entity upon behalf of which the person(-s-) acted, executed the instrument. r. SA,joRA F,GUeRoA 1 ,-COMM.# 2334108 • SAN DIEGO COUNTY I . . NOTARY PUBLIC·CALIFORNIA~ 1 MY COMMISSION EXPIRES l SEPTEMBER 22, 2024 <.> <> <> <> <> Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: -=B:..:.R..:..:Y:...:.A..::.N..:....=.LU=-S=-KY:...:....:.. ______ _ Signer's Name: ____________ _ w Corporate Officer -Title(s): SECRET ARY □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 11110 D 810 13111808090 aal80fJlNJ J J ICIDDOIIDNODO EtOOD1MJ(] D C8CR80Bil I ......... Ill D ll(}OflOOll ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 l311():0IIJBC.rl0iillllltll:881111Ur.fl880'£ 0 DD O OOUl)OOOOOOOOOUOOII 380013 E ODtlllll8iBOOIDIOHll:800~088 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On •¢/z3 !Date before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared ___________ T.:...:Hc.;.O=M.:.:..A.:..::S::....:::C::...:.A::....R:.:..:M:.:..:1-=Cc:...H::....A.:.::Ec=L=------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-ai=e-subscribed to the within instrument and acknowledged to me that hch,Relti'ley executed the same in hisfi'lerttRcir authorized capacityfje5), and that by his/Rerl·U'leir signature(5) on the instrument the person(s), or the entity upon behalf of which the person(-!t) acted, executed the instrument. r. SANoRA F,GU,AoA 1 ,... COMM.# 2334108 SAN DIEGO COUNTY ~ · NOTARY PUBLIC·CALIFORNIAi l MY COMMISSION EXPIRES l SEPTEMBER 22, 2024 <> <.> <> <.> c:::> <> <..> -<> :c:::> '<>' Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: THOMAS CARMICHAEL !!'ii Corporate Officer -Title(s): PRESIDENT □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee o Guardian of Conservator □ Other: Signer is Representing: _________ _ 0008 II Pl D D D D D D D D lJilJI 1800000001J'. i D ll J8SJ 2 ©2017 National Notary Association Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual o Trustee D Other: □ Attorney in Fact o Guardian of Conservator Signer is Representing: _________ _ JlJt1JOOOlJ'UICIIUIIOlll:llllllAl0808:6H)OCIJ=OOO ETIJP O 0 .. BOND NO. 024266097 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad located in the State of California has awarded to CCL Contracting, Inc. (hereinafter designated as the "Principal"), a Contract for: KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond , providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in , upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, CCL Contracting, Inc., as Principal, (hereinafter designated as the "Contractor"), and LIBERTY MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred seventy thousand eight hundred ninety dollars ($770,890), said sum being an amount equal to: one hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind , consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,., •ff Revised 6/12/18 Contract No. 5548-A Page 37 of 149 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 ___ ST_H __ day of _____ A_P_R_I_L ____ , 20_2_3 _ C _C_L_CO_NT_R_A_C_T_IN_G_,_IN_C_. _____ (SEAL) (Principal) By ~~ (ignatur ) BRYANLUSKY,S::Y (Print Name & Title) LIBERTY MUTUAL INSURANCE COMPANY (Surety) (SEAL) By: ~ E), d~ (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: tvuda le_ /1/ul1tll~f'l/ City Atto'rney ,, •;;' Revised 6/12/18 Contract No. 5548-A Page 38 of 149 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 o,aaae• ?1:fl008Q@00006080:oeouaJ0808008il □ o o mooil □ o aa aa@ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California } County of ___ SA_N_D_I_E_G_O ______ _ On ___ 4__,/~~-.,.+-/_Z3 ____ before me, SANDRA FIGUEROA, NOTARY PUBLI C Date Here Insert Name and Title of the Officer personally appeared ___________ B_R_Y_A_N_L_U_S_K_Y _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/.afe-subscribed to the within instrument and acknowledged to me that hc/sRefti'ley executed the same in hisfi'lertl:R eir authorized capacity~). and that by his/i'lerfti'leir signature(:;) on the instrument the person(~. or the entity upon behalf of which the person(5) acted, executed the instrument. r .-sANoRA F1GUeRO: 1 ,.. COMM.# 2334108 SAN DIEGO COUNTY i . NOTARY PUBUCCALIFORNJ 1 MY COMMISSION EXPIRES l SEPTEMBER 22, 2024 .... w w w W' Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: _B_R_Y_A_N_L_U_S_K_Y ______ _ Ill! Corporate Officer -Title(s): SECRETARY □ Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fa ct □ Guardian of Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General o Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: ______________ _ Signer is Representing: _________ _ ll E J J 5 E E 9 £l0li J J E J E J E [ll'O:IJO:OlfJO'OOO:Cf91}llJW7£7&&7o/lMJOBOOOOI IIOOlJ E E □ E W..C 1J L a 11a O O O a 10£ 6 E clJOOll ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 81 lfJI a IWJI IO B D [){JO OtiD86 II I I H'8tJ08UOCO C '8=83 Q:J3 11111 fJflUOI I( J [)OOCI J-68(] 6 0 [A 5 5 0 E i S 6 II II 100010 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On ____ 4_/5_/_20_2_3 ____ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_._IA_T_A_R_O_L_A ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-ai:e-subscribed to the within instrument and acknowledged to me that he/sRcftliey executed the same in his/i'lcr,~Aeir authorized capacityfjes), and that by his/RC~Acir signature(5) on the instrument the person(s}, or the entity upon behalf of which the person{5-) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual D Trustee ~ Attorney in Fact □ Guardian of Conservator D Other: ______________ _ Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ o Partner -D Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ lOI ■---OU L -~DllMliiJOOOIDIBOOOll 11111ut.11a!IIUIIIIUIIH DD B NOD O □ E □ D 6 5 ©2017 National Notary Association ~Lihert:x \pl Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the mamer and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _H_e_le_n __ Maloney; John G. Maloney; Mark D Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as ~ they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company (J) • I/ /4/' ui'E 1l By: Lfa'~ /, 2 :~_§ c -. ____ .-rrro ro David M. Carey, Assistant Secretary c .a ~ ~ State of PENNSYLVANIA ss -~ E ~ en County of MONTGOMERY ,£ ~ ~ On this ~ day of March , ~ before me personally appeared David M. Carey, who acknowledged himsett to be the Assistant Secretary of Liberty Mutual Insurance ~ ~ ~ "iii Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 1§ = £l ~ therein contained by signing on behalf of the corporations by himsett as a duly authorized officer. ~ ~ ~-6 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ~ ~ 'iii ~---~----~~ a.. 0 ~ ~ Commonwealth of Pennsytvama • Notary Seat ~ .o o Teresa Pastella. Notary Public ..-f--.... £ ~ ·ro Montgomery County Cl/, ~ . . 1 /,/ -I-.1 / ,._ E 0 !! My commission expires March 28, 2025 By: ~ ~ 0 QJ C ~ Comm1sst0nnumbef 1126044 ....----------------------:i::: ,._ Q)-_ 1, ~,,.,y,,~, ,t:., Membe,,Penns~,an,aAssooauonofNotanes reresa Pastella, Notary Public ~ O en :fl 0,q/N p<$0". 0 ~ m~ -N ~ ~ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ a;> oE .!: Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: !i._ ~ -ro ._ ~ ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 0 6 .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =c ..-~ ~ President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety fii ~ ! ~ ~:~:~11 a;::re:~ii~~s~be~~~~~=i:;::it~~~::;es~~~\~~~~~~n~i !~~\~~~~nef:~i~-:~· !~~j~: ~~~~ ~~:~::es:~:~f i;:~~;i;a~::.e 0::~0°~::::J: !~i~ § ~ z 13 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5TH day of __ A_PR_IL __ • 2023 . /.7-{t.,/iAr- By: =-~~-,,--:-:--,,-----,----,--,--,--,=----,-----------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Mui~ Co 02121 BOND NO. 024266097 PREMIUM: $7,760.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California has awarded to CCL Contracting, Inc. (hereinafter designated as the "Principal"), a Contract for: KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, CCL Contracting, Inc., as Principal, (hereinafter designated as the "Contractor"), and LIBERTY MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred seventy thousand eight hundred ninety dollars ($770,890), said sum being an amount equal to: one hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void ; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {"\ • .., Revised 6/12/18 Contract No. 5548-A Page 39 of 149 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 --~5T.;..;.H_;____ day of _____ ___;_A..;.;.P--'-R"""IL:::..._ __ , 20..Q_ _c_c_L_C_O_N_TR_A_C_T_IN_G_,_IN_C_. _____ (SEAL) (Principal) By: tx ~ {fignattf BRYANLUSKY,SECRETARY (Print Name & Title) LIBERTY MUTUAL INSURANCE COMPANY (Surety) (SEAL) By: ___ ;¼---"--'--'-~---=--..;Qo,c..__. --=-:..:.Jo_:__,c~..:...___..::_- (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: WUdllt2 1c . 1vt tt1~ City Attorney l'\ •fi' Revised 6/12/18 Contract No. 5548-A Page 40 of 149 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 OOO(J Dr0000008l lJ lAllJ [ID 1000~1 II 103 •ua C )0008(] (]80:BI I 080881.lOllOOO fa a II I 11111 D [J808H I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ___ S_A_N_D_I_E_G_O ______ _ On ___ 4-'-+/-5_,),-.at_te3 _____ before me, __ SA_N_D_R_A_F_IG_U_E_R_O_A_, N_O_TA_R_Y_P_U_B_L_IC ____ ~ b Here Insert Name and Title of the Officer personally appeared ___________ B_R_Y_A_N_L_U_S_K_Y _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/.ai:e-subscribed to the within instrument and acknowledged to me that he/sl'lcftl'lc~ executed the same in his/l'lcrf~l'leir authorized capacity~). and that by his/l'lerftl'leir signature(5) on the instrument the person(~. or the entity upon behalf of which the person~) acted, executed the instrument. r·· · · 0 SANDRAFIGUEROA 1 ,-COMM.# 2334108 · SAN DIEGO COUNTY I NOTARY PUBLIC-CALIFORNIA! l MY COMMISSION EXPIRES I SEPTEMBER 22, 2024 WZU:UUUUUe/49W Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _.,,,~-=--~----==--n------- i;na1UreofNotaryPub OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ""'B..;..R'"'Y..;..A.c..N'--'L""U=..;S;;.;K...:.Y'-------- lil Corporate Officer -Title(s): SECRETARY □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ o Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ 8080IH088CI I ODD DICt:IOOU008( llfOll808ll Q IHCOIUI IIIIDDHIDIIII I DI 11:IIIIDDD IIDlllll ■lal 111 ■ IOI Ill ■ OJO□ E j B ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 l■■■■a■a QIDIIJIDDRROOOU8000080800008BlJ8D1] JD D [JOl:l08@000tiOOOl80080tlO:fl08"![] IC D 5 F IC00800 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On ____ 4_/5_/_20_2_3 ____ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_._IA_TA_R_O_L_A ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-ai:e-subscribed to the within instrument and acknowledged to me that he/shcftl-lq executed the same in his/1-icrf~heir authorized capacity~). and that by his/herttheir signature(~) on the instrument the person(~. or the entity upon behalf of which the person~) acted, executed the instrument. <> SANDRA FIGUEROA 1 D.~PA COMM.# 2334108 )> SAN DIEGO COUNTY )> NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRESJ..; SEPTEMBER 22, 2024 _ <> <><> <>C::.,. <><..> <><...><> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA o Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General o Individual !I Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: ______________ _ Signer is Representing: _________ _ 00000:0(ffl J I P [l!00:0:00:0SIJ D r 9 [J'ffi}"I] 9 □ B IIOO'fBliDOOUOOO:O.ll B □ IMlll B □ □ D □ [WOO ©2017 National Notary Association en Ql Ql c ~Liber1J. ~ Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _H_e_le_n __ Maloney; John G. Maloney; Mark D. Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually ff there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as ff they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , ~ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company ~.b;··~ -(I) ~ ro State of PENNSYLVANIA ~ 5, County of MONTGOMERY ss David M. Carey, Assistant Secretary cn"E -~ 8 J"iii c2 ·-::::, CE ,g~ .!: ~ On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ ai := ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~@ ~ ~ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ ~ ~--5 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. <C'S0 Cl) i~ ~o <? ~ Commoowealth of Pennsylvania -Notary Seal ';:::::: -Q Teresa Pastella, Notary Public ,,,./--... g ~ "(U +-' Ql Montgomery Coonty fl/, ~ _ . 1 I/ -1-.f / '-E 0 ~ MycommissionexpiresMarch28,2025 By: ~ ~ 0 (1) C ro ;,1: :<f' Commissionnumber1126044 ---~-------------------,:i::: ._ ai.;: 1' '''•'SYL~-"t'... Membe,, Penns~,an,a Assooauoo of Notanes r eresa Pastella, Notary Public ~ 0 Cl en 0.,4!/V I"~ o 0 (I)~ .... ~ .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ <x,:> ~ .£_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: (I_~ ._ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 0 6 .E !!I Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =c ..-;g r,-President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ai ~ ~ ~ any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c ~ 0 t: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § ai z i3 instruments shall be as binding as ff signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as ff signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby certfy that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in ful! force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this~ day of __ A_PR_I_L __ , ~ o-~.ttr-By:=-~~....,,...,,.,.........,,....--,-....,..,..-,--,~~-------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02121 Revised 6/12/18 Contract No. 5548-A Page 41 of 149 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and CCL Contracting, Inc., whose address is 1938 Don Lee Place, Escondido, California 92029, hereinafter called "Contractor" and ________________________________________________, whose address is _____________________________________________________________, hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A in the amount of $770,890 dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 6/12/18 Contract No. 5548-A Page 42 of 149 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 6/12/18 Contract No. 5548-A Page 43 of 149 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 City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address February 9, 2023 ADDENDUM NO. 1 RE: KELLY DRIVE SEWER REPLACEMENT BID NO. PWS23-2038UTIL C cicyof Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. ~~ Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Si!are 'v Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 1 Addendum No. 1 CITY OF CARLSBAD KELLY DRIVE SEWER REPLACEMENT Contract No. 5548-A Bid No. PWS23-2038UTIL Addendum No. 1 From: Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov No. of Pages: 16 pages (including this page) Date: February 9, 2023 Bid Opening Date: February 15, 2023 - 11:00 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications and/or Plans. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO SPECIFICATIONS ITEM NO. 1: CONTRACTOR’S PROPOSAL Schedule “B” – El Camino Real has been added. Replace the Contractor’s Proposal (pages 14- 18) in its entirety with Attachment A. ITEM NO. 2: 6-7 TIME OF COMPLETION Revise the time of completion to 120 calendar days. Section 6-7.1 should now read: 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 90 calendar days 120 calendar days after the starting date specified in the Notice to Proceed. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 2 Addendum No. 1 ITEM NO. 3: 9-4 BID ITEMS Add bid item description for 12” SDR35 PVC sewer gravity main. The following paragraph is added to the last bid item description on page 123: Furnish and Install 12” SDR35 PVC Sewer Gravity Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to install new sewer gravity main of the size and type and to the limits specified in accordance with the Contract Documents. This bid item shall include, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; removal and disposal of existing pipe; pipe, gaskets, manhole adapters and couplings; sewer lateral reconnections and manhole connections; filter fabric; placement of imported crushed rock bedding and pipe zone backfill; placement and compaction of trench zone backfill; temporary AC paving; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO THE PLANS ITEM NO. 3: REVISED OR ADDED SHEETS Replace Sheets 1, 3 and 4 and add Sheet 5 (Attachment B). QUESTIONS AND ANSWERS Questions relating to the project must go directly to the City’s Public Works Contract Administration Division. The City is not responsible for any information obtained through other means. 1. On the project plans Sheet 3, Detail 1, shows to "APPLY EPOXY COATING TO REBUILT BENCH AND MANHOLE INTERIOR PER CSD S-1A". However, we were not able to locate CSD S-1A. Can you add it to the documents to account for the manhole coating requirements? CSD S-1A Refers to City of Carlsbad Standard Drawing S-1A, located in the Carlsbad Engineering Standards (CES), Volume 3. The Approved Materials List is included at the end of Volume 2. The standards are posted online at the following link: https://www.carlsbadca.gov/departments/community-development/land-development- engineering/engineering-codes-standards-policies 2. Is sewer bypassing required from the manhole in El Camino Real? Sewer bypassing from Manhole 17B-10 in El Camino Real will likely be required for the replacement of the 12” sewer between MH 17B-10 and MH 17B-11 and rehabilitation of MH 17B-11. See response to Question #8. 3. Will the City verify the location of the sewer lateral in the vicinity of Manhole 17B-11? The sewer lateral is connected to the pipe segment between MH 17B-10 and MH 17B-11. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 3 Addendum No. 1 4. Is additional groundwater sampling or testing required after issuance of the Encina Wastewater Authority special use permit? Groundwater sampling and analytical testing will be completed by the city to support the contractor’s application for a special use permit from the Encina Wastewater Authority (EWA). The city will perform additional groundwater sampling and testing if required by EWA. The contractor shall submit the test results to EWA in accordance with the special use permit requirements. 5. What is the pavement thickness in Kelly Drive? Please reference Appendix D of the contract documents. Boring data shows 4” of asphalt concrete over 4” of aggregate base at the location of the boring and the pavement thickness may vary at other locations. 6. Regarding the maximum length of open trench, will traffic be allowed in the median at the end of each work day? The median may be barricaded for the active zone of trenching, pipe laying and backfilling on any given day and need not be open to traffic. Beyond this zone, the median should be restored for traffic with temporary asphalt concrete paving. 7. What is the time requirement to reconnect the sewer laterals? The sewer laterals must be reconnected at the end of the work day in which they are disconnected. 8. (Plan Sheet 3 of 4- Sewer Bypass) In order to build/modify and epoxy coat the channel of MH 17B-11, the flows in the 8" and 12" sewers into that manhole will need to be diverted or stopped. Are there any restrictions for traffic control in El Camino Real? Yes, at least two lanes of traffic must be maintained in each direction on El Camino Real and the work in El Camino Real shall occur between the hours of 9 a.m. and 3 p.m., outside of peak commute hours. If more than one lane will be shut down, work must occur at night. All trenches shall be plated at the end of the work shift and the street opened to traffic. 9. The City is to install a ground water monitoring well and provide the contractor with the test results. The contractor will then take that information and procure the Encina Wastewater Authority special use permit. A. The City is to pay for any permit costs. Please confirm. There is no fee associated with the Encina Wastewater Authority special use permit. B. The City is to be responsible for all groundwater sampling. Please confirm. Confirmed, the city will perform sampling and analytical testing. See response to Question #4. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 4 Addendum No. 1 10. Field Office General Provisions-Section 8 (8-2)- Field Offices will not be required on this job. Please confirm. Confirmed, no field office is required per Section 9-4 Bid Items, Mobilization and Preparatory Work. 11. Pre bid meeting discussion- Please confirm that the contractor will be permitted to reconnect the existing sewer main to the new main with a watertight connection at the end of each work shift to potentially reduce the duration of sewer bypassing operations. Confirmed. Such use of the newly installed main does not constitute acceptance of any portion of the work by the city, and the new sewer main will be subject to all required testing in accordance with the contract documents. 12. Can the contractor store any equipment on Kelly Drive if barricaded off? Only sewer bypass equipment may be stored and secured on Kelly Drive and no driveways shall be blocked and refuse collection services shall not be impeded. All other construction equipment and materials shall be stored and secured off site at an area at the north end of Aura Circle, 50 feet by curb-to-curb (near Hillside Drive). Any other staging or storage areas shall be secured by the contractor at no additional cost to the city. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 5 Addendum No. 1 ATTACHMENT A REVISED CONTRACTOR’S PROPOSAL Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 6 Addendum No. 1 CITY OF CARLSBAD KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5548-A 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 and Preparatory Work (not to exceed 5% of Schedule “A”) LS $___________ A-2 Temporary Traffic Control LS $___________ A-3 Preconstruction Survey LS $___________ A-4 Storm Water Pollution Control (SWPPP) LS $___________ A-5 Utility Locating and Potholing LS $___________ A-6 Excavation Support System LS $___________ A-7 Dewatering LS $___________ A-8 Temporary Sewer Bypass LS $___________ A-9 Furnish and Install 15” SDR35 PVC Sewer Gravity Main LS $___________ Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 7 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) A-10 Manhole Rehabilitation 3 EA $___________ $___________ A-11 Over-excavation and Backfill 70 CY $___________ $___________ A-12 Aggregate Base LS $___________ A-13 Asphalt Concrete Paving LS $___________ A-14 Pavement Striping LS $___________ A-15 Dewatering Pretreatment Allowance $30,000 Total amount of bid (in figures) for Schedule “A”: $ Total amount of bid (in words) for Schedule “A”: SCHEDULE “B” – EL CAMINO REAL Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) B-1 Mobilization and Preparatory Work (not to exceed 5% of Schedule “B”) LS $___________ B-2 Temporary Traffic Control LS $___________ B-3 Preconstruction Survey LS $___________ B-4 Storm Water Pollution Control (SWPPP) LS $___________ B-5 Utility Locating and Potholing LS $___________ B-6 Excavation Support System LS $___________ B-7 Dewatering LS $___________ B-8 Temporary Sewer Bypass LS $___________ Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 8 Addendum No. 1 Item No. Description Approximate Quantity And Unit Unit Price (Figures) Total Amount (Figures) B-9 Furnish and Install 12” SDR35 PVC Sewer Gravity Main (Sta. 8+69 to Sta. 9+31) LS $___________ B-10 Manhole 17B-10 Rehabilitation 1 EA $___________ $___________ B-11 Over-excavation and Backfill 20 CY $___________ $___________ B-12 Aggregate Base LS $___________ B-13 Asphalt Concrete Paving LS $___________ B-14 Pavement Striping LS $___________ B-15 Dewatering Pretreatment Allowance $4,000 Total amount of bid (in figures) for Schedule “B”: $ Total amount of bid (in words) for Schedule “B”: The City shall determine the low bid based on the sum of Schedule “A” and Schedule “B”. After the low bid has been determined, the City 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 City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires on _____________________, and Department of Industrial Relations PWC registration number ___________________________________ which expires on ____________________, and that this statement is true and correct and has the legal effect of an affidavit. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 9 Addendum No. 1 A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ______________________________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 10 Addendum No. 1 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _____________________________________ (2) Signature (given and surname) of proprietor ____________________________________ (3) Place of Business ________________________________________________________ (Street and Number) City and State _____________________________________________________________ (4) Zip Code ___________________ Telephone No. _________________________________ (5) E-Mail ___________________________________________________________________ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _______________________________________ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) _________________________________________________________________________ _________________________________________________________________________ (3) Place of Business __________________________________________________________ (Street and Number) City and State _____________________________________________________________ (4) Zip Code ___________________ Telephone No. _________________________________ (5) E-Mail ___________________________________________________________________ Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 11 Addendum No. 1 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _______________________________________ __________________________________________________________________________ (2) _________________________________________________________________________ (Signature) ____________________________________________________________________________ (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _______________________________________ (4) Place of Business ________________________________________________________ (Street and Number) City and State _____________________________________________________________ (5) Zip Code _____________________ Telephone No. _______________________________ (6) E-Mail ___________________________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ Contract No. 5548-A - PWS23-2038UTIL Kelly Drive Sewer Replacement 12 Addendum No. 1 ATTACHMENT B REVISED OR ADDED PLANS 1/2" 0 1" KELLY DRIVE SEWER REPLACEMENT CIP 5548-A CONSTRUCTION PLANS FOR THE CARLSBAD, CALIFORNIA CITY OF CARLSBAD, UTILITIES DEPARTMENT KEITH BLACKBURN - MAYOR CITY COUNCIL MEMBERS SCOTT CHADWICK PAZ GOMEZ FEBRUARY 2023 CITY MANAGER DEPUTY CITY MANAGER, PUBLIC WORKS TERESA ACOSTA - DISTRICT 4 VACANT - DISTRICT 2 PRIYA BHAT-PATEL - DISTRICT 3 MELANIE BURKHOLDER - DISTRICT 1 u D [1_ D 0 0 ~ Ul CX) -;- "' "' { ·2 [1_ VICINITY MAP NOT TO SCAL[ IKDEX OF SHEETS 4. ,:-;i_;,,_,\' ,t..t;D '··: :/',' :" :' 5 PLC 'i ANC opa,c!Lc & l , , , , ,, <' , ,,, GS {c ity of Carlsbad ,, ', t' i'\ ~ ... , \~., 6, I \'·i,. cc:..,\ I l_c:"'o,, :: :: _Ir---.:--{/ i ', ·, PROJECT SITE LOCATION MAP NOT TO SCAL[ "AS BUILT" RCE -~ EXP. __ _ DATE 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S ( A B ) 12'' S ( A B ) S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 12'' S 12' ' S 12' ' S 8'' S ( A B ) 8'' S ( A B ) 8'' S ( A B ) 8'' S 8'' S 8'' S REPLACE 585 LF (E) 12" VCP SEWER W/ NEW 15" PVC SEE SHEET 4 (E) MH 17D-9(E) MH 17D-10 PIP (E) 8" SEWER ABANDONED 12" SEWER MAIN CONTRACTOR TO VERIFY PIP (E) SEWER LATERAL CONTRACTOR TO VERIFY PIP (E) 12" SEWER ABOVE GROUND SEWER BYPASS BYPASS AND STANDBY PUMP FOR REFERENCE ONLY (E) MH 17D-2 STA: 0+00 33 ' 32 ' 84 ' PIP (E) 12" VCP SEWER REPLACE 62 LF (E) 12" VCP W/ NEW 12" PVC SEE SHEET 5 (E) MH 17B-10 (E) MH 17B-11 RR (E) 12" SEWER W/ NEW 12" PVC RR (E) CSD S-4 CAST IRON MH FRAME AND COVER CITY TO SUPPLY FRAME AND COVER (E) PAVEMENT RR (E) CONCRETE COLLAR PER CSD S-1 (E) CSD S-1 CIP BASE APPLY EPOXY COATING TO (E) CHANNEL AND (P) 15" CHANNEL PER CSD S-1A CORE DRILL NEW INLET/OUTLET FOR (P) 15" PVC (P) WATER TIGHT MANHOLE ADAPTER WITH RUBBER GASKET. GROUT INTO PLACE PER CSD S-1A (TYP) (P) 15" PVC MATCH EXISTING CHANNEL IE (E) MANHOLE SEE MH DIMENSION TABLE SHEET 2 (E) 12" VCP TO BE REMOVED APPLY EPOXY COATING TO REBUILT BENCH AND MANHOLE INTERIOR PER CSD S-1A REFORM CHANNEL TO MATCH 15" OUTLET PIP (E) 12" VCP SEWER (E) MANHOLE BASE PIP (E) 8" ABS SEWER (E) 12" ABANDONED SEWER CONTRACTOR TO VERIFY INSTALL SLURRY PLUG AT (E) ABANDONED 12" INLET CONNECTION (P) 15" PVC SEWER SEE DETAIL 1 FOR CONNECTION DETAIL REFORM CHANNEL AND BENCH TO ELIMINATE ABANDONED 12" SEWER INLET REBUILD (E) BENCH PER CSD S-1A (E) 12" CHANNEL INLET (E) 12" CHANNEL OUTLET (P) 15" CHANNEL INLET SEE DETAIL 1 FOR CONNECTION DETAIL (E) MANHOLE BASE (P) 15" CHANNEL OUTLET SEE DETAIL 1 FOR CONNECTION DETAIL REFORM CHANNEL TO MATCH 15" INLET/OUTLET REBUILD (E) BENCH PER CSD S-1A (E) 12" CHANNEL OUTLET (P) 15" CHANNEL INLET SEE DETAIL 1 FOR CONNECTION DETAIL (E) MANHOLE BASE REFORM CHANNEL TO MATCH 15" INLET (E) 12" VCP SEWER REBUILD (E) BENCH PER CSD S-1A 1/2" 0 1" NOTES: 1. SEE CSD S-1 FOR TYPICAL EXISTING MANHOLE DIMENSIONS. 2. MANHOLE CONNECTION DETAIL SHOWN IS AT THE INLET. DETAIL APPLIES TO ALL EXISTING MANHOLE INLETS AND OUTLETS WHERE NEW CONNECTION IS PROPOSED TO NEW PVC SEWER. MANHOLE 17B-11, 17D-9, 17D-10 NOTES: 1. FOR JUNCTION MANHOLES AND CHANGE IN SEWER ALIGNMENT, FORM THE CHANNELS TO FACILITATE THE FLOW OF SEWAGE. INVERTS SHALL BE TRUE TO GRADE AND ALIGNMENT, FINISHED WITH SMOOTH SURFACE, AND MAINTAIN 0.2' DROP ACROSS THE MANHOLE. 2. SEE DETAIL 1 FOR CONNECTION DETAIL AND REHABILITATION REQUIREMENTS. u D [1_ D 0 0 ~ Ul CX) -;- "' "' { ·2 [1_ i 0: C I [1_ _I; 1 MH SITE PLAN AND BYPASS PLAN SCALL 1"" ~ 40" N.T.S 2 STA:8+69 SCALE: N. T.S. MANHOLE 178-11 CONNECTION DETAIL -PLAN VIEW MANHOLE NEW CONNECTION DETAIL -PROFILE VIEW STA: 2+84, 5+96, 8+69 SCALE: N. T.S. MANHOLE DIMENSION TABLE SEWER BYPASS NOTES TRAFFIC CONTROL NOTES STA. RIMEi. /NV. EL. DIA. • EXPECTED BYPASS FLOWS: ANTICIPATED LANE CLOSURES INCLUDE SOUTHBOUND LANE N.T.S 3 MANHOLE 17D-9 CONNECTION DETAIL-PLAN VIEW STA:5+96 SCALE: N. T.S. N. TS 4 STA: 2+84 MANHOLE 170-10 CONNECTION DETAIL -PLAN VIEW SCALE: N. T.S. "AS BUILT" RCE __ EXP ___ _ DATE REVIEWED BY: BID SET -NOT FOR CONSTRUCTION INSPECTOR DATE I SH3EET I CITY OF CARLSBAD I SHE5ETS I 1----1---4--------------+---+---+---l---t UTILITIES DEPARTMENT ~::::t:::!::::::::::::::::::::::::::t:::~~:::t:::~::::::: MPROVEMENTPLAN FOR: 2 23 ADDENDUM I SITE PLAN KELLY DRIVE SEWER REPLACEMENT PROJECT 17B-10 9+30 49.51 38.07 5' 17B-11 8+69 49.91 35.22 5' 'o[l_~ ~ PA7:'EKRAIMG'EETDWREAY .1:~EAE~HFELRo-;L: 01.w97 __ OM. ~9DMGD OF KELL y DRIVE. ~ ~ v, "' " r, ,, • SEECONTRACTDOCUMENTSFORTRAFFICCONTROL l----l----l---------------+---11---+----+---I ACCEPTElfJBY:DAV[ficQW, /. ~ CONTRACTOR RESPONSIBLE FOR DESIGN, STANDARD DETAILS AND REQUIREMENTS. ~ 1:::±:£4 o FURNISHMENT AND INSTALLATION OF SEWER CONTRACTOR TO MAINTAIN DRIVEWAY ACCESS TO ALL ,----------l-1-::::t:::t::::::::::::::::::::::::::t:::j::::t::::j::::j '-'-D;;:;IS;;:TR:;IC;:;:T:::::E::::::N~Gl;=NE::::E::::;R ;::::=====:=::::===,.:::::::::::DA=:T::::E===; 2 /2 /23 17D-9 5+96 44.01 33.37 5' 17D-10 2+84 38.82 31.47 5' 8~ BYPASSPERCONTRACTSPECIFICATIONS RESIDENTSATALL TIMES ,..,., PROJECT NO. I DRAWING NO. [1_ 0 ORIGINAL DRAWING SCALE DATE INITIAL DATE INITIAL DATE INITIAL 5548-A 540 5 ~~ L~......o ............... o.._"""--""'-....O..-""'---""----""'-""""'-"'--""'-....O..-""'.....:::~L ----~~~oi~;~~~f~T:~~R~L~r;;~M"!('-~s~w-~_,_N_AL_L_s_Ew_E_R_LA_c_E_RA_L _____________________ _l_ __ -=c....~~=:...._ __ [E:Nc:1N:EE:e:oF~w:o:eKL ___ RE_v_1s_1_0N_o_E_s_cR_1_PT_10_N ___ _Lo~TH~rn~A~P~PR~ov=AL:...L~c1~TY~A~PP~e~ov~AL:..l..'.=::::::::::::::::::::::==::'....::======:::::..::==-=::::..J W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WW W W W W W W W W W W W W W W W W W W W W W W W W W 12 ' ' W 12 ' ' W W W W W 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S 12'' S ( A B ) S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 12'' S 8' ' S 8'' S 8'' S E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EE E E E E E EEE E E E E E E E E E E E E E E E E E E E E E EEEEEEEEEE E E E EE E E E E E E E E E E E E E E E E E E EE E G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G GGGGGGGGGG G G G G G G 4'' G 4'' G 4'' G T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T TTTTTTTTTTTTTTTTTTTTTTTTTT T CATV CATV CATV CATV CATV CATVCATV CA T V CA T V CATVCATV CATV CATV CATVCATV CATV CATV CATVCATV CATV CATV CATV CATV CATV CATV CA T V CA T V CATV CATV CA T V CA T V CATV CATV CATV CATV CATVCATVCATVCATVCATVCATV CATV CATV CATV CATV CATVCATVCATV CA T V CA T V CATV CATV CATV CATVCATV CA T V CA T V CATVCATV CATV CATV CATV CATV CATV CA T V CA T V TS (AB) TS (AB) TS (AB) TS (AB) TS ( A B ) TS (AB) TS (AB) TS (AB) TS (AB) TS ( A B ) 4'' G4'' G4'' G E E E E T T T TS TS TS TS RW RW RW RW RW RW RW RW RW RW RW RW R W R W R W RW RW RW RW RW RW RW RW RW RW RW RW RW RW RW G G G G G GG G G E E E MH 17B-11 MH 17D-9 MH 17D-10 585 LF 4 (TYP) CONTRACTOR TO VERIFY SEWER LATERAL LOCATION OF 4803 KELLY DR (E) 4" VCP SEWER LATERAL (TYP) 10 ' 17 ' ABANDONED 12" SEWER SEWER LATERAL TO APN 2072300900 3+00 4+00 5+00 6+00 7+00 8+00 ST A : 4 + 4 8 . 0 2 EL E V : 3 8 . 2 9 ST A : 3 + 0 0 . 3 8 EL E V : 3 2 . 3 3 ST A : 3 + 0 3 . 1 0 EL E V : 3 2 . 3 3 ST A : 3 + 7 1 . 8 1 EL E V : 3 2 . 7 3 ST A : 3 + 7 3 . 5 2 EL E V : 3 2 . 7 5 ST A : 4 + 3 8 . 2 4 EL E V : 3 3 . 2 2 ST A : 4 + 3 9 . 7 3 EL E V : 3 3 . 2 3 ST A : 5 + 0 9 . 1 6 EL E V : 3 3 . 6 5 ST A : 5 + 1 1 . 9 5 EL E V : 3 3 . 6 6 ST A : 5 + 8 1 . 0 0 EL E V : 3 4 . 1 5 ST A : 5 + 8 3 . 1 2 EL E V : 3 4 . 1 7 ST A : 6 + 5 3 . 5 7 EL E V : 3 4 . 5 8 ST A : 6 + 5 6 . 5 7 EL E V : 3 4 . 5 8 ST A : 7 + 0 5 . 6 1 EL E V : 3 4 . 7 8 ST A : 7 + 4 2 . 4 4 EL E V : 3 5 . 1 7 ST A : 7 + 5 5 . 0 0 EL E V : 3 5 . 2 6 ST A : 2 + 8 4 . 0 1 EL E V : 3 8 . 8 1 ST A : 5 + 9 6 . 3 0 EL E V : 4 4 . 0 0 ST A : 8 + 6 9 . 0 8 EL E V : 4 9 . 9 0 585 LF (E) FINISH GRADE X X X(E) 12" VCP SEWER E E E EEE E E EE E E E E C C C C C C G G G G CATV (TYP) W W W W 6" RW W W W W W W W E TS 25 30 35 40 45 50 55 0+00 25 30 35 40 45 50 55 9+54 NOTES: 1. UTILITY MAPPING IS FOR REFERENCE ONLY. CONTRACTOR TO VERIFY ALL UTILITY LOCATIONS AND PROTECT IN PLACE UNLESS NOTED OTHERWISE. ALL SEWER LATERALS WITHIN THE LIMIT OF WORK SHALL BE RECONNECTED PER CONSTRUCTION NOTE 4. 1/2" 0 1" 1. REPLACE-IN-PLACE EXISTING 12" VCP SEWER MAIN WITH NEW 15" SDR35 PVC PER CSD S-5. INSTALL FILTER FABRIC PER CSD S-5. RESURFACE TRENCH PER CSD MODIFIED GS-26 AND GS-28, 4' MAX. TRENCH WIDTH. 2. REHABILITATE EXISTING MANHOLE PER DETAIL 1, SHEET 3 AND CSD S-1A. 3. CONNECT NEW 15" SEWER TO EXISTING MANHOLE. SEE SHEET 3 FOR CONNECTION DETAIL. 4. RECONNECT EXISTING 4" VCP SEWER LATERAL WITH NEW WYE PER CSD S-7. INSTALL COUPLING AT NEW PVC TO (E) VCP LATERAL CONNECTION. u D [1_ D 0 0 ~ Ul CX) -;- "' "' { ·2 [1_ C I [1_ _I; ~ [1_ Ul w -" c:: - I I ~ 4 "' I -~--I \ \ \ r®\ ,_ ' ,-~ I I CONSTRUCTION NOTES (4/ 1 4 \ ' \ \ \ \ \ \ I I I 14 ii - I ---\ ,,, I \ I \ \ \ I I I I 6 KELL 00 PN: 207230 I I (4 T T 4 l I I ,___ --I \ I \ I \ 15" SDR3oPVC @ 0:62 ro I I I I ~J1a ___ _ co 4824 K APN:207 -- 0 ' I 1 I I ( 4) ( 4 ( 2) (4 -- I I I I ----- I I \ \ I \ \ I \ I I -~0 1 I I PROFILE STA: 2+84 TO 8+69 SCAL[.-HOR/Z.· )'' ~ 20' vrnr I "~s· PLAN STA: 2+84 TO 8+69 SCALE.-I" ~ 20' ORIGINAL DRAWING SCALE I I I I (4 ( 4) (4 4) 17 I=-' Lt) ----i:.: w w I CJ) ~ ..------ I I I \ \ I I \ \ \ \ \ \ 15" SDR35 PV ~@0.62% \ I I I I I BID SET -NOT FOR CONSTRUCTION 2 23 ADDENDUM I ~ 0\ <-" ' - I I BUILT" RCE ___ EXP ___ _ REVIEWED BY: INSPECTOR '}& Lt) r--+ 00 ~ CJ) w z :J I <.) !;;; ~ Lt) i:.: w w I CJ) DATE DATE I SH4EET I CITY OF CARLSBAD I SHE5ETS I ,__--+----+-------------->----+---+---+-----UTILITIES DEPARTMENT l----+---+--------------1-----+---+--+----I ,__--+----+-------------->----+---+---+-----MPROVEMENTPlAN FOR: PLAN AND PROFILE KELLY DRIVE SEWER REPLACEMENT PROJECT 2 /2 /23 DATE DATE INITIAL ENGINEER OF WORK REVISION DESCRIPTION DATE INITIAL DATE INITIAL OTHER APPROVAL CITY APPROVAL PROJECT NO. 5548-A I DRAWING NO. 540-5 W W W W W 12'' W 12'' W W 36' ' W 36' ' W 36'' W 36'' W 36' ' W 36' ' W 36'' W 36' ' W 12' ' W 12'' W 12'' W 12' ' W 12'' W 12' ' W 12'' W 12' ' W 12' ' W 12 " R W 12" R W 12" R W 12 " R W 12'' S 12'' S 12'' S ( A B ) 12'' S ( A B ) 12'' S ( A B ) 12'' S ( A B ) 12'' S ( A B ) S S S 12'' S 12'' S 12'' S 12' ' S 12'' S 12'' S 12'' S 12' ' S 8'' S ( A B ) 8'' S ( A B ) 8'' S ( A B ) 8'' S ( A B ) 8'' S ( A B ) 8' ' S 8'' S 8' ' S 36" S D 36"S D E E E E EE E E E E E E E E E E E E E E E E E E E E E E G G G 10'' F 10'' F 10'' F 10'' F 10'' F 10'' F 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 16' ' F 16' ' F 16'' F 16' ' F 16' ' F 16'' F 16' ' F 16' ' F 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 12 " R W 12" R W 12" R W 12 " R W CATV CATV CATV TS (AB) TS (AB) TS ( A B ) TS (AB) TS (AB) TS ( A B ) 4'' G4'' G4'' G T T T T T TS TS TS TSRW RW W ( A B ) W ( A B ) W ( A B ) W ( A B ) W ( A B ) W W W W W W W 20'' W ( A B ) 20'' W ( A B ) E E E E E E (E) MH 17B-1062 LF CAUTION, HIGH PRESSURE GAS. CONTRACTOR TO VERIFY LOCATION. (E) MH 17B-11 36" DIP WATER PER DWG 935-7 9+00 ST A : 8 + 7 5 . 6 0 EL E V : 3 6 . 1 7 62 LF G CETS 12" W 36" W G ST A : 8 + 6 9 . 0 8 EL E V : 4 9 . 9 0 ST A : 9 + 3 0 . 8 1 EL E V : 4 9 . 6 3 PIP (E) 12" VCP SEWER 4 4 G 25 30 35 40 45 50 55 0+00 25 30 35 40 45 50 55 9+54 RR (E) CSD S-4 CAST IRON MH FRAME AND COVER CITY TO SUPPLY FRAME AND COVER (E) PAVEMENT RR (E) CONCRETE COLLAR PER CSD S-1 (E) CSD S-1 CIP BASE (P) 12" PVC MATCH EXISTING CHANNEL IE (E) MANHOLE SEE MH DIMENSION TABLE SHEET 2 (P) WATER TIGHT MANHOLE ADAPTER WITH RUBBER GASKET. GROUT INTO PLACE PER CSD S-1A (TYP) (E) 12" VCP TO BE REMOVED APPLY EPOXY COATING TO BENCH AND MANHOLE INTERIOR PER CSD S-1A NOTES: 1. UTILITY MAPPING IS FOR REFERENCE ONLY. CONTRACTOR TO VERIFY ALL UTILITY LOCATIONS AND PROTECT IN PLACE UNLESS NOTED OTHERWISE. ALL SEWER LATERALS WITHIN THE LIMIT OF WORK SHALL BE RECONNECTED PER CONSTRUCTION NOTE 4. 1/2" 0 1" 1. REPLACE-IN-PLACE EXISTING 12" VCP SEWER MAIN WITH NEW 12" SDR35 PVC PER CSD S-5. INSTALL FILTER FABRIC PER CSD S-5. RESURFACE TRENCH PER CSD MODIFIED GS-26 AND GS-28, 4' MAX. TRENCH WIDTH. 2. REHABILITATE EXISTING MANHOLE PER DETAIL 1, SHEET 3 AND CSD S-1A. 3. REHABILITATE EXISTING MANHOLE PER DETAIL 1, THIS SHEET AND CSD S-1A. 3. RECONNECT EXISTING 4" VCP SEWER LATERAL WITH NEW WYE PER CSD S-7. INSTALL COUPLING AT NEW PVC TO (E) VCP LATERAL CONNECTION. 3. CONNECT NEW 12" SEWER TO EXISTING MANHOLE PER CONNECTION DETAIL ON THIS SHEET. 4. CONNECT NEW 12" SEWER TO EXISTING MANHOLE PER CONNECTION DETAIL ON THIS SHEET, SEE SHEET 3 FOR MH 17B-11 REHABILITATION REQUIREMENTS NOTES: 1. SEE CSD S-1 FOR TYPICAL EXISTING MANHOLE DIMENSIONS. 2. MANHOLE CONNECTION DETAIL SHOWN IS AT THE OUTLET. DETAIL APPLIES TO ALL EXISTING MANHOLE INLETS AND OUTLETS WHERE NEW CONNECTION IS PROPOSED TO NEW PVC SEWER.u D [1_ D 0 0 ~ Ul CX) -;- "' "' { ·2 [1_ C I [1_ _I; 1 MANHOLE 178-10 NEW CONNECTION DETAIL -PROFILE VIEW STA: 9+30 SCALE: N. T.S. CONSTRUCTION NOTES """" i:-: UJ UJ I Cl) 0 LO + co ~ Cl) UJ z :J I (.) ~ ~ - ~---------------- I 2 8) I 0 ~ - ' I V I I\ I I I I V I ~ I 84"4 -.., ~u z =~ (D--/" ~, I\_® i1 I I PROFILE STA: 8+69 TO 9+30 SCALE: HORIZ: 1 •• ~ 20· VERT: r~s· I I II I I f / /'~ I /~o/-~J / ,/; \ :"''/~f /, / 5-/ I I I I I I I };\·•. ~ I -1 1 ~1 ~ tN I ~I / I I I I ~ I PLAN STA: 8+69 TO 9+30 SCALE: 1" ~ 20' 2 23 "AS BUILT" RCE __ EXP____ DATE REVIEWED BY: BID SET -NOT FOR CONSTRUCTION INSPECTOR DATE ADDENDUM I I SH5EET I CITY OF CARLSBAD 1-----+----+--------------+----+---+----+---1 UTILITIES DEPARTMENT 1----+---+-------------+----+---+----+---I 1-----+----+--------------+----+---+----+---1 MPROVEMENTPlAN FOR: PLAN AND PROFILE KELLY DRIVE SEWER REPLACEMENT PROJECT ORIGINAL DRAWING SCALE DATE INITIAL DATE INITIAL DA TE REVISION DESCRIPTION OTHER APPROVAL Revised 6/15/17 Contract No. 5548-A Page 44 of 149 GENERAL PROVISIONS FOR KELLY DRIVE SEWER REPLACEMENT CONTRACT NO. 5548-A CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise. 1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete 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. 5548-A Page 45 of 149 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 City of Carlsbad, California. Agreement – See Contract. Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. 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, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. 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. 5548-A Page 46 of 149 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 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. 5548-A Page 47 of 149 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. 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. Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. ,.._. \..• Revised 6/15/17 Contract No. 5548-A Page 48 of 149 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. 5548-A Page 49 of 149 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. 5548-A Page 50 of 149 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 CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence Revised 6/15/17 Contract No. 5548-A Page 51 of 149 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 MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 52 of 149 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 AISC ...............................................................................American Institute of Steel Construction ANSI ................................................................................. American National Standards Institute Revised 6/15/17 Contract No. 5548-A Page 53 of 149 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) 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) Revised 6/15/17 Contract No. 5548-A Page 54 of 149 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. 5548-A Page 55 of 149 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. 5548-A Page 56 of 149 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. 5548-A Page 57 of 149 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. 5548-A Page 58 of 149 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. 540-5 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. City of Carlsbad 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. 5548-A Page 59 of 149 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. 5548-A Page 60 of 149 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 Item Section Number Title Subject 1 7-8.6.1 Dewatering Excavation Dewatering 2 7-10.4.1 Safety Orders Trench Shoring 3 7-10.4.8 Steel Plate Covers Steel Plate Bridging 4 300-3.2 Cofferdams Structure Excavation & Backfill 5 300-12.1 SWPPP SWPPP 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.2 Falsework Plans Structural Steel 10 307-1.1 General Jacking Operations 11 307-2.1 General Tunneling Operations 12 306-8 Microtunneling Microtunneling Operations 13 601-2 Temporary Traffic Control Plan Traffic Control 14 02690 Temporary Sewer Bypass Pumping Sewer Bypassing Working drawings listed above as Items 2, 3, 4, 7, 8, 9, 10, 11, 12, and 13 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings are required in the following sections and as specified in the Special Provisions: Revised 6/15/17 Contract No. 5548-A Page 61 of 149 TABLE 2-5.3.3 Item Section Number Title Subject 1 207-2.5 Joints Reinforced Concrete Pipe 2 207-8.4 Joints Vitrified Clay Pipe 3 304-1.1.1 Shop Drawings Structural Steel 4 304-2.1 General Metal Hand Railings 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. Controller Cabinet Wiring Diagrams per 701-17.2.2 9. 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. 10. 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. t Revised 6/15/17 Contract No. 5548-A Page 62 of 149 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil or groundwater analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. The Contractor may make independent investigations of the project site, including evaluation of the soil or groundwater conditions and/or the presence of rock, in order to characterize the subsurface conditions that may be encountered to the Contractor’s satisfaction. The costs for such investigations shall be considered included in the bid price and no additional compensation will be made therefor. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the time of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work, when indicated on the Plans, will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and restoring additional work areas and removing and/or disposing of facilities temporarily required. The Contractor shall indemnify and hold the agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 General. The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall set and preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be performed at the expense of the Contractor. The Contractor shall notify the Engineer in writing at least 2 Working Days before survey services in connection with the laying out of any portion of the Work. The Contractor shall set all stakes for line and grade. Unless otherwise specified in the Special Provisions, stakes will be set and stationed for alignments for pipelines (sewers, storm drains, potable water, recycled water) and their appurtenances, curbs, headers, structures, rough grade, finish grade and right-of-way or easement boundaries. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet. 2-9.2 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 63 of 149 When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the Work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-9.4 Payment for Survey, Payment for survey work shall be included in the bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and 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, ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 64 of 149 payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these Specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 65 of 149 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. 5548-A Page 66 of 149 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. 5548-A Page 67 of 149 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. 5548-A Page 68 of 149 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. 5548-A Page 69 of 149 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 City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655: ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 70 of 149 “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. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested, the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 71 of 149 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. 5548-A Page 72 of 149 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. 5548-A Page 73 of 149 (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. 5548-A Page 74 of 149 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. 5548-A Page 75 of 149 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. 5548-A Page 76 of 149 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. 5548-A Page 77 of 149 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. 5548-A Page 78 of 149 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. 5548-A Page 79 of 149 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. 5548-A Page 80 of 149 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. 5548-A Page 81 of 149 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 pipeline excavation, the Contractor shall determine the location and depth (potholing) of every crossing point between the proposed pipeline and the existing utilities shown on the plan 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. 5548-A Page 82 of 149 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. 5548-A Page 83 of 149 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. 5548-A Page 84 of 149 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. Cooperation with CMWD and City staff will be required for all work affecting existing utility systems or facilities and prior to water utility shutdowns, sewer bypass operations, testing and inspections, and project completion. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 85 of 149 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. 5548-A Page 86 of 149 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 87 of 149 C. Include a list and explanation of all changes made to the activities, dates or interconnecting logic. 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 Three-Week Look Ahead Schedules. The Contractor shall submit a detailed 3-week look ahead schedule prior to each progress meeting throughout project duration. The schedules shall be revised weekly to identify the construction activities and durations for each bid item of work for the current week and the succeeding two weeks. The Contractor shall revise the schedule to include additional activities or actual progress when so requested by the Engineer. 6-1.1.7 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 88 of 149 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. 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. Kelly Elementary School, 4885 Kelly Drive No pavement demolition or trench excavation shall occur prior to or on the last day of school, June 9, 2023. Mobilization and pre-construction activities such as utility mark- out, surveying and staking may occur prior to this date and utility potholing shall be limited between the hours of 8:30 a.m. and 2:00 p.m. Earthwork and paving operations shall be completed, and the project site shall be cleared of construction equipment and materials and readied for public use, per Section 6-2.3.3 prior to the first day of school, August 23, 2023. 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 sewer bypass plan, construction schedule, schedule of values, working drawings and shop drawings and secure necessary permits and approvals in accordance with the Contract Documents. 2. Coordinate with the City of Carlsbad Utilities Department for any required permitting of anticipated dewatering discharge. 3. Secure laydown/staging areas including any off-site staging area(s) if necessary. 4. Conduct surveying and staking of the pipeline alignments, locations of appurtenances, sewer laterals, limits of right-of-way or easements and pre-construction video and photographs. Conduct Underground Service Alert (DigAlert) notification and utility mark- out. Mobilize labor force, materials and equipment for subsequent phases of Work and install temporary facilities and BMPs, traffic control and excavation safety measures. 5. Pothole all utilities that cross or parallel (within 5 feet of) planned excavations and immediately notify the Engineer of any potential conflicts. Submit potholing data in accordance with Section 2-5.3. Pavement saw-cutting or excavation shall not commence at any construction heading until the project alignments have been staked and existing Revised 6/15/17 Contract No. 5548-A Page 89 of 149 utilities have been potholed and confirmed by the Contractor to have no conflict with the Work. 6. Furnish, install and test the sewer bypass system. 7. Remodel the existing manhole bases for new sewer gravity main installation. Remove and dispose of existing 12” VCP sewer gravity main while protecting in place existing sewer laterals. Construct the new 15” sewer gravity main and reconnect sewer laterals. Rehabilitate the existing manholes. 8. CCTV the new gravity main after placement of trench zone backfill. 9. Place and compact backfill, aggregate base, and restore finished surfaces to original or better condition, including but not limited to, pavement and existing landscape and irrigation repairs in areas disturbed by construction. 6-2.2 Construction Phasing. The following construction phase guidelines are provided for the Contractor’s use in developing the construction schedule and a Work Plan that describes the labor, materials, equipment and procedures to conduct the Work. The phasing guidelines listed herein are not intended to be a complete list of all construction activities and shall not relieve the Contractor from its responsibilities to coordinate and perform the Work, revise the phasing descriptions, or to develop additional phases or revise the order of phasing as necessary to complete the Work in its entirety in accordance with the Contract Documents. The Contractor shall develop a detailed Work Plan describing the materials, equipment and procedures for each phase of the Work and submit the Work Plan in accordance with Section 2-5.3. Any modification of the phasing described below shall be approved by the Engineer. 6-2.2.1 Phasing Criteria. The Contractor shall accommodate the following criteria into the construction schedule and Work Plan: 1. All construction activities shall meet the scheduling restrictions identified in these specifications or as determined by the City during review of the Contractor’s Work Plan. Refer to Section 6-2. 2. Contractor shall submit a Site Work Plan. The Work Plan shall identify staging areas; describe the methods for the protection of private improvements and existing utilities; and include a listing of materials and equipment and other pertinent details necessary to complete the work. 3. Contractor shall submit a sewer bypass plan and an excavation dewatering plan. 4. Contractor shall maintain two traffic lanes through the project site outside of work hours. One lane of travel with a flagging operation may be allowed during work hours, subject to approval of the Contractor’s traffic control plan submittal. 5. Contractor shall coordinate with cultural resources and archaeological monitors for observation during all excavation activities. 6. Excavations must be backfilled or securely shored and plated at the end of each work day. 7. When water or fire service interruptions are necessary and approved, no customer shall be without water for longer than 8 hours. If a 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. 8. Excavations shall be backfilled and base paved within 3 working days of completing the respective pipeline segment. 9. Site restoration shall be completed within ten working days of completion of construction of all improvements. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 90 of 149 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 coordinate with the Archaeological and Cultural Monitor during excavation activities. 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 promptly begin procurement or delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 91 of 149 its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interest of the Agency. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 92 of 149 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 90 calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. In addition to Agency holidays, open excavations and service shutdowns will not be allowed on the day prior to Thanksgiving and between December 23 and January 1. Main line or service shutdowns will not be allowed on Mondays and Fridays. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays and other restricted days or times as specified in 6-2. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 93 of 149 The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited elsewhere in the Contract Documents into the construction schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer may require after hours or weekend work if required for the protection and safety of existing facilities, workers or the public. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an inspection within five days of the Contractor’s request. The Contractor and Inspector shall attend the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies. A review of the red-line record drawings and asset schedule shall also be completed at the Site Walk-Through and all red-line deficiencies will be added to the List of Deficiencies. 6-8.2 List of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist) within five working days. The Contractor shall then have 10 working days to perform corrective work and provide a written response to each punchlist item. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 94 of 149 deficiency. The Request for Final Inspection shall not be considered complete without the Contractor’s written response to each deficiency. 6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall attend the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection. The red-line record drawings and asset schedules shall also be reviewed. If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to complete the corrective work. 6-8.6 Request for Completion. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies are corrected by the Contractor, and the Engineer is satisfied that all of the Work meets the requirements of the Contract Documents. Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency’s approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed. 6-8.7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion within 2 working days. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter. The completion date will be the date to which liquidated damages will be computed. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work. 6-8.8 Acceptance. Acceptance will occur after all the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board’s acceptance of the Work, the Agency will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 95 of 149 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. 5548-A Page 96 of 149 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. 5548-A Page 97 of 149 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, 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 equipment or 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. 5548-A Page 98 of 149 • 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 7-6 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 Revised 6/15/17 Contract No. 5548-A Page 99 of 149 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 five projects involving sewer gravity main installation and sewer manhole rehabilitation with contract values over $1,000,000. The Contractor shall be responsible for submitting verifiable experience records. 2. Completion of OSHA 30-hour Construction Training Course. Submit certification as proof. The City reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not established. In the event that the Contractor proposes to change the Contractor's Representative prior to Project completion, the Contractor shall notify the Agency and submit the qualifications of the proposed Contractor's Representative for the Engineer's review at least two weeks prior to the proposed change. The qualifications shall demonstrate that the minimum requirements of the position, as described herein, are satisfied. The Engineer will review the qualifications of proposed Contractor's Representative within 5 working days of receipt. No change in Contractor's Representative will be allowed without the Agency's approval. In the event of a change in Contractor's Representative without prior approval, Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is approved for the Project. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 100 of 149 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. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 101 of 149 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 comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region, and amendments thereto, and with all requirements of the Storm Water Pollution Prevention Plan for this project in accordance with these regulations. A Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix “B”, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. Refer to Section 300-12. 7-8.6.1 Dewatering. Dewatering shall be performed by the Contractor when specifically required by the Plans or Specifications or specified in the bid schedule, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for the discharge of groundwater to land or the sanitary sewer system shall be obtained by the Contractor unless provided by the City. Water shall be treated prior to disposal if so specified in the Special Provisions or required by a permit. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 102 of 149 The Contractor shall submit a Dewatering Plan and related supporting information detailing its proposed plan and methodology of dewatering, treatment/pretreatment (when required for permit compliance) and disposal of accumulated water. The plan shall identify the following: 1. location, type and size of dewatering devices and related equipment, 2. size and type of materials composing the collection system, 3. size and type of equipment to be used to retain and, if required, treat accumulated water, 4. the proposed disposal locations, and 5. any other information required by the jurisdictional agency. If the proposed disposal location is a sanitary sewer, the Contractor shall comply with the Special Use Discharge Permit from the Encina Wastewater Authority (Appendix C). If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the Agency, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required. The City will install a groundwater monitoring well and provide the results of any tests conducted by the City to the Contractor prior to the start of construction. The Contractor shall perform additional sampling and testing to demonstrate compliance with the Special Use Discharge Permit or any other permit, or to support the application for any other permit as required. All costs for dewatering including sample collection, testing, permit application fees and installation, testing and operation of the dewatering system shall be made at the contract price specified in the bid schedule for Dewatering. If no such bid item is listed, payment shall be considered included in the bid item of work requiring dewatering and no separate or additional payment shall be made therefor. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 103 of 149 Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be restored with sod and unpaved areas covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-9.1 Preconstruction Survey. The Contractor shall perform a preconstruction survey of the project site to provide a record of preconstruction conditions. This survey shall include the following as a minimum: 1. Video of existing public right-of-way, proposed alignment, utility mark-outs, working areas, staging and storage areas. Conduct the survey after construction staking has been completed. 2. Video of construction access roads to be used by the Contractor, including all public and private streets used for access to and from the work site. Indicate areas of damaged paving. 3. Any other areas as directed by the Owner which may be disturbed or which are to be protected from the Contractor’s operations. 4. Photographs and video of potential “problem areas”. 5. Notify the Owner seven calendar days in advance and coordinate the scheduling of the video so that a representative of the Owner may accompany the Contractor during the videotaping. 6. At the completion of the survey, the Contractor shall present the Owner with a report detailing the existing conditions at each proposed pipeline site, staging, and stockpile areas. The report shall include the following as a minimum: a. One copy of the video in color in digital format. b. One copy of each “potential problem area” photograph (4-inch by 6-inch colored photos). c. Written summary of “potential problem areas” and the Contractor’s recommendations to address these problem areas. 7. Documentation (including report) of existing conditions shall be completed within 15 days of the Notice to Proceed. The Contractor will not be allowed to begin excavation or dewatering activities until the final report has been submitted and accepted by the Owner. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 104 of 149 In areas where site access is restricted, the Contractor is responsible for coordinating site access. All communications shall be made through the City inspector unless otherwise approved. No excavation or vehicle access will be allowed to occur outside of the easement, outside of the right-of-way, or in vegetated or landscaped areas unless otherwise shown on the Plans or as approved by the Engineer. Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; public transportation stops and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Pedestrian crossings of the Work at intervals not exceeding 300 feet (90 m) shall be provided and maintained unless otherwise approved by the Engineer. The Contractor shall refer to and comply with the requirements of Section 302-15 and Part 6 of the Supplemental Provisions. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways after unloading. Construction equipment shall not be stored at the Work site before its actual use on the Work or after it is no longer needed. All materials or equipment not installed or used in construction on any given day shall be stored elsewhere by the Contractor at its expense unless otherwise approved by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench on the same day, shall not be stored in public streets. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 105 of 149 The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Temporary traffic controls shall be in accordance with the Plans, the TCP, the California Manual on Uniform Traffic Control Devices (MUTCD), current edition, and the Contract Documents. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All temporary traffic control devices shall conform to Caltrans Standard Specification 12-3. Warning and advisory signs, lights and devices shall be furnished, installed and maintained by the Contractor and shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 106 of 149 may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one, 12-foot wide paved traffic lane shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic striping operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the latest California Manual on Uniform Traffic Control Devices (CAMUTCD) published by Caltrans. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 107 of 149 way. TCPs shall be prepared by a professional engineer registered in the State of California and regularly engaged in the preparation of traffic control plans. Design of TCPs for construction shall meet the requirements of the City and the California Manual on Uniform Traffic Control Devices as published by Caltrans. Submittal and review requirements for TCPs shall conform to Section 2-5.3 Shop Drawings and Submittals. The Contractor must obtain the Engineer’s approval prior to implementing TCPs. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCPs. New or revised TCP submittals shall include all TCPs needed for the entire duration of the Work. Each TCP phase shall be prepared in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation, vertical curves must also be shown. The Engineer shall be the sole judge of the suitability and quality of any such TCPs. 7-10.3.7 Payment. The contract price paid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for performing all work involved to implement the traffic control system, complete in-place, including, but not limited to, preparing and revising TCPs, flag persons, installing temporary or permanent traffic control devices such as barriers, delineators, lighting, signage, portable changeable message signs, striping, pavement markers and markings in accordance with the Contract Documents and as directed by the Engineer. Progress payments for Traffic Control will be based on the percentage of the improvement work necessitating traffic control and completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 108 of 149 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 109 of 149 performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.6 Flood Lighting. 7-10.4.6.1 General. When work is being performed during hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used to illuminate the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting shall provide visibility for a distance of 1/2 mile (800 m). Flood lights shall not shine directly into the view of oncoming traffic. 7-10.4.6.2 Payment. No separate or additional payment will be made for flood lighting. Payment shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.7 Security and Protective Devices. 7-10.4.7.1 General. Security and protective devices shall consist of fencing, steel plates, or other devices as specified in the Special Provisions to protect open excavations. 7-10.4.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security fencing shall conform to 304-5. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the Contractor shall provide equivalent security. 7-10.4.7.3 Payment. No separate or additional payment will be made for security fencing or protective devices. Payment shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.8 Steel Plate Covers. 7-10.4.8.1 General. The Contractor shall provide, install, and maintain steel plate covers as necessary to protect from accidental entry into openings, trenches, and excavations. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps. The Contractor shall submit the design in accordance with Section 2-5.3 which shall include the following criteria: 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 110 of 149 4. The Contractor shall install signage with a 2-inch (51 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24-hour emergency contact phone number. The 5. Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. 6. The Contractor is responsible for the maintenance of the plates and asphalt concrete ramps or other devices used to secure the plates and shoring of the trench to support all loads. 7. Contractor shall immediately mobilize necessary personnel and equipment to repair plate movements, separation, noise, anchors, asphalt ramps or any other deficiency. Failure to respond within 2 hours after being notified by the Engineer shall be grounds for the City to perform necessary repairs at the expense of the Contractor. 8. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer. 9. For trench widths exceeding those in Table 7-10.4.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems. 7-10.4.8.2 Thickness. Steel plate covers shall conform to Table 7-10.4.8.2. TABLE 7-10.4.8.2 Trench Width Steel Plate Cover Thickness Less than 10" 1/2" (12.5 mm) 10" (250 mm) to 1'-11" (580 mm) 3/4" (19 mm) 2' (600 mm) to 2'-7" (790 mm) 7/8" (22 mm) 2'-8" (820 mm) to 3'-5" (1040 mm) 1" (25 mm) 3'-6" (1070 mm) to 5'-3" (1600 mm) 1-1/4" (32 mm) More than 5'-3" (1600 mm) See Note 1 Notes: The Contractor shall submit a Working Drawing and calculations based on AASHTO H20-44 bridge loading. 7-10.4.8.3 Installation. Steel plate covers shall extend a minimum of 2 feet (600 mm) beyond trench edges. Unless otherwise specified in the Special Provisions or approved by the Engineer for the site conditions prior to use, steel plate covers shall be installed using Method 1. Method 2 shall not be used in a traveled lane. Method 1. The pavement shall be cold milled to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface to support the plate with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 1 inch (25 mm) and shall be filled with elastomeric sealant material which may, at the Contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of Tables 203-5.2(B) and 203-5.3(A). 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. Revised 6/15/17 Contract No. 5548-A Page 111 of 149 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 bridging materials including, but not limited to steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be considered as incidental to the work. No separate or additional payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.” ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 112 of 149 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class “A” Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Otherwise, any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class “A” Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office with supplies throughout the entire duration of the contract unless the Engineer approves otherwise. This office shall have a minimum floor space of 440 square feet. All doors and windows shall be provided with screens. Furniture shall be provided as follows, subject to Engineer approval: • one plan table • one standard 5-foot long double-pedestal desk with a drawer suitable for holding files • two chairs • one drafting stool • one plan rack ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 113 of 149 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. i) Revised 6/15/17 Contract No. 5548-A Page 114 of 149 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. 5548-A Page 115 of 149 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. 5548-A Page 116 of 149 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. 5548-A Page 117 of 149 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. 5548-A Page 118 of 149 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. 5548-A Page 119 of 149 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. 5548-A Page 120 of 149 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 field office per Section 8-2.3 or field laboratory or bathhouse facilities will not be required for this project. Temporary Traffic Control The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment and incidentals, prepare traffic control plans and implement temporary traffic control systems, complete in-place and in accordance with the Contract Documents, including Sections 7-10.1 through 7-10.3 and 601 and its subsections, and all work required to be obtain a no-fee Right-of-Way permit(s). 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. Storm Water Pollution Control (SWPPP) The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, tools, equipment and incidentals for preparing, amending and implementing the SWPPP in accordance with Section 7-8.6 and 300-12. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 121 of 149 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. Excavation Support System The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, bracing, sloping or equivalent method of support for excavations for the protection of life or limb which shall conform to applicable safety orders. This includes, but is not limited to, the preparation and submittal of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground in or adjacent to trenches or open excavations, and acceptance of said plan by the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the excavation support system standards of CCR, Title 8, Section 1541.1, the plan shall be prepared by a California registered civil or structural engineer. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety. Dewatering The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to design, install and maintain a temporary dewatering system during construction and manhole rehabilitation in accordance with the Contract Documents. The price paid shall include, but is not limited to, compliance with permits, submittal of a dewatering plan; temporary asphalt (cold mix); protective barriers, ramps or plating; system testing and maintenance for the duration of the work; redundant pumping units; security; disposal of all dewatering discharge; removal of the system upon completion of work and site restoration. Temporary Sewer Bypass The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to design, install and maintain temporary sewer bypass system during construction and manhole rehabilitation in accordance with the Contract Documents. The price paid shall include, but is not limited to, submittal of a sewer bypass plan; all connections, piping, redundant pumping units; security; temporary asphalt (cold mix); protective barriers, ramps or plating; testing and maintenance of the system for the duration of the work; removal of the system upon completion of work; and site restoration. Sewer bypass plan shall be designed to provide full system redundancy for required bypass flows. Furnish and Install 15” SDR35 PVC Sewer Gravity Main The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to install new sewer gravity main of the size and type and to the limits specified in accordance with the Contract Documents. This bid item shall include, but is not limited to, pavement saw-cutting; demolition of pavements; excavation; removal and disposal of existing pipe; pipe, gaskets, manhole adapters and couplings; sewer lateral reconnections and manhole connections; filter fabric; placement of imported crushed rock bedding and pipe zone backfill; placement and compaction of trench zone backfill; temporary AC paving; disposal of surplus materials and all incidental work. This bid item shall not include pavement structural section restoration which is measured and paid for under a separate bid item. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 122 of 149 Manhole Rehabilitation The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to rehabilitate existing manholes per City of Carlsbad Standard Drawing No. S-1A and in accordance with the Contract Documents. This bid item shall include, but is not limited to, manhole base modifications; surface preparation; replacement of manhole frames and covers (furnished by the City); and replacement of concrete collars. This bid item shall not include new pipe to manhole connections or pavement structural section restoration which are measured and paid for under separate bid items. Over-excavation and Backfill The contract price paid per for this bid item shall constitute full compensation to furnish all labor, materials and equipment and remove unsuitable materials encountered in the trench subgrade to a depth of 12 inches, disposal in accordance with applicable regulations, and placement of filter fabric and imported pipe zone backfill to the design trench subgrade elevation. The removal limits shall be as ordered by the Engineer. Aggregate Base The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and place untreated aggregate base (Caltrans Class II, Section 26- 1.02B), complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and Modified GS-26) and other requirements of the Contract Documents. The price paid shall include, but not be limited to preparing and compacting the subgrade and importing, placing and compacting aggregate base above the trench zone, beneath asphalt concrete or beneath Portland cement concrete pavement, flatwork or curb and gutter. Asphalt Concrete The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment for asphalt concrete pavement, complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-26) and other requirements of the Contract Documents. The price paid shall include, but not be limited to saw-cutting and cold milling not included in any other bid item; applying tackifiers; placing and compacting asphalt concrete along sewer main and lateral trenches, manhole excavations or other areas damaged by construction; and applying seal coat. Pavement that is damaged during construction, when such damage could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense. Pavement Striping The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to replace pavement striping, markings and pavement markers that are damaged during construction, complete in-place, in accordance with the Contract Documents and all incidental work or services. Dewatering Pretreatment The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to pretreat potential dewatering discharge if pretreatment is required to comply with a Special Use Discharge Permit or any other permit or appliable regulations, in accordance with the Contract Documents and all incidental work or services. The pretreatment system shall meet the requirements of the Encina Wastewater Authority. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 123 of 149 Payment for dewatering pretreatment will be made on a time and materials basis and not to exceed the stipulated dollar amount shown in the Bid Schedule. The total dollar amount shown shall constitute full compensation for the completion of all such work and no separate or additional payment shall be made therefor. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 124 of 149 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 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 125 of 149 No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 200-2.4.3 Quality Requirements. Add the following: If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do not meet the requirements specified, placement of the Crushed Miscellaneous Base may be continued for the remainder of the working day. Work shall not resume until tests indicate that the aggregate to be used complies with the requirements specified. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified, the Crushed Miscellaneous Base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the material may remain in place and the Contractor shall pay to the City 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the requirements for Crushed Miscellaneous Base, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Class Slump Inches (mm) All Concrete Used Within the Right-of-Way 560-C-3250 (1) (330-C-23) (2) Trench Backfill Slurry 190-E-400 (115-E-3) 8” (200) Street Light Foundations and Survey Monuments 560-C-3250 (330-C-23) 4” (100) Traffic Signal Foundations 590-C-3750 (350-C-27) 4” (100) Concreted-Rock Erosion Protection 520-C-2500P 310-C-17 per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. Revised 6/15/17 Contract No. 5548-A Page 126 of 149 201-1.2.4 Chemical Admixtures. Substitute the following: (d) Air-Entraining Admixtures. The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel or perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A” and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. When matching existing colored concrete or for new colored concrete, provide color selections from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curb line shall match color of Paving Treatment as specified in Section 303-7 of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant complying with either ASTM-C920, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 127 of 149 Plastic foam joint fillers shall be pre-formed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2.1. Asphalt Binder. Add the following: Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4. 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10 for a surface course 2 inches in depth and B-PG64-10 for all base courses. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values and/or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 128 of 149 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/- .40 of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4. SECTION 213 - ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS Add the following section: 213-5.1 General. Geotextile types shall be used for the applications listed in Table 213-5.1. Table 213-5.1 GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6”) Wire and 3 m (10’) Post Spacing 90WS Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencing 200WS Add the following section: 213-5.2 Erosion Control Specialties. Storm water erosion control plans shall be prepared, implemented, and maintained by individuals with the respective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4. I ~ ~ J Revised 6/15/17 Contract No. 5548-A Page 129 of 149 Add the following section: 213-5.3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50lbs) of 19 mm (3/4“) crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General: Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to Caltrans Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to Caltrans Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of Caltrans Specification No. 8010-004 (Type II). Caltrans Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the Caltrans Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 214-6 PAVEMENT MARKERS Add the following section: 214-6.4.3.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214- 6.4.3.1, or equal thereto. TABLE 214-6.4.3.1 TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Markers Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, WA 98424, (877) 335-4638 Add the following section: 214-6.4.3.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-6.4.3.2, or equal thereto. Revised 6/15/17 Contract No. 5548-A Page 130 of 149 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. 5548-A Page 131 of 149 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 – EARTHWORK Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4. Add the following section: 300-12 STORM WATER POLLUTION PREVENTION PLAN 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the City of Carlsbad Engineering Standards Volume 4 “SWPPP Manual”, “Greenbook” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction (“Handbook”), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-12.2 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3. If revisions are required, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; 4. Non-storm water management and waste management and disposal control practices. 5. Daily street sweeping ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 132 of 149 Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the “Handbook” and these supplemental provisions. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 133 of 149 Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the rainy season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the rainy season or upon start of applicable construction activities for projects which begin either during or within 20 days of the rainy season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor’s cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-12.4 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the “Handbook” shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the rainy season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24-hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 300-12.5 Payment. The contract lump sum price paid for the SWPPP work shall include full compensation for the design, submittal, obtaining approval, and amending the Tier 2 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. The most recent Tier 2 construction SWPPP Template is available on the City Website and an example is included in Appendix “B”. Partial payment shall be based on the percentage of the total value of work completed. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 134 of 149 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. 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 135 of 149 The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. 302-5.5 Distribution and Spreading. Add after the second sentence of sixth paragraph: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on- site backup paving during all paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self- propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion. 302-5.6.1 General. Add to the second paragraph, Part (2): Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Add after the last paragraph: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment. Replace the first sentence with the following: Payment for pavement resurfacing shall be made at the unit bid price for the item requiring such work. Add the following section: 302-15 PUBLIC CONVENIENCE AND TRAFFIC CONTROL. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the city’s contracted waste company. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the Contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter and modify it with the appropriate street names, dates, times, and phone numbers specific to the work. The limits and sequencing of the Contractor’s resurfacing operations shall impact no more than 900 lineal feet of street or curb-side parking for residents and business on any given day. 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, ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 136 of 149 sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the advance notification door hanger which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall use the sample door hanger provided by the city and submit door hangars to the Inspector for approval. Notices shall not be distributed until approved by the Inspector. The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 4 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65-lb card stock. The printing on the notice shall be no smaller than 12-point. The door hanger shall list the street name, date, time, phone numbers, and appropriate information specific to the work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price for the Work requiring such notifications and no separate or additional payment shall be made. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Add the following: If groundwater is encountered, Contractor shall work a minimum 2’ deep of ¾” gravel into soil to provide an adequate base for construction of concrete structure. 303-1.11 Measurement. Delete the subsection in its entirety and replace with the following: Concrete structures will be measured for payment by each structure installed as specified in the bid schedule and in accordance to the plan and any referenced standard drawings. 303-1.12 Payment. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 137 of 149 sections, bases, steps, clean up; and for all other work necessary to install the concrete structure, complete in place, and no additional compensation will be allowed therefor. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: Portland Cement Concrete construction shall include, but not limited to, curbs, walkways, cross gutters, access ramps, driveways, concrete curb outlet, terrace ditches, and all other miscellaneous PCC construction items as indicated on the plans and per these Specifications. Removal of adjacent asphalt concrete and aggregate base removal associated with concrete curb construction shall be replaced with full depth asphalt concrete with a minimum width of one foot perpendicular to the face of concrete edge. The replaced section shall conform to the requirements of Sections 203-6, 302-5, 401-3 and match the depth of the adjacent concrete gutter. The Contractor shall verify with a “smart level”, string line and/or water testing that positive drainage is maintained upon completion of finishing, and any irregularities causing water ponding shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to pouring any PCC construction improvements. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be considered as continuing across driveways, access ramps and drainage inlets when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. Revised 6/15/17 Contract No. 5548-A Page 138 of 149 SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION Add the following: 306-3.1 General. When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-3.2 Removal of Surface Improvements. Add the following: Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 401 of the Standard Specifications and these Special Provisions and reconstructed in-kind. 306-3.5 Maximum Length of Open Trench. Delete the first sentence for the first paragraph and replace with the following: Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed in a single day. 306-12 BACKFILL. 306-12.1 General. Add the following: The Contractor shall install detectable underground utility marking tape above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. Delete the following section in its entirety and replace with the following: 306-12.3.2 Compaction Requirements. The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 915 mm (36”) of the street right-of-way, compaction shall be 95 percent. 306-13 TRENCH RESURFACING. 306-13.1 Temporary Resurfacing. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 139 of 149 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. 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 ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 140 of 149 storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30 mm (0.10’) thick asphalt concrete overlay is not permitted. Add the following section: 314-4.3.5.2 Layout, Alignment, and Spotting. The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80 mm per 100 m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80 mm per 100 mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. Add the following section: 314-4.3.5.3 Application of Paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within the same working day of pavement resurfacing. After fourteen (14) calendar days, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 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. ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 141 of 149 314-5 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. 5548-A Page 142 of 149 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. 5548-A Page 143 of 149 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. 5548-A Page 144 of 149 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. 5548-A Page 145 of 149 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. 5548-A Page 146 of 149 curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 4-1.5, "Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following subsection: 601-3.6.5.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. Add the following subsection: 601-3.6.5.2 Appearance. Exposed surfaces of new and used units of temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 “Paint Systems” and 310 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor shall replace or repaint units of temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or other materials that mar the appearance when ordered by the Engineer. Add the following subsection: 601-3.6.5.3 Manufacture of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be manufactured per Caltrans Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201- 1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to Section 201-1, “Portland Cement Concrete” and Section 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM A36/A36M. The bolts shall conform to ASTM A307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM A36/A36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded on the upper end with a 5 mm (3/16”) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in Section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following subsections: 601-3.6.5.4 Installation of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be installed per Caltrans Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 147 of 149 arc on curved alignment. Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of Section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition or constructed to its planned condition. 601-3.6.5.5 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be selected from the latest Caltrans Authorized Material List for highway safety features and shall meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per Caltrans Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each TSFCC array as shown in Caltrans Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. 601-3.7.5 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS) Add the following: 601-3.7.5.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 148 of 149 601-3.7.5.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. 601-3.7.5.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. 601-3.7.5.4 Measurement and Payment. Payment for all traffic signs, including Portable Changeable Message Signs, are incidental to the bid item for Temporary Traffic Control and no other compensation will be made therefor. 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS 601-4.2.1 Application of Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable- type pavement markers shall conform to the Section 314-3 Removal of Pavement Markers and ,.._. ~- Revised 6/15/17 Contract No. 5548-A Page 149 of 149 Section 314-5 Pavement Markers, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 314-5.4 Placement, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. ,.._. ~- Technical Specifications SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING PART 1 -GENERAL 1.1 REQUIREMENTS A. This section describes the requirements for temporary bypass pumping of sewage flows. When sewage bypass and pumping is required, or the Contractor elects to perform, the Contractor shall submit a Temporary Bypass Plan conforming with the requirements of this Section. B. Contractor shall provide labor, materials, equipment, and supervision to temporarily provide bypass pumping around the Work. No interruption of sewage flow shall be permitted throughout the duration of the project. C. Bypass Operation: 24 hours per day during the period of Work. Operation of the bypass system shall be continuously monitored by the Contractor's personnel. D. The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders, and regulations which in any manner affect the conduct of the work, specifically as they relate to wastewater discharges, spills, or overflows to the environment. The Contractor shall be fully responsible for preventing wastewater discharges, spills or overflows; containing the wastewater; and recovery and legal disposal of wastewater. The Contractor shall be responsible for payment of any fines or penalties assessed against the Agency and for claims and liability arising from negligent or willful discharge of wastewater including attorney fees and costs associated with defending any action against the Agency resulting from such discharges, spills or overflows. E. The Contractor shall not interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow. The Contractor will be charged for all costs associated with the Agency's efforts if they are dispatched to the discharge, spill or overflow. F. The Contractor is prohibited from discharging any groundwater, stormwater or hazardous waste encountered during construction project without prior written approval by the San Diego Regional Water Quality Control Board and the Encina Wastewater Authority. Refer to the General Provisions Section 7-8.6. G. The Contractor is responsible for noise attenuation equipment and odor control measures if determined necessary by the Agency or County based on site conditions and impact to adjacent property owners. H. The Contractor is responsible for contacting property owners and business that are affected by the construction activities to inform them of the Work and the estimated schedule. Written notice shall be delivered to each home or business in accordance with the General Provisions. A doorhanger notice to residential properties template is available from Agency. I. Two (2) working days prior to any work affecting a sewer lateral, a follow-up notice shall be delivered to each home or business. The notice shall instruct occupants to minimize CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 1 of 7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING water usage on the day of the work and to fill floor drain traps with water to prevent potential odors. 1.2 SUBMITTALS A. The Contractor shall submit a Temporary Bypass Pumping Plan (Plan) to the Agency at least fourteen (14) days prior to the implementation of flow diversion/bypass. 1. The Plan shall indicate the sequence of construction and the diversion operations and all other operations the Contractor will establish to maintain wastewater service during the diversion/bypass period. 2. The Plan shall be reviewed and approved by the Agency before flow can be diverted/bypassed. No deviation from the approved diversion/bypass plan will be allowed without prior approval from the Agency. 3. The Plan shall include an Overflow Emergency Response Plan (OERP) indicating the procedures, personnel, equipment, and activities that will be implemented in the event of a wastewater discharge, spill or overflow to the environment, or diversion system failure. The Contractor shall be responsible for implementation of the OERP in accordance with this Section. B. Bypass Pumping Plan. 1. Provide for each bypass pumping scenario for the project. Bypass pumping plan shall include at least the following: a. A plan view drawing to graphically show the location of the bypass pumping equipment and appurtenances. b. Staging areas for pumps . c. Sewer plugging method and types of plugs. d. Size and location of manholes or access points for suction and discharge piping. e. Size of pipeline or conveyance system to be bypassed. f. Number, size, material, location and method of installation and protection of suction and discharge piping. g. Bypass pump sizes, capacities, and number of each size to be provided on-site including all primary, secondary, and spare pumping units. h. Calculations of static lift, friction losses, and flow velocity for selection of pumps and piping and pump head-capacity curves and operating ranges. i. System pressure for calculation of hydrostatic testing requirements. j. Downstream discharge plan. k. Method of protecting discharge manholes or structures from erosion and damage. I. Temporary pipe supports and anchoring requirements. m. Thrust and restraint block sizes and locations. Provide the details necessary to demonstrate the integrity of all suction and discharge piping. n. Sections showing suction and discharge pipe depth, embedment, select fill and special backfill. o. When required, sound attenuation features for each pump and any additional equipment that is included in the Bypass Pumping Plan. p. Access plans to all bypass pumping locations indicated on the drawings. q. Schedule for installation, testing and maintenance of bypass pumping system. r. Emergency plan for adverse weather and flooding. CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 2 of 7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING s. Contractor's plan for providing continuous monitoring of the bypass pumping operation as well as the monitoring persons' qualifications. t. Flow-thru plugs: If flow-thru plugs are utilized for bypass, provide detailed design including, but not limited to, the flow-thru pipe size(s), configuration and location, and a capacity analysis to verify plug capacity vs design flow. The flow-thru plug shall be tethered or adequately braced during all diversion activities. 2. Subject to the approval of the Agency, if bypass pumping is not required for a location, the Contractor may elect to plug and vactor sewage flows for the duration of the Work. The Contractor shall submit a plug and vactor plan for each location which shall include at least the following: a. Sewer plugging method and types of plugs. b. Size of pipeline or conveyance system to be bypassed. c. Duration of plugging and ca lculated volume of sewage, including elevation of sewage head. d. Emergency plan for adverse weather and flooding for various phases of the Work. e. Contractors plan for providing continuous monitoring of the sewage flows as well as the monitoring persons' qualifications. 3. Emergency Contact List: Provide three emergency contacts who are able to respond and be on site within two hours of contact. Provide name, cell phone, and email addresses. List shall be posted in a conspicuous location at the bypass pump location. C. Overflow Emergency Response Plan (OERP) 1. The OERP shall be developed to respond to any construction related wastewater discharge, spill or overflow to the environment. The Contractor's OERP shall not rely on Agency personnel for emergency response, but they may be dispatched, at the Agency's discretion and/or availability, to assist the Contractor. If the Agency's personnel respond, the Contractor shall be responsible for all associated costs. 2. The Contractor is prohibited from unauthorized discharge of any wastewater, groundwater, storm water, or hazardous waste encountered during the construction project. 3. The Contractor shall immediately contact the Agency upon discovery or knowledge of an unauthorized discharge and proceed to control, contain or capture such discharge to the maximum extent possible. The Contractor shall cooperate with the Agency for the Agency's reporting requirements for the unauthorized discharge. 4. The OERP shall include at a minimum: a. Identification of environmentally sensitive areas that could be affected by a wastewater discharge, spill or overflow, including but not limited to , waterways, channels, catch basins and entrances to existing underground storm drains. b. An emergency notification procedure the complies with the state and federal requirements including but not limited to, California Health and Safety Code Section 5411 .5. The Contractor shall designate primary and secondary representatives, their respective home and mobile phone numbers. Agency contacts for City Contractors shall also be listed. c. Identification of personnel and equipmenUtools that will be utilized in the event of a wastewater discharge, spill or overflow to the environment. Include an CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 3 of 7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING emergency team with arrangements for backup personnel and equipment. The emergency response team shall be able to dispatch to the site 24 hours a day, 7 days a week including weekends and holidays to respond immediately to any wastewater discharge, spill or overflow to the environment related to the Project work. d. Identification of downstream public water systems. e. Identification of owners of storm water inlets in the immediate vicinity. f. Step-by-step procedures to contain, control, and minimize wastewater discharges, spills or overflows to the environment. 5. At the pre-construction meeting, the Contractor will be provided with a list of Agency representatives to contact in case of a wastewater discharge, spill, or overflow to the environment. These contacts shall be added to the OERP. 6. The Contractor cannot begin work until the Agency has approved the OERP in writing. An approved copy of the OERP shall be available on the job site at all times. 7. It is the Contractor's responsibility to assure that all employees, including subcontractors, know and obey all emergency procedures included in the OERP. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 GENERAL A. The Contractor shall notify the Engineer 48 hours prior to bypassing or diverting flow in any of the pipelines or laterals. Notification shall include location of bypass, when bypass will be activated, and length of time bypass will be in place. B. Contractor shall maintain sufficient equipment and materials on site to ensure continuous and successful operation of the bypass systems. The Contractor shall maintain spare valves, pumps, tees, elbows, connections, tools, sewer plugs, piping, fuel and/or back- up generator, and other parts or system hardware to ensure immediate repair or modification of any part of the system as necessary. C. Bypass piping cannot be placed within private property without the written approval of the Agency. 3.2 BYPASS PUMPING EQUIPMENT A. All equipment, including but not limited to vactors and pumps shall be fully installed, operational, and ready for immediate use. B. Noise Restrictions 1. Pumps and generators shall keep the noise level below 70 dBA at 30 feet. 2. Equipment used in residential areas or night time operation shall have sound attenuation enclosures. C. Capacity CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 4 of7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING 1. Pumps and bypass lines shall be of adequate capacity and size to handle all sewer flow. The bypass pumping equipment shall be sized to handle 100% of the required flows: Average dry weather flow: Peak wet weather flow: As shown on the Plans As shown on the Plans 2. Bypass lines, fittings and all accessories shall withstand twice the maximum pressure required for bypassing and shall be in good working condition. 3. The Contractor is responsible for verifying the actual peak flow rate and designing the flow diversion/bypass pumping system. 4. Spare pumps and generators, with a total capacity equal to 100% of the peak flows, must also be supplied to provide 100% redundancy. D. The Contractor shall perform the necessary maintenance and repairs on the flow bypass system, and exercise and ensure the operation of the backup pumps. The Contractor shall operate backup pumps for a minimum of 25% of the total bypass time on a daily basis E. The Contractor shall provide one dedicated fuel tank for each pump/generator if fuel/generator driven pumps are used. Each fuel tank shall have a fuel level indicator. The Contractor shall continuously monitor the fuel level in the tanks and ensure that the fuel level does not drop below a level equivalent of two hours of continuous flow diversion system operation. The Contractor shall protect the fuel supply from contamination. This could include but is not limited to fuel line water traps, fuel line filters, and protecting fuel stores from precipitation. The Contractor shall also monitor all hoses and repair leaks immediately. F. The bypass pumping system shall be manned at all times, including any bypass pumping performed after normal work hours, weekends and holidays. 3.3 PROTECTION A. Contractor shall mark and protect suction and discharge pipes. B. The Contractor shall inspect the entire bypass pumping and piping system for leaks or spills on a continuous basis. C. No bypassing to the ground surface, receiving waters, storm drains, or bypassing which results in soil or groundwater contamination or any potential health hazards shall be permitted. D. In the event of any sewage spill the Contractor shall follow the approved OERP and the steps outlined in Paragraph 3.4. 3.4 WASTERWATER DISCHARGE EVENT A. In event of wastewater discharge, spill, or overflow to the environment, the Contractor shall: CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 5 of 7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING 1. Immediately implement the OERP without direction from the Agency, to control and contain the discharge, spill, or overflow. 2. Contact Agency personnel immediately. Information to provide shall include at minimum, the following: a. Location of discharge, spill, or overflow b. Start time of discharge, spill, or overflow c. Duration if already terminated, or expected duration if in progress d. Estimated wastewater volume spilled e. Cause (if known) f. Control measures implemented g. Type of remedial and/or clean up measures taken h. Description of affected or potentially affected sensitive areas such as waterways, channels, catch basins and entrances to existing underground storm drains 3. Based on the above information, the Agency will determine if the discharge, spill or overflow is contained, and whether Agency personnel should be dispatched to the site. If dispatched, the Contractor shall be responsible for all costs incurred by the Agency as associated with the discharge, spill, or overflow. 4. Contact owner of stormwater inlets if discharge, spill or overflow enters stormwater system. 5. Report the spill to the applicable jurisdictional agency following the procedures in the OERP. B. The Contractor shall, within 24 hours of the wastewater discharge, spill or overflow, submit to the Agency a written Wastewater Discharge Incident Report. C. The Agency will evaluate the need for procedural changes to avoid further discharges, spills or overflows and the Contractor shall implement such changes immediately at no additional cost to the Agency. The Agency may institute further corrective actions, as deemed necessary. D. The Contractor shall not damage existing public and private improvements, interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow to the environment. Any utility and/or improvement which is damaged by the Contractor shall immediately be repaired at the expense of the Contractor. E. Once the discharge, spill or overflow has been contained and the situation causing the event has been stabilized, the Contractor shall restore the affected areas to original condition. 3.5 FIELD QUALITY CONTROL A. Hydrostatic Pressure Test: 1. Notify the Engineer 24 hours prior to testing. The test shall be observed by an Agency Representative. 2. Attach bulkheads, isolation valves and pressure gauges to the piping to be tested. 3. Fill the discharge piping with potable water and seal the piping on both ends. The Contractor shall be responsible for securing potable water supply. CONTRACT NO. 5548-A TEMPORARY SEWER BYPASS PUMPING Page 6 of7 SECTION 02960 -TEMPORARY SEWER BYPASS PUMPING 4. Test the discharge piping with maximum pressure equal to 2.0 times the maximum operating pressure or 50 psi, whichever is greater for a period of 30 minutes. 5. If no leaks are observed after the test period, the line may be placed in service. B. Inspection: 1. Operator shall inspect temporary bypass pumping and piping system at a minimum of every hour. 2. Operator shall continuously monitor the flow levels downstream and upstream of the flow diversion to detect any possible failure that may cause a wastewater discharge. 3. Keep written inspection log at each pumping location. Provide weekly copies to the Agency in a manner acceptable to the Agency. C. Maintenance: 1. The Contractor shall inspect and maintain the bypass system daily, including the backup system . 2. The Contractor shall submit maintenance procedures and frequency to the Agency prior to any flow bypass. 3. The Contractor shall maintain a log of system operation and inspection, maintenance and repair records, and provide copies to the Agency upon request in a manner acceptable to the Agency. 3.6 CLEAN-UP A. The bypass pumping system shall be flushed with potable water and drained prior to being dismantled and moved to the next location. Drain residual wastewater from the piping system into the Agency sewer main prior to disassembly, taking care to avoid wastewater spills. B. Upon completion of bypass pumping operation, clean disturbed areas, restoring to original condition, including pavement restoration, at least equal to that which existing prior to start of Work. 3.7 SCHEDULING A. The bypassing system shall not be shut down between shifts, on holidays or weekends, or during work stoppages. B. The bypass system shall have a trained and qualified attendant on site 24 hours per day, 7 days per week to maintain the bypass pumping system from the start of bypass until the bypassing of the specific pipeline is no longer required. CONTRACT NO. 5548-A END OF SECTION TEMPORARY SEWER BYPASS PUMPING Page 7 of 7 APPENDIX A DOOR HANGER TEMPLATE APPENDIX "A" CITY OF CARLSBAD UTILITY WORK ABC CONTRACTORS OFFICE# (760) XXX-XXXX FIELD # (760) XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its utilities, existing utility infrastructure will be replaced and the street resurfaced in your neighborhood. This construction will require the closing of your street, from ___ St. to ___ Ave. to through traffic on: MON . TUE. WED. THU. FRI. DATES: XXIXXIXXWXXIXXIXX TIME: AM to PM If you don't plan to leave your home by 7:00 A.M. on the above date(s), please park your car on an adjacent street that will not be affected by construction. Please do not drive, walk on, walk pets, play, or skate in the areas of construction work. U.S. mail delivery and trash pickup will not be impacted. If you have a moving company or other services requiring vehicle access scheduled for these date(s), please call and inform the Contractor of the date and time. Please contact ABC Contractors at the above phone number if you have questions regarding the work. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector@ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX B SWPPP TEMPLATE TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP) STORM WATER POLLUTION PREVENTION NOTES OCNfRN. SIU: UANAOOJfNT RftU80ifNlS 11£ FW.O'MNC CCNC/1AJ. S11£ llANAGDICHT RCOIARDICN1S. SHAU BE NJH£R£D TO 1/l?OIJCHOIJT Tl/[ DURATION OF Tl/£ CONSTRUCTION WORK ('If.AR ROWO) I. IN CAS!' DIEJ1COICY WORK IS REOUIFl£1). CONTACT.· ,__. __ _ AT (TCI..NO.) ______ _ 2. DOfaS SHOIIN ON arr N'Pf/01,£/J PWIS SHALL NOT BE ,l/01(1) OR J.KXJIF£D '/rlTIIOIJT Tiff APPROVAi. OF Tl/£ fNC/1/fIRINC INSP[CT0/1. J. TH£ CONTRACTOR SHAU RfST0/1£ AU EROSION CONTRa. Df\faS TO WORKING OllfJfR TO 11£ SATISFACTION OF 11£ arr £1'QNfER N7fR [AO, RIJN-aT PRaJUC1NC IIAN'AI.L. 4. Tl/£ CONTRACTOR SHALL INSTAU AIXJITIONAI. £ROS/ON CONTRa llCASVIICS AS MAY BE REOIARED BY 711£ arr [NCIN[[R DU[ TO UIICOIP'tEITT) GIIAIJIIIC OP[RATIONS 0/1 IJNF0/1SCD/ CIRCVllSTANCCS IIHCH MAY AI/JSC. 5. THC CONTRACTOR SHAU BE RESl'ONSlaE ANO SHAU TAX[ NCCESSARY PRECAUTIONS TO PllflCNT PIIBUC 7RfSPASS ONTO AREAS lllfOlf" lllP<M«D WA TCRS CRfA Ir A 1/AllJIOCJJS C()N()JTION. 6. GRAD/IC AREAS AJ10UNI) TH£ PRO.ECT PfRIIJf7fR MUST DRAIN AWAY FRal THE FACE OF SI.OFf AT THC CONQUSION OF fACH WOl1KINC DAY. 7. AU REJIOVAaE PROTrCTM /JOfCCS SHAU BE II Pu.CC AT 7IIC £JI) OF fACH fO/IK/NC DAY "1/£11 n1£ (5) DAY RAIN Pllt:6ABIUTY FORCCAST EXCW)S FORTY P£RCC/IT (4CX). Stt.T AND OTHOI DEBRIS SIIAJ.J. BE RD/01(1) N7fR fACH IWIFAI.L. 8. AU GI/Alfl. BAGS SHAU CONTAIN J/4 INCH lllN/JIW AGGllfGAlr: 9. A/.1 DIPOS£D 0/SIURfifD AREAS l/UST HAI£ EROSION PROlfCnON 8IJPs PROPU/1.Y JNSTA/.1£0. 1lfi INO.IJO€S A/.1 81AW/NC PADS. IJNFINIS1£D ROADS. AMJ SI.OFfS. 10. AOCOIJAlr Pf/lfllf:TUI PR01£CnON 81/Ps llUST BE INSTA/.1£0 /WO llAIHTAIN[T} ANO 'lrlt1. Bf IJPCRNJ[D, F NCCCSSARY, TO PROlfDC S/.fl1CJfNT PR01£CTION FRal RIJNOFF DUflrlC RAIN O!NTS. II. ADCOOAlf SClJ/j/[JIT CONTRa &IP, l/UST BE rlSTA/.1.lD ANO llAIHTAJNW. 12. ADCOOA 1£ 8'IP, TO CONTRa OFFSllr SEDIJlfNT TRACKJNC llUST BE rlSTA/.1.lD ANO IJAJNTAINU}, IJ. A "6N/IIW OF 125:C OF THC llATU1/AJ. NfCDCD TOO IISTAU STANDBY BJIP, TO PROlfCT Tllf DIPOS!'D AREAS FRal EROSION AND PR£1£NT SClJ/llfNT DISOIARCCS, lll/ST BE STORCD ONS/1£. AREAS AUlfAOY PROTrCTCD FT/al £ROS/ON VSIHC PH'ISICAL STABJLJZAnON 0/1 fSTABIJSHfD 1£G£TAnON STABVZATION BJIP• AJ1E NOT CONSIDCRCD TO BE =• FDR PIJRPOSES or THIS Rf~T. 14. Tit£ OIIN£R/f)fifl.OPfR/CONTRACTOR llUST FW.Ott ",0111£R TRIGG£R£I)" ACTION PIAN ANO Bf AlJL[ TO DfPf.OY STANDBY IM'• TO PROlfCT TIE DIPOSED PO/WONS OF TH[ S11£ 11111111 48 HCVRS or A PRCI/ICTCD ST0/111 O!NT (A PRCDIClfD ST0/11,1 O!NT IS DCF1Nf0 AS A 40/C CHANCE OF RAIN '/rlTHJI A 5-0A Y NA nONAJ. Mf'A THFJI SIJ/lfCC FDRCCAST}. ON REOIJfST, THC O'MlfR/f)fifl.OPfR/CONTRACTOR llUST PRO>IDC PROOF or 1lilS CAP'811.JTY. 15. DCPI.OYI/ENT OF PHYSICAL 0/1 ICCCTA nON fROSION CONTRCl 8MPs WST CCUIIOICC AS SDON AS SI.OFfS AJ1E COl/Pl.£1£D. 7IIC O'MlfR/l)CY[LIY'fJI/CONTRACTOR MAY NOT RnY ON 711£ '811./TY TO DCPI.OY STANDBY &IP llATUIJAJ.S TO PRCl£NT [IIOSION or SI.OFfS THAT HAI£ 8£IN COllP<IlfD. 16. TH£ AREA THAT GAN Bf Cl£AJ1ED, GIIADCD. AND I.UT EXPOSED AT ONE TIJIE IS I.MlfD TO Tit£ l,Jl{)fJNT OF ACRfACC THAT TH[ CONTRACTOR GAN ADCOOATU.Y PROlfCT PRIOR TO A PREDIClfD RAIN f:1£NT. FDR UJIC£R SllrS, GRADING SIKJUIJ) BE PHAS!'D. IT llAY BE llfCCSSARY TO DCPI.OY EROSION AND SC/JIJJfNT CONTROi. 8IJPs II AREAS THAT ARE NOT fXJIJPIElfD, BIJT ARE NOT ACnlfl. Y BlJNC WORKlD 8£FOl1[ ADOITIONAJ. CI/AIJtNC IS AUOIOCD TO PROCC[/), AT Tit£ Dlsctl!nON or TH[ arr INSl'fCTOR. 17. AU DIS711RBCD AREAS THAT ARE NOT ca./PtETCD ANO/UR NOT 8l1NC ACnlfl.Y CRADCD MUST Bf FU/.1. Y PR01£C1£D FRal EROSION FI.UT FDR 14 0/1 llORC DA IS 111[ ABI/JTY TO INSTA/.1 81.1P llA TEII/AJ.S IN A PROIIPT llAHNCR TS 1f!2I sumao,r, 8/JPs N[CD TO 8[ INSTA/.1£0 IN T/£5!' AREAS. ,a. BUPs WST 8£ STOCKPIL£D AT VARIOUS LOCATION THROIJQIOOT n£ PRO.£CT 9Tr TIIIIOUQIOUT 111£ lfM. Wl£NOfR THCTI£ IS A 40/C CHANCE 0/1 GllfA 1fR or A RAIN tflTlflN A THl/£c (J) OAY FDRCCAST, 111£ INSP£CTOR 1t11.L lfJIIFY THAT 8MP1 ARE AOCOUATU.Y STOCXPLED. 8JIP, WST BE STOCXPLED ANO READY FDR DCPI.OYllfNT rHJI THCTI£ IS 50/C O,ANCE or RAIN tflTH/N A 48 HOUR FORECAST. FAIi.i/Rf TO C/Jl,/PI.Y '/rlTH THIS R£00/RDl£NT C(XJUJ RESU..T IN TH£ ISSIJANCE OF A ST'E MB' NOW t:R OTHER [HFOI/CCl,/[NT ACnON. 19. Al.1 TREATIJfHT AND E110SION CONTROi. BJIP1 llUST Bf INSPfClfD 111IA1. Y ANO PR/0/1 TO A FDRCCASlfD fWH H£/IT or Cl1£ATCR Tl/AN 50.t; ANO N7fR A RAIN f:1£NT. IN ADOIT/ON, TllfAT/JfNT CONTROi. BMPs WST Bf Sl'R.a:D AS N[[D[D TI/ROIJQ/OUT Tl/[ lfM. 20. If' SCIEClfD BMP FA/1.S DUii/NC A M N [',£NT, IT I/UST Bf REPMIED OR 11,/PRQl(D 0/1 RCPU,CED MTH AN AIXF:PTAIJL[ Al.TCRNAlf AS SDON AS IT IS SAf'f TO DO sa Tl£ FAIi.URE or A 811P INOJCAlfS IT WAS NOT A()£OIJA1£ FOR TH[ CIRCWSTANCCS IN 'M-1/0, IT WAS US!'D. IIEPJJRS ANO RfPU,CDlfNT WST TH£1/UDRC PUT A l/0/1£ ROBIJST /IMP llfASURE IN Pu.CC. 21. AU CONSTRUCnON DIPI.O'IF[S I/UST 8[ TffAIN£T) ON TH[ lllPORTANCC or ST0/111 WATfR Pa.LUnON PRCl£NnON ANO 81.1P l/AINTCNANCC. WEATHER TRIGGERED A CTION PLAN TH[ DflfJ.IY'fJI SHAU DCPI.OY STANDBY BEST llANACEJ,l[NT PIIACnGC llfASUICS TO COMPI.ETU.Y PR01£CT TH[ DIPOS!'O PORnONS Of' Tlf[ S11£ 'MTHIN 48 Ha./RS or A ff/£DIC1£D STORil O!NT ( A ff/£DIC1£D ST0/111 E'l£NT IS OU1IED AS A FORCCASlfD, 40/C CHAI/CC /}f' RAIN BY TH[ NAnONAJ. 'IICATHfR S!'RlfCC). IN ADOlnON TO 81,/1', llll'WlfNlfD 'lf-AR-ROUNO /HQ~ PCT1tlJETfR CONTT/a, ""6J £ROS10N CONTRa, TffACKING, IIOII-ST0/111 .. AlfR CONTRa, WASlf llANACCl/fHT, AND llATfRIAJ.S POUUnON CONTR<X.. TH[ NAnONAJ. Mf'ATH[R S!'RlfCE FOR!CAST SIIAJ.J. BE l/ONITORCD ANO US!'D BY THC DflfJ.OPCR ON A DAU BASIS. F Pl/£CJPITAnON IS PRCDIClfD (40% CHANCE or RAIN). TllfN TII[ llfCCSSARY WATfR POUUnON CONTffa PRACnccs SHALL 8[ OfPI.O'tfO IIITIIN 48 HOURS ANO PRIOR TO Tllf ONS!'T /}f' 7IIC PRCCJPITATION. TltC DCPI.OYIIOIT or 111[ 8WS SHAU INQ.WC f/tJT NOT BE I.Jl,llfD TO GI/Alfi SACS ANO SII.T ro,ccs. A l,/IN/1,/UI/ or 125/C or TH[ I/A 7f11/AJ. NfCDCD TO INSTAU STANDBY BfST MANAGDICHT PRACnGCS ll£ASVl1£S TO PROlfCT 11/C Dl1'0S!'D AJIEAS f'OIIJI UIOS10N ANO PR£1£NT SClJ/1,/fNT IJISO,ARC[S llUST Bf STDRfD ON-Sl7f. AREAS THAT HAI£ Ai.READY 8f£N PR01£C1£D FRal UIOS10N USING PH'ISICAL STABI/JZA nON 0/1 fSTABI.JSH[O ICCCTATION STABVZAnON 81/PS AS D[TfRWNCO BY Tiff arr or CARLSBAD AJ1E NOT CONSIDfR[1) TO BE "D/1'0S!'D" FDR THf PUIIPOS!'S or "lt£AT/£R TR/CCOl£O ACnON PIAN'. AN AOCOIJA 1£ SOURCE or [OUIPU[N T ANO WDRKfRS SHAU Bf A VAII.A!I.[ FDR DCPI.OYllfHT /}f' "IIEATHCR TRICCCRCD 8MPS". lRQ.90N CQN1Ra. H'f'DROSffDING PUN¥ AND fiRlG.1 QON 1. AU POlllANOIT ANO TDIPORARY UIOS10N CONTROi. PUNT/NC ANO 1RIIICA nON SHALL BE INSTAI.LfD ANO llAINTAJNCD AS REDIJtRCD IN S!'CnON 212 or TH£ STAHOAIIJ) SP£CFICA TIONS ANO THC Fa.10'/rlNC: A HWJf10SCfDINC SHALL BE APP[£{) 1°' 1 AU SI.CffS THAT AJ1E GIIADCD 6:1 (HORIZONTAi. TO 1£RTICAl) 0/1 S7fU'CR rHJI TllfY ARE: a. 11/Rff f'ffT 0/1 II0/1C IN /£1CHT AND ADJACENT TO PUBUC WAU al STREIT. b. AU SI.CffS 4 ITET 0/1 II0/1£ IN HtJGHT. 2 AREAS GIIAO£D FUTTEJI THAN 6: I ltHEN ANY or 11/C FaJ.O'MNC CONOlnONS £XIST: a. NOT SCH£DUWJ FDR IIIPRO',£JlfJ;TS (CONSTRUCnON 0/1 CCNUIAJ. WIOSCAPINC) Ill Tlf1N 60 DA I'S or ROIJCH GI/A/)/NC, b. IJlN1Yl[J) BY TH£ PJJIKS ANO R£CRfAnON 0/RCCTOR AS HCHl. y lfSl9t£ TO Tllf PU6UC. C. HAI£ ANY SPfaAJ. CONDlnON IDCN7FED BY 7IIC arr CNCINfCR THAT WIJIRANTS Ml[IJIAlr TR[ATIJ[NT. 8 HYDROsrfDIHC AREAS SHAU BC lfll/JGAlfD IN ACCORDANCE '/rlTH THC FaJ.OKINCCR/TEIIIA: I AU SI.OFfS THAT ARE CRADCD 6: I OR S1UPfll AND Tl/AT AJIE: a. Tl/Rf£ TO OCHT f'ffT IN HOCHT SHAU BE R/1/CAlfD BY IWID WA TfRINC TROii OIJ1CK COIJPWIS,ntl)SE ll1BS 0/1 A CONICNnONAJ. Sl'STCJI or LOW PRCCJPITAnON SPRIIKLER i£ADS PROWJ/NC 100:C C01£RACC b. CREA 1fR TIIAJI a FUT IN HflCHT SHALL BE WA 7f/l£D BY A CONICNnONAL S)STCJI /}f' LOW PRCCJPITA nON SPRIIK1£R 1/fADS PROWJINC 100:C COl1JIACC 2 AREAS SI.OFfD LESS 1/WI 6: 1 SHALL BE 1RIIICA 1£D AS APPR!ll(D BY Tllf arr fNCINfEII, PRta1 TO H>fJROSEIDINC. TH£ OE\UOPfR SHAJ.J. SIJ6/JIT A PROPOSED SO/DI£ TO PROlfDC IRRIG,<nON TO TH£ arr fNQl/ml. THC PIIOPOSAJ. SIIAJ.J. BE SPfCIFIC REGARDING THC Mllll/lRS, 1">Pf. AND COSTS or TH[ EW/fN1S. or TH[ PROPOSED Sl'STCJI. J IRIIICA nON SHAU l/AJNTAJN TII£ ll/JISTURE /.£l£l. /}f' TIC saL AT Tllf <P7IIUII /.£l£l. FDR Tl£ GI/AO/NC /}f' Tllf H'IOROSfIT)(D GIIOWTII. C HYDIIOSHDINC j/f)( SHAJ.J. CONSIST or AU or TH[ FW.OHINC: I srm j/))( SHAU CONSIST or NO L£SS THAN: a. 20 ,,,. PfR ACRC or ROSC aoio b. 20 11,, PfR ACRf or ZORRO rrscvc c. Jib• PC/I ACRf or [ SCHOa. QA CALFDRMCA d. • lbs PCR ACRf (Y AOIN.1.£,4 WLJ..UalA & Jib, PC/I AC/If: /}f' Al. >SSW (CARPfT or SNOW) f. 1/2 lb. PfR ACRC tr DIIIORPHa.ECA g. ITDIS ~ d. & AND f or 1lfi SUBS!'CTION llAY BE 0/JITlrO ON ~S/81.£ FRal OTHCR A PUlJ.JC STR£f7 0/1 R£SIO£NTIAL STRUCTIIICS. h. /Tfll a or THIS SIJBS£CnON lll/ST BE IHOCVlAlfD 111TH A NITROCEN Fl)(JNC BACTEIIIA ANO APP[£{) ORY OTHFJI BY OI/WNC 0/1 8ROADCASINC BU0/1£ HYDROSCfTJING. AU smJ /JATlJIIAJ.S SHAU 8[ TRANSPORlfD TO TH£ ,XJIJS/1£ IN IJNOPCN[{) CONTAIHCRS '/rlTlf TH[ CAUFOIINIA DCPARTIJfNT OF F000 ANO ACRlaJI.TURf CCRTF1CAnON TAC ATTAQIOJ TO, 0/1 PRINlfD ON SAD CONTAJICRS, IIOII-PHYTO-TOXX: >UT/NC ACfN1S. llAY BE AIJDC1) TO 111[ HYf/ROSC£D SI.IJRRY AT TH£ Olsctl!nON or TH£ CONTRACTOR. 2 T'IPC I IIIA.CH N'Pf£1) AT TH[ /?Air or NO LCSS HAN 2000 ,,. PC/I AC/iE T'IPC 6 /AfO, (STRAW) IIAY Bf SUBSnTUlfD, llf£JI STRAW IS usro, IT I/UST Bf ANCHDRCD TO TH[ SI.OFf BY ll[CHAIICA/.1. Y PUNCHNG NO L£SS THAN 50% IF 1H£ S'IRAW INTO THE sat. J ffRTIUZCR CONSISTING or AIIJJONKJ/,/ PHOSPHATf: sut.FATf, 16-2<>-0 111TH 15/C SUIPl«JR APP[£{) AT TH[ RA If or 500 lbs P£R AOil:. 0 AREAS TO BE H'IOROSfIT)(D SHAU Bf PRfPARO) Pl/KR TO H'tOIIOSCCOINc: 1 ROU<H:NINC 111[ SUI/FACE TO BE PIANlfD BY ANY 0/1 A catBINA n0N OF: a. TRACK ~AJJ(ING SI.CffS STffPfR THAN 6: I. b. HAJIROMNC AREAS 6:1 0/1 FUTTEJI THAT AJ1E StJma[NTlY FRJAIU. 2 AREAS GIIAO£D FUTTEJI THAN 6:1 ltl/fN ANY or THE FaJ.O'lrlNC OONDlnONs DOST: a. AIM/ST/NC TH[ SI.MACE SOI. /JaSTIIIC TO PROlfDC A OAJ/P BIT NOT SATURAlfD SCCD BED. b. TIIC A/)()/TION or .lllll. Al/OIO/,/[Jl,S. PH AO.AJSTll[NT, ILAa/lNC C(/1£11/NC SAJ.JNf SOllS TO PROlfDCO lfA8l£ CONOlnONS FDR GI/OWTII. [ HtfJROSUIJINC AREAS SHAU BE llAINTAJNEO TO PROVIDC A WCC110US GIIOWTII IJN111. 11/C PRO.ECT IS P[//J,/AN(NTlY LANOSCAPCD 0/1, FDR AREAS 'Ml£I?[ H'/VIIOSECO/rlC IS 111[ P[//J,/AN£JIT t.,WOSCAPINC, UNTN. TH£ PRO.ECT IS COllPl.£1fD AND Al.1 BONDS RElEASfD. 2. AU SI.OFfS SHAU HAI£ JI/R/CAnON INSTA/.1.fD ANO 8[ STAllUZfD, PU,NT[O AMJ/0/1 HWR0S£CDCD IIITHIN TCN (10) OAl'S or Tl£ '/Ill[ ltHEN £M1j SI.OFf IS 8ROUQ/T TO CRAOC AS SHDIIN ON 111[ N'Pf/01(1) CRADINC PUNS. J. SHOUI.O CCRlllNAnON or HYOROSffDCO SI.OFfS FAIL TO PRO>IDC EmafHT COl£RACC /}f' CRAOINC SI.OFfS (90/l COl£RACC) PRIOR TO OCT()(JCTI 1, 11/f SI.OFfS SHA/.1 Bf STABI/JlfD BY AN APPROPRJA 1£ UIOS10N CONTROi. IIA TT/NC /IA TfRIAJ. N'Pf/01,£/J BY Tit£ Pll8UC WORKS INSPCCTOR. 4. WIDSCAPINC SHAJ.J. BC ACCOIJPUSl/fD ON AU SI.OF£S AND PADS AS RCOURCD BY 11/C arr or CA/lt.SBAD UNDSCAP£ llANUAL. Tl/[ WIOSCN'INC PUNS FDR THIS PRO.ECT OR AS DIRCC1£D BY 7IIC arr [N(;INf£R or PU»l1NC DIRECTOR. 5. 11/C O'Mlf/1/Al'PUCANT SHAU [NSUR£ THAT AU CONTRACTORS SHALL COCRDINA 1£ TII£ WORK or Tl#S CONSTRUCnON S'M'PP SHOWN ON ANY GRAD/NC PUNS, UNOSCAP£ ANO IRR1CA nON PUNS, AND OIPROIOlfNT PUNS AS RCOUl/fO FOR Tl/IS PRO.ECT IIQlllc'. CllY or OCEANSIDE ~· BEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE Best Management Pract,ce' (BMP) Desaiplion ➔ CASOAO.-➔ ~-Grodinq/Sol Disturbance Trenchinq/&co~tion 2._odq:,lino Orili-Jq/Sorina Concrete alt Sowwtthq Concrete f1ot•ri Pomo Conduit lnstolotion Stucco ator Wort Wost•Dispc»d -~~a,,_Do.,,__,l[_eo fquipma,f Jlaint,nor,c. and f'u,linq Hozordous Subst'71Ce Use/Stor~ Oewoterir?o _${!._e_~µe.53_ Aaou_D..tl_ Other .{fist): klsttvctO'J$" ]I 'a .E d !i! .. I R:S ct! "' ~ Erosion Control W!Ps ... ~ °' .? &j .. ·•1 1i Ito ·• l ~ ~ ~ t_ '8 £,i ~ CZ: i ~.s !Ii ·1"1"'1 °' I" ~ ~ ~ ~ ~ StdtrMConenwlWPs s -I 8-Lir l :s "'~ "'t.,..,••I iii ~ i l ~t .. ~!1. ~i~~lHiU -1..,1·1"'1"' 1Hdd ~ .... I"' I s-~ Ill Ill Tr,cq c«tlrolBIIPs !~~ £ £ !B c§ '2'<:. '2"' .. a ~t ~ ~ g V>.li: V)Q: ~ "' ~ Non-Sformw.ttff Managttrlt(ifJMPs ~ --& ! i~f ! ~ .§ ]:t .§:si i s .v o.-~ -~ .l!]·t~~l!f i.i: " ,l' HI ~ .., l"I"' ~ ~ ~ ~st, Man~ andMarem/s -ea,,,IIIIIPs i ... I 6 i Ii • l = ' . ' . ~ ;Ji ::, j i ~i !i ii lf t .. iJ~i~ cl:15 ~ • jv; i f~Jhuh ' "'.., . .,, 'O .. I I I I I I i i i i i ii j r. CJ?ed: th• box to th, ,.ft of all applicable construction octiity (first co4umn) exptct.d to occur durin9 con,trvction. 2· ~~';; ~ ~ t::e:; ~· u~p ~~ c~:,:1u~ ~s t.tJt,1,1'$ =sr,:~ ':::~~:. 51n"':'s!0';u'~ff¼.;"~~~ t1~50ttl tr:,,~~btr. 0,oose one J. Refer to the C\SOA construction handbook for information ond details of the choun S,.,P, and how to apply !hem to lhe project. LEGEND (oaETc /ID.IS NOT usm ON TH[ 51,r UAP) OfSCRIPnON [C-10, lflOC1TY 0/SSJP,< nON SE -1, SILT FENCE SYI.IBOl • 5£-5, F18£R ROU. -• --• - SE-6, Gl?Alfl BAG = TT?-1, STABIUZED CONSTTWCllDN fNTT?ANCE NS-8, 1£HICI.£ AND [OIJIPll[NT aEANING NS-B OWNER'S CERT/FICA TION: I IINDCRSTAJ/0 ANO AO<NOIUDC£ THAT I I/UST: (1) IJl'WJ[HT BfST llANACCll[NT PRACnCES (8"Ps) OUR/NC CONSTRUCnON ACn11nrs TO 11/C llAXJJIIM fXlrNT PIIACTICAl/lE TO AIOD 11£ IIOBIJZAnON or POUUTANTS SUCH AS S!'/Jlj/[JIT ANO TO A Kl!> Tl£ D<POSU/1[ /}f' STORll WATfR TO CONSTRUCTION RnAlfD POUUTANTS; ANO (2) AJJHlR[ TO, ANO AT AU n,;[S, CO/JP/. Y 'lrlTlf THIS arr N'Pf/01£1) TlfR 2 CONSTRUCnON S'IIPPP 1Hl10UCHOIJT TH£ DIJRAT/ON /}f' TH[ CONSTRUCnON ACnlfTIES UNTI. 7IIC CONSTRUCnON lltl'1/( IS COIJP<Ilr ANO S/CNCD OFF BY TH[ arr or CARLSBAD. OIW!T?(S)/ Ow.NfR'S ACfNT NAJK (PRINT) OAlf OIW!T?(S)/ OWNUl'S ACfNT NA/If (SJQIA 111/C) DAI£ VICINITY MAP SHEE T INDEX : SH£H I: nn.£ SH[fT SHfET 2: EROSION CONTROi. Pt.ANS APN: ________ _ SITE ADDRESS: AREA OF DISTURBANCE ARE,< OF OISTIJRBANC£ S.F. (THIS ARV. /Nauocs BUT IS NOT UUITfO TO OFF-SITE: WORK INCl.UDINC PUBUC IUPROl£UfNTS ANO TDIPORARY DISTURBANCE SUCH AS 1£Hla£ ANO EOUIPUfNT STAGING AREAS, CONSTT?UCnON WORKfR FOOT TT?AmC. saL/Q?A\-H PILES. unurr TT?fNCH[S, BACKnLL CUTS ANO SI.OPE KEYWA r.s) CONSTRUCTION THREAT: CCINSTRUCT/ON 11#/fAT TO ST0/11,1 WATfR oumrr (CHECK BOK): □ HICH □ IIBJIUII OWNER/APPLICANT: NA/IE A00/1fSS: TEllPHONf NO.: EMER GENCY CONTACT: HAJJ[: /,l}/)R£5S: TEllPHONf NO.: NS-9, VFH/Ct.£ ,<NO [OU/PUENT FUWNC NS-10, VffllCI.I ANO [0/JIPl,/[NT UAIN1£N,<NC£ MM-7, MATERIAL DCLJ',£RY AND STORAGE NS-9 NS-10 ..,_, ~ CITY OF CARLSBAD I SHEETS I ,-------------------------1 l__U Et(;INEERING DEPARTMENT 2 l+M-2, MA T'ERIAL USE l-tM-5, SOUD WASTE' MANA.G(IJENT IW-9. SANITARY/SEPnC WASTE: llANACfUENT 8/0RETF:NnON BASIN CONCR[TE: BROW DITCH IW-2 IW-5 W -9 V/40½½1 ¢::i ¢::i ¢::i NAME ~ PR£PARER: __________ _ OUAIJACATION ~ PREPARER~· _______ _ AOORESS: ------------- PHONE NO.: ____________ _ --~. UC. DCP, o,c,n: ~ cm S'IORll WATER POWJTlON PREVENTION PLAN (SYPPP) TIER 2 PROJECT :-IAME: PROJECT ID APPROVED: JASON S. GELDERT CITY [HQHCf.R Ra:_S3912EXP, 9~/22 ~I 110RA\\ING NO.I TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 'oo ~ --------~------------------ c:,':> ____,/"' I I I I I I APN 156-350-11 ----------IL_____ l'™- 9 1 -------i-_t__--=-=--=-=--==--=----------' ----- APN 156-351-05 ·,s I I If) I I I I l I I I I t I ./ I I I ~~--r~~~z ~~~z--~~;4 ~~~1?~ ,, \\ . 1~ I 1 I SE-1 APN 156-351-04 I v / I I I I I I I -----------, APN 156-351-03 1 I I \ / -·~~ 0 0 NS-8 IIM-1 NS-9 IIM-2 NS-10 l+M'-5 SE-5 «/ ~~ \ ~ f- ~;> EXISTING HOUSE APN 156-351-06 SE-5 'os .c? \ 0 ,I ,,...._I : I I u -i I I .....l i:c I ::::> I I P.. ..._..,, Ir-I i:.rJ I I > I I I - I p:: I I Q I '-.l 0 I I u - I r .... I r I 0 I I I -P.. I I I I I I 1- "' \ Ip, APN I ft ·-""'11.-I I I APN I I t I I APN L fsHIITl CITY OF CARLSBAD ISHEETS I l___LJ ENGINEERING DEPARTMENT 2 STORll l!ATER POU.UTION PREVENTION PLAN (Sl!PPP} TIER2 PROJECT NAME:. ___________ _ EROSION CONTROL PLAN APPROVEO:JASON S. GELOERT QTY ENQt,IEIR RCE 6.3912 EXP. 9/J0/22 ~ I PROJECT ID II DRAWING NO.I APPENDIX C SPECIAL USE DISCHARGE PERMIT TEMPLATE (ENCINA WASTEWATER AUTHORITY) ENCINA WASTEWATER AUTHORITY A Public Agency 6200 Avenida Encinas Carlsbad, CA 9201 1-1095 Te lephone (760) 438-3941 FAX (760) 438-3861 (Plant) (760) 431-7493 (Adm in) Thank you for contacting Encina Wastewater Authority to obtain information about the permitting process. Thi s letter will help to facilitate the permit process on behalf of Encina Wastewater Authority. Once the documentation has been received, reviewed, and approved by EWA, a site inspection wi ll be scheduled. Please note, prior to EWA's issuance of the permit, the system must be demonstrated in the field and functional as per the specifications provided to EWA in the permit application. The standard tum-around time to issue a permit is approximately 4-6 weeks. 1. Provide a completed discharge permit application including all the supporting documentation listed below. 2. Liabi lity Insurance. a. "Encina Wastewater Authority and Membership Agencies" named as Additionally Insured in the Certificate of Liability Insurance. b. Min $5,000,000 general liability AND $5,000,000 for all environmental impairment damages resulting from discharge; valid for th e entire duration of the Permit. 3. Provide a sewer map that identifies all test pits, excavation pit locations, and names of each discharge point (Manhole) on the map. 4. Provide representative analytical sample results. 5. Prov ide a signed Indemnity Agreement from the participating agency Valid Entire Duration of the Permit. 6. Provide written plan approval from the participating agency for the proposed discharge flow rate, flow volume, di scharge points, including any special condition requirements (wet weather discharge, Storm Water BMPs, manhole protection, etc.). 7. Provide a printout ofGeotracker results with I 000' search radius (map). 8. Provide details regarding the pretreatment system including the proposed maximum discharge flow rate and max hours pumped per day, the size of the hoses used, (model number of the pump and the max pumping rate, calculations for the retention time in the sedimentation tank, (baffles or no baffles in the tank), the model number and optimum flow ranges for the flow meter, documentation defining the length of straight pipe required before and after the meter for accurate measurements, flow restrictor information (if needed) and sam pie point detai Is (Spigot). 9. Provide a Ground Water Discharge Sketch to include the details of excavation pump, high level shut off, sediment tank (baffles or not), discharge pump, high/low level shut off, treatment train, inverted U, straight pipe, flow meter, straight pipe, governor, sample point, etc. Please contact me directly with questions or concerns. Thank you, Robert Grigg Encina Wastewater Authority Env ironmental Compl iance Source Control Manager rgrigg@encinajpa.com Office: 760-438-3941 ext: 3603 ' SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER DISTRICT, LEUCADIA WASTEWATER DISTRICT AND CITY OF ENCINITAS INDEMNITY AGREEMENT THIS AGREEMENT is made on ______ , by and between the MEMBER AGENCY DISTRICT OR CITY AND THE ENCINA WASTEWATER AUTHORITY (hereinafter "Licensors"), and _______________ (hereinafter "Licensee"); Licensors and Licensee shall sometimes hereinafter be referred to as the "Parties". R ECITALS A. Licensors are the owner/operator of the sewer treatment plant located at 6200 A venida Encinas in Carl sbad, Cali fornia (the "Property") and the associated collecti on system; B. Licensee now desires to discharge ________ to the sanitary sewer system as described in the Special Use Discharge Application attached hereto and made a part hereof. NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows: 1. Grant of License -Licensors hereby grant to Licensee, and its employees, representatives and contractors a non-exclusive license (hereinafter the "License") to discharge to the sanitary sewer system as described in Recitals Paragraph B above. This License shall commence on _______ , and shall end on ______ , unless the parties agree in writing to extend the term of the License. Prior to the expiration of the License, Licensee shall, at its sole cost and expense, (a) permanently close the connection to the sanitary sewer system and (b) remove all debris resulting from operations. 2. Compliance with Laws -Licensee shall conduct all operations, which are the subject of this License in compliance with all federal, state, and municipal statutes and ordinances, and with all regulations, orders, and directives of appropriate governmental agencies, as such statutes, ordinances, regulations, orders and directives now exist or provide. 3. Permits -Licensee, at no cost or expense to Licensors, shall be responsible for obtaining any and all governmental permits and approvals, which may be necessary for it to conduct any work or activities under this License Agreement. 4. Liens and.Claims -Licensee will not permit any mechanics', vendor's, or similar liens or claims to stand against the Licensors for labor or materi al furnished in connection w ith any work performed by Licensee under this License Agreement. Upon reasonable and timely notice of any such lien or claim delivered to Licensee, Licensee may bond and contest the validity and the amount of such lien, but Licensee will immediately pay any judgment rendered, will pay all proper costs and charges, and w ill have the lien or claim released at its sole expense. 5. Cooperation -Licensee agrees to coordinate its activities with Licensors to minimize any impairment of access by customers or business invitees of Licensors to the Property. 6. Indemnification -Licensee agrees that it will indemnify and hold Licensors, their officers, directors, agents and employees, harmless from and against any claims, demands, liens, I actions, suits, judgments, losses, damages, attorney's fees, costs or expenses, and civil criminal or administrative penalties based upon or arising out of or claimed to have arisen out of alleged acts, errors or omissions of Licensee or its authorized contractors, employees and agents in conducting the activities under this License Agreement, including the activities authorized under the Wastewater Discharge Permit issued by the Encina Wastewater Authority (EWA). This indemnification is expressly conditioned on the fo llowing: (a) In the event Licensors identify any matter to w hich this indemnification may apply or receive a notice or claim from any third party of such matter, it shall immediately, and in every case within ninety (90) days of said notice or claim, notify Licensee in writing of such matter. (b) Licensors shall cooperate with Licensee by allowing Licensee, its agents, representatives, contractors and consultants, prompt and ready access to the sanitary sewer system for the purpose of investigating any matter to which this indemnity may apply. Licensors shall provide Licensee with copies of all investigati ve reports, data or other information in any form which Licensors, its consultants, agents or attorneys may have pertaining to any such matter, on request of Licensee. (c) Notwithstanding anything in this agreement to the contrary, in no event shall Licensee be li able for any special, indirect or consequential damages, including but not limited to claims for loss of use, rents, anticipated profit or business opportunity, or business interruption or mental or emotional distress or fear of injury or disease. (d) This indemnification shall survive termination of this Agreement and expiration of the Permit and shall be effective until the expiration of any applicable statutes of limitations. 7. Compliance with Wastewater Discharge Permit -Licensee agrees to comply with the EWA Pretreatment Ordinance and the terms of the Wastewater Discharge Permit issued by the EWA. Licensee shall not add to the sanitary sewer any material not authorized under the Permit. In the event Licensee adds any material to the sewer that causes a violation of EWA's NPDES Permits, as defi ned in the EWA Pretreatment Ordinance, Licensee shall indemnify Licensors in accordance with paragraph 6 above. 8. Severability -ln case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9. Notices -Any notice provided for herein or otherwise required to be given hereunder shall be deemed received when personally served or three (3) days after mailing by certified or registered United States mail, return receipt requested, postage prepaid, or by facsimile machine, with transmission and receipt confirmed, or by nationally recognized overnight delivery serv ice, addressed as follows: To Licensors: Encina Wastewater Authority 6200 Avenida Encinas Carlsbad, California 9201 l 2 District or City Address To Licensee: With Copies to: The person and place to which notices are to be mailed may be changed by either party by providing written notice of same to the other. 10. Assignment Successors and Assigns -This Agreement may be assigned by either party and in and in such event shall be binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns. 11. Entire Agreement -This License Agreement represents the full, complete and entire agreement between the parties with respect to the subject matter hereof, and the rights and remedies of the Parties shall be solely and exclusively those herein contained, and in li eu of any remedies otherwise avai lable at law or in equity. 12. Governing Law -This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of Californ ia without reference to any choice of law, rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. 13. Counterparts -This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this License Agreement by their duly authorized representative on the date first above written. LICENSORS: LICENSEE: DISTRICT OR CITY & EN CINA WASTE WATER AUTHORITY By: _________ _ By: _________ _ Name: -----------Name: __________ _ Title: __________ _ Title: ___________ _ Date: ___________ _ Date: ___________ _ 3 Table 1 LOCAL DISCHARGE LIMITS Daily Maximum Limits Constituent Limits for Users in Limits for Users in MWRF Service Area EWPCF Service Area Arsenic, Total 1.5 mg/L 1.5 mg/L Boron, Total 7.4 mg/L - Cadmium, Total 0.77 mg/L 0.77 mg/L Chromium, Total 3.5 mg/L 3.5 mg/L Copper, Total 11 mg/L 11 mg/L Iron, Total 67 mg/L - Lead, Total 5.1 mg/L 5.1 mg/L Manganese, Total 1.7 mg/ L - Mercury, Total 0.27 mg/L 0.27 mg/L Molybdenum, Total 4.1 mg/L 4.1 mg/L Nickel, Total 15 mg/L 15 mg/L Selenium, Total 2.5 mg/L 2.5 mg/L Silver, Total 4.2 mg/L 4.2 mg/L Zinc, Total 29 mg/L 29 mg/L Oi I and Grease 400 mg/L 400 mg/L Total Toxic Organics (TTO) 2.00 mg/L 2.00 mg/L Biochemical Oxygen Demand (BOD) 250 mg/L* 500 lbs/day Total Suspended Solids (TSS) 250 mg/L 500 lbs/day Instantaneous Limits Constituent Limit Limit pH 5.5 -12.0 units 5.5 -12.0 units Temperature 140° Fahrenheit 140° Fahrenheit *Permittees in the MWRF Service Area as of February 22, 201 2 are grandfathered in at their existing pollutant loading for BOD. 2.13 BEST MANAGEMEN T PRACTICES EWA may develop BMPs by ordinance or in individual Wastewater Discharge Permits to implement Local Limits and the requirements of Section 2.1. -12- EPA APPROVED SAMPLING AND ANALYTICAL METHODS Maximum Holding Parameter Analytical Method1 Container2 Preservation Method3 Time4 BOD or CBOD SM5210B* P, G, FP COOL, 0-6°C 48 HOURS HACH 8000*; EPA 410.3 & 410.4 REV 2.0; SM5220C & COD 5220D P, G, FP COOL, 0-6°C, H2SO4 TO pH <2 28 DAYS CN, COOL, 0-6°C, NaOH TO pH > AMENABLE SM4500-CN (G) P, G, FP 12, 0.6g ASCORBIC ACIDf 14 DAYS EPA 335.4 REV 1.0; SM4500- CN (F) & 4500-CN(G) & 4500-COOL, 0-6°C, NaOH TO pH > CN,TOTAL CN (E) P, G, FP 12, 0.6g ASCORBIC ACIDf 14 DAYS SM3111B or C, 3113B, METALS: Cd, 3120B; EPA 200.9 Rev 2.2, HNO3 TO pH < 2 OR HNO3 TO Cr, Cu, Pb, Ni, 200.7 Rev 4.4*, 200.8 Rev pH < 2 AT LEAST 24 HOURS Ag 5.4 P, G, FP PRIOR TO ANALYSIS 6 MONTHS SM3111B, 3113B, 3120B; HNO3 TO pH< 2 OR HNO3 TO EPA 200.9 Rev 2.2, 200.7 Rev pH< 2 AT LEAST 24 HOURS METALS: Sb 4.4 *, 200.8 Rev 5.4 P, G, FP PRIOR TO ANALYSIS 6 MONTHS SM3114B, 3113B, 3120B; EPA 200.9 Rev 2.2, 200.7 Rev HNO3 TO pH< 2 OR HNO3 TO 4.4*' 200.8 Rev 5.4; SM3500-pH < 2 AT LEAST 24 HOURS METALS: As As (C or B) P, G, FP PRIOR TO ANALYSIS 6 MONTHS SM3111D, 3113B, 3120B; EPA 200.9 Rev 2.2, 200.7 Rev HNO3 TO pH < 2 OR HNO3 TO 4.4*, 200.8 Rev 5.4; SM3500-pH < 2 AT LEAST 24 HOURS METALS: Be Be (D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS HNO3 TO pH< 2 OR HNO3 TO SM4500-B (B), 3120B; EPA pH < 2 AT LEAST 24 HOURS METALS: B 200. 7 Rev 4.4 * P, FP PRIOR TO ANALYSIS 6 MONTHS HNO3 TO pH < 2 OR HNO3 TO METALS: Cd pH < 2 AT LEAST 24 HOURS (optional) SM3500 Cd (D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS HNO3 TO pH < 2 OR HNO3 TO METALS: Cr pH < 2 AT LEAST 24 HOURS (optional) SM3500 Cr (B or D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS HNO3 TO pH < 2 OR HNO3 TO METALS: Cu pH< 2 AT LEAST 24 HOURS (optional) SM3500 Cu (B, C, D, or E) P, G, FP PRIOR TO ANALYSIS 6 MONTHS L:\SOURCE\lndustry Handouts\EPA Approved Sa mpling and Analytical Methods_0l0312.xlsx EPA APPROVED SAMPLING AND ANALYTICAL METHODS Maximum Holding Parameter Analytical Method1 Container 2 Preservation M ethod3 Time4 SM31118 or C, 31138, 31208; EPA 200.9 Rev 2.2, HNO3 TO pH < 2 OR HNO3 TO 200.7 Rev 4.4*; SM3500-Fe pH < 2 AT LEAST 24 HOURS METALS: Fe (8 or D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS HNO3 TO pH < 2 OR HNO3 TO METALS: Pb pH < 2 AT LEAST 24 HOURS (optional) SM3500 Pb (8 or D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS SM31128, EPA 245.1 Rev HNO3 TO pH < 2 OR HNO3 TO 3.0*, 245.2, 245.7 Rev 2.0, pH < 2 AT LEAST 24 HOURS METALS: Hg 1631E P, G, FP PRIOR TO ANALYSIS 28 DAYS SM31118, 31138, 31208; EPA 200.9 Rev 2.2, 200.7 Rev HNO3 TO pH < 2 OR HNO3 TO 4.4*, 200.8 Rev 5.4; SM3500-pH < 2 AT LEAST 24 HOURS M ETALS: M n Mn (8 or D) P, G, FP PRIOR TO ANALYSIS 6 MONTHS SM3111D, 31138, 31208; HNO3 TO pH < 2 OR HNO3 TO EPA 200.7 Rev 4.4*, 200.8 pH < 2 AT LEAST 24 HOURS METALS: Mo Rev 5.4 P, G, FP PRIOR TO ANALYSIS 6 M ONTHS HNO3 TO pH < 2 OR HNO3 TO METALS: Ni pH < 2 AT LEAST 24 HOURS (optional) SM3500 Ni (D ) P, G, FP PRIOR TO ANALYSIS 6 M ONTHS SM 31138, 31208, 31148; HNO3 TO pH < 2 OR HNO3 TO EPA 200.9 Rev 2.2, 200.7 Rev pH < 2 AT LEAST 24 HOURS M ETALS: Se 4.4*, 200.8 Rev 5.4 P, G, FP PRIOR TO ANALYSIS 6 M ONTHS SM 31118, 31208; EPA 279.2, HNO3 TO pH < 2 OR HN O3 TO 200 .9 Rev 2.2, 200.7 Rev pH < 2 AT LEAST 24 HOURS METALS: Tl 4.4*, 200.8 Rev 5.4 P, G, FP PRIOR TO ANALYSIS 6 M ONTHS SM 31118 or C, 31208; EPA 289.2, 200.7 Rev 4.4*, 200.8 HNO3 TO pH < 2 OR HNO3 TO Rev 5.4; SM3500 Zn (8, E, or pH < 2 AT LEAST 24 HOURS METALS: Zn F) P, G, FP PRIOR TO ANALYSIS 6 M ONTHS COOL, 0-6°C, HCI OR H2SO4 TO OIL & GREASE SM55208; EPA 1664A G pH < 2 28 DAYS ANALYZE WITH IN 15 pH SM4500-H+8*; EPA 150.2 P, G, FP NONE M IN TDS SM2540C* P, G, FP COOL, 0-6°C 7 DAYS TSS SM2540D* P, G, FP COOL, 0-6°C 7 DAYS EPA 624 & 625; EPA 1624 COOL, 0-6°C, 624/1624 = HCI 624/1624 = 14 DA VS; TTO &1625 G TO pH < 2 625/1625 = 7 DAYS L:\SOURCE\lndustry Handouts\EPA Approved Sam pling and Analytical M ethods_010312.xlsx EPA APPROVED SAMPLING AND ANALYTICAL METHODS Maximum Holding Parameter Analytical Method1 Container2 Preservation Method3 PHARM. ORGANICS: EPA 524.2; ASTM D3695, COOL, 0-6°C, 1666/524.2 = ACETONE D4763 G HCI TO pH < 2 PHARM. ORGANICS: METHYLENE COOL, 0-6°C, 1666/524.2 = CHLORIDE EPA 502.2, 524.2 G HCI TO pH < 2 PHARM. ORGANICS: ETHYL COOL, 0-6°C, 1666/524.2 = ACETATE EPA 1666; ASTM D3695 G HCI TO pH < 2 PHARM. ORGANICS: N- AMYL COOL, 0-6°C, 1666/524.2 = ACETATE EPA 1666; ASTM D3695 G HCI TO pH < 2 PHARM. ORGANICS: ISOPROPYL COOL, 0-6°C, 1666/524.2 = ACETATE EPA 1666; ASTM D3695 G HCI TO pH< 2 1 Refer to 40 CFR Part 136 for complete list of approved test procedures. 2 "P" is Polyethylene; "G" is Glass; "FP" is Fluoropolymer, PTFE, or Teflon. 3 Confirm w ith EPA certified lab the preservation and holding times for each specific method. 4 Holding time starts at the end of the composite period. * Methods currently performed by the Encina Wastewater Authority (EWA). f Only added if residual chlorine is present Time 4 524.2 = 14 DAYS; D3695 = 28 DA VS 502.2/524.2 = 14 DAYS 1666 = 14 DA VS; D3695 = 28 DAYS 1666 = 14 DAYS; D3695 = 28 DAYS 1666 = 14 DA VS; D3695 = 28 DAYS L:\SOURCE\lndustry Handouts\EPA Approved Sampling and Analytical Methods_0l0312.xlsx APPENDIX D GEOTECHNICAL DATA .fif}~t;; ~~~\'· c...0 i' I 11 I I Rala'ence: Kennea/,~~• S.S. (2007). I Geologic Map ol lhe ~ X f!IJ Ouadnslgle, Calloma L-. 02017 OpenSlree!Map 1 ~/J LEGEND: co -~7 < o :-3~ Approximate Location of "'. TBoring [ B-3!..l,._ Approximate Location of ~ T Boring (Not Drilled) -, r:-::-, Alluvial flood-plain ~ deposits 1 rc;;;;7 Old alluvial flood-plain ~_:_, L..::::....J deposits I ,_ .xr· t · --~ ~ Old paralic deposits -s~ J' '.::-'i EJ Very old paralic deposits ,,/ ( 4 -.!! (r, G Santiago Formation ,I 0 Tonalite, undivided Metasedimentary and Metavolcanic rocks, undivided Contact 70 -L-i -· .. ·--Fault Anticline Syncline .....,.. -. ,Kgp -Granite pegmatite dike 0 Closed depression ({) Landslide Strike and dip of beds ~ lndined ~ Overturned ...,.. Vertlcal ~ Ql Horizontal ◄000' l SCALE ~ 0 >-(!) g 0 w (!) ...J < z 0 c:, w a: 0 z < (/) z 0 ~ () 0 ...J (!) z a: 0 co I Fl2~ (Q\ %, ~, "'"ci' 'iO<'i- .,, Avalo<' Avenue >ra w.,y f ,; :, ~ valewood Avef'\le '?, ,;: ;; 0 Bcrleley Aven\l" t °5', B-1~ .,.., (\'ve. .,_e; ~ ~ Q "2: " ._'I" $ \ .,. B-~ ~ ---rF 1 I ';, ~ 0 ' ~ ~dStp0 I '"r. ~ ~Avenue 't~ <>. -,al~ \~- ,t' ' "" \ 1 ~ n: * ' i Q ~ .,, ~ ; ;;: 0 ~ C, ~ "' :, ~ <o, .<, if- \ ;; ~ ;. g_ ~~ ~ q_ /'[. J ,, ~"' 0 i ~ i u s(/,,6 ,,.., .r,. i5' PalJ,,_ \ ::, '0-? 0-~- "' ::, C 1 .. 8 :,:: ~ ~ 0 'o>e ~; ?:. 0 . '(1. 1r -:,, N eo <a.. % ">k ~ r,:, ~ ~ \ § ©20f'k> O~nStreetMap k ~ ~ ~ .. C ii Core ~ -,e; ., ~ ~ .. ~ %6., ~ "r,. .,,., .. ~ ,t ~o ~e,\v i "' 'E .e <:P 0~ / ,,o; / (j Sausalito Avenue C ~ / I -9<:-~oad 8-1~ / Sutter Street Tiburon Avenue s: ... .1, .1' I::' Q ;;, CZ, ~ ~ .$ 9: 5-c .a .,,. 0 :, < ,. l / l<.,. ~-, Js.' ' I B-16 B-11 s-~4 ~,~';(,~e-1 3 ___ / ... _ / & { .... ,/ I Gates"""'o Road ,,~(\ ,,/ *9 \ \ ~ , .. -- \. <>-1-cov~ ', /' B-10 . ' / ~Road ___k"'.,, ---~----?rs-9 /.,, ~-8 I I ' I +s.1 I ~ 1 ' ~-2 t ,o Real S11 Eij:amino Rea -'~ Cmdy Avenue , ~ ::--,._ ' -"·~ ~a<"-o<'~e ., -t 0 "' C ~ ....,.,, ~'Ii --5' C 0 I "' > t! $ ..J,'li ~ C ,§° 'esr,i1"-~ -t: ~ 0 ., ~ SUBSURFACE EXPLORATION MAP, LEGEND: B-1§.L_ Approximate Location of rBoring *B-4.L Ap~roximate Location of T Boring (Not Drilled) 0 1000' 2000' SCALE Date: January, 2018 Figure: 4 SUBSURFACE EXPLORATION LEGEND UNIFIED SOIL CLASSIFICATION CHART SOIL DESCRIPTION GROUP TYPICAL NAMES SYMBOL I. COARSE GRAINED, more than 50% of material is larger than No. 200 sieve size. GRAVELS CLEAN GRAVELS GW Well graded gravels, gravel-sand mixtures. little or no fines More than half of coarse fraction is GP Poorly graded gravels, gravel sand mixtures, little or no fines. larger than No. 4 sieve size but GRAVELS WITH FINES GM Silty gravels, poorly graded gravel-sand-silt mixtures. smaller than 3". (Appreciable amount of fines) GC Clayey gravels, poorly graded gravel-sand, clay mixtures. SANDS CLEAN SANDS SW Well graded sand, gravelly sands, little or no fines. More than half of coarse fraction is SP Poorly graded sands, gravelly sands, little or no fines. smaller than No. 4 sieve size. SM Silty sands, poorly graded sand and silty mixtures. SC Clayey sands, poorly graded sand and clay mixtures. II. FINE GRAINED, more than 50% of material is smaller than No. 200 sieve size. SIL TS AND CLAYS ML Inorganic silts and very fine sands, rock flour, sandy silt or clayey-silt- (Liquid Limit less sand mixtures with slight plasticity. than 50) CL Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays. OL Organic silts and organic silty clays or low plasticity. SILTS AND CLAYS MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, (Liquid Limit elastic silts. greater than 50) CH Inorganic clays of high plasticity, fat clays. OH Organic clays of medium to high plasticity. Ill. HIGHLY ORGANIC SOILS PT Peat and other highly organic soils. SAMPLE SYMBOLS LABO RA TORY TEST SYMBOLS e;g -Bulk Sample AL -Atterberg Limits CAL -Modified California sampler CON -Consolidation -CK -Undisturbed Chunk sample COR -Corrosivity Tests -(Resistivity, pH, Chloride, Sulfate) MS -Maximum Size of Particle . -ST -Shelby Tube OS -Direct Shear -~ -Standard Penetration Test sampler El -Expansion Index MAX -Maximum Density GROUNDWATER SYMBOLS RV -R-Value '¥ -Water level at time of excavation or as indicated SA -Sieve Analysis UC -Unconfined Compression ~~ -Water seepage at time of excavation or as indicated Carlsbad, California By: !Date: Januarv 2018 Job Number: I Figure: 1-1 LOG OF BORING B-1A Date Drilled: 9/1/2017 Logged by: CJM Equipment: CME-95 with 8-inch Hollow Stem Auger Project Manager: AKN Elevation (ft): ± 41 Depth to Groundwater (ft): Not Encountered SAMPLES ~ 'n w ~ Cl) (.) ~ .9: I-z~ !z I-Cl) ~ -i w g w I I- (/) -0 I-(9 >-(/) 1i5 -z w I z ~ 0 a:: I-(.) w ::.:: w 0 (.) ~ 0 0.. (/) SUMMARY OF SUBSURFACE CONDITIONS > ...I a::: E z I-w :::i a: :::i Cl "' w I-c2 0 al z ~ 0::: z 0 :::i ~e I-::::i 0 (/) >-II) 0::: 6 ~ 0 a:: ::i: 0 4 inches of asphalt concrete over 4 inches of aggregate base. - 1 SM r-H t 1ur1: SIL I Y SAND, grayish brown, fine to coarse grained, moist, X -medium dense. COR -2 AuGc~KEFU5ALA12~EET -3 Boring shifted 1½ feet to the south to Boring B-1B -4 -5 -6 -7 -8 -9 .... 10 .... 11 -12 .... 13 .... 14 ,... 15 .... 16 -11 .... 18 ,... 19 .... 20 Carlsbad, California By: Date: January, 2018 Job Number: Figure: 1-2 LOG OF BORING B-1 B Date Drilled: 9/1/2017 Logged by: CJM Equipment: CME-95 with 8-inch Hollow Stem Auger Project Manager: AKN Elevation (ft): ± 41 Depth to Groundwater (ft): ±10 SAMPLES w ~ ~ Cl) (.) e.... .9: f-z~ ~ f-Cl) ~ ~ w UJ J: f-§: ·c: I-Cl (/) "O z >- ~ (/) z ci5 -0 0 jjj 0::: (.) UJ ::.:: UJ 0 co (.) ~ 0 a. (/) SUMMARY OF SUBSURFACE CONDITIONS > ...J a:: ¢:: .z f-UJ ::> er ::> (!) en UJ f-~ 0 (Xl z ~ a:: z 0 ::> >e I-::::> 0 er (/) >-ID 0 6 0::: ::i ::E 0 4 inches of asphalt concrete over 4 inches of aggregate base. -1 -SC .E!.bbJQ!l: CLAYEY SAND, light yellowish brown, fine to medium grained, trace X 2 gravel, moist, medium dense. - Fragments of moderate yellowish brown, silty clay. -3 '--- 4 -CL SANDY CLAY, moderate yellowish brown, fine grained, trace gravel, moist, medium -stiff to stiff. -5 CL ALLUVIAL FLOOD-PLAIN DEPOSITS (Qa): SANDY CLAY, moderate olive CAL 19 17 14.4 112.3 -6 green/moderate brown, fine grained, trace gravel, moist, very stiff. ._ -7 -8 -9 -10 ISZ Groundwater encountered at approximately 10 feet -Becomes dark brown, wet, medium stiff. -11 SPl 6 8 - -12 -13 -14 -15 ._ Becomes fine to medium grained, medium stiff to stiff. -16 SPl 10 14 -17 BORING TERMINATED AT 16½ FEET ..... 18 ..... 19 1-20 Carlsbad, California By: Date: January, 2018 Job Number: Figure: 1-3 LOG OF BORING B-2 Date Drilled: 9/1/201 7 Logged by: DJM/ACL Equipment: CME-75 with 8-inch Hollow Stem Auger Project Manager: AKN Elevation (ft): ± 29 Depth to Groundwater (ft): ± 15 SAMPLES ~ cs w ~ Cl) 0 (.) -.e I-z~ !z I-Cl) ~ -~ w g w :r: I-f-(!) en -o z >- :I: en z U) -g 0 w 0:: f-(.) w ~ W O (.) 3: 0 en ...J er E z Q. ::, SUMMARY OF SUBSURFACE CONDITIONS > ::, C) U) w I-I-w ci: ~ 0 (I) z ~ 0:: z 0 ::, >e f-::::> 0 ci: en >-CD 0 0 0:: :5 ~ 0 4 inches of asphalt concrete over 4 inches of aggregate base. -1 -SC .E!.b!:..(Qfi: CLAYEY SAND, light brown, medium grained, gravel, moist, medium 2 dense. \ I -SA 3 Becomes dark gray, fine to medium grained. AL - -4 \ -5 CL ALLUVIAL FLOOD-PLAIN DEPOSITS IQal: SANDY CLAY, dark gray, fine grained, 6 moist, medium stiff. SPl 7 10 ---7 -8 -9 -10 -Becomes dark brown, medium to coarse grained, very stiff. -11 SPl 17 23 - ,... 12 -13 -14 -15 r--., SZ: Groundwater encountered at approximately 15 feet ,..__ ~-----------------------------------------SPl 22 30 -16 SC CLAYEY SAND, brown, fine to medium grained, wet, very stiff. -17 BORING TERMINATED AT 16'/, FEET -18 -19 ,-20 Carlsbad, California By: Date: January, 2018 Job Number: Fiaure: 1-4 APPENDIX II LABORATORY TESTING APPENDIX II Laboratory tests were performed to provide geotechnical parameters for engineeri ng analyses. The following tests were conducted: • CLASSIFICATION: Field classifications were verified in the laboratory by visual examination. The final soil classifications are in accordance with the Unified Soil Classification System. • ATTERBERG LIMITS: The grain size distribution was determined on two soil samples in accordance with ASTM D422. Figures 11-1 , 11-6, 11-11 , 11-12, and 11-14 through 11-18 show the test results. • GRAIN SIZE DISTRIBUTION: The grain size distribution was determined on two soil samples in accordance with ASTM D422. Figures 11-1 through 11-18 show the test results. • CORROSIVITY: Corrosivity tests were performed on one sample. The pH and minimum resistivity were determined in general accordance with California Test 643. The soluble sulfate content was determined in accordance with California Test 417. The total chloride ion content was determined in accordance with California Test 422. The test results are presented on Figure 11-19. • DIRECT SHEAR: Direct shear tests were performed on two soil samples in accordance with ASTM D3080. The shear stress was applied at a constant rate of strain of 0.003 inch per minute. Figures 11-20 and 11-27 present the test results. Soil samples not tested are now stored in our laboratory for future reference and analysis, if needed. Unless notified to the contrary, all samples will be disposed of 30 days from the date of this report. U.S.S18-S...Slzes 6" 3• 1·½" 3/4" 3/8" #4 #8 #10 #16 #30 #40#50 #100 #200 100 - ------- 90 ............__ -- 80 " • .. '\ .c ,21 70 \ CII ~ \ ~60 \. ... CII \ ~ 50 \ c \ B 40 \ ... CII 0.. \_ 30 ' 20 .... !'-.. • 10 0 1000 100 10 1 0.1 0.01 Grain Size in Millimeters Cobbles I Gravel I Sand I Silt or Clay I Coarse I Fine I Coarse Medium I Fine I I SAMPLE LOCATION I UNIFIED SOIL CLASSIFICATION: SC I A TTERBERG LIMITS I B-2 at 1 to 5 feet I DESCRIPTION CLAYEY SAND I LIQUID LIMIT N/A PLASTIC LIMIT N/A PLASTICITY INDEX N/A Carlsbad, CA By: loate: Januarv, 2018 Job Number: IFiaure: 11-1 RESISTIVITY,.pH, SOLUBLE CHLORIDE and SOLUBLE SULFATE C California Tests 643,417 and 422 SAMPLE RESISTIVITY (0-cm) pH CHLORIDE (%) SULFATE(%) B-1 at 1 to 2 feet 2530 9.38 0.003 0.002 B-17 at 1 to 5 feet 2240 6.69 0.002 0.002 B-28 at 1 to 5 feet 901 7.96 0.001 0.024 B-36 at 1 to 5 feet 1730 8.08 0.006 0.003 Classification of Corrosive Environment 2 pH CHLORIDE CONTENT(%) SULFATE CONTENT(%) s 5.5 ~0.05 ~ 0.20 2. Based on California Department of Transportation, Division of Engineering Services, Materials Engineering and Testing Services, Corrosion and Structural Concrete, Field Investigation Branch, Corrosion Guidelines, Version 2.0, November 2012 C C Carlsbad, California By: Date: January, 2018 Job Number: Figure: 11-19 APPENDIX E SUPPLEMENTAL STANDARD DRAWING NO. GS-26 (MODIFIED) ,; NOTES: ASPHALT CONCRETE FINISH COURSE SEE GS-28 LIMIT OF 3" GRIND (TYP.) 1. THE DETAIL SHOWN ABOVE APPLIES TO TRENCH WIDTHS FROM 26 INCHES TO 48 INCHES. 2. EXISTING A.C. SHALL BE CUT AND REMOVED IN SUCH A MANNER SO AS NOT TO TEAR, BULGE OR DISPLACE ADJACENT PAVEMENT. EDGES SHALL BE CLEAN AND VERTICAL. ALL CUTS SHALL BE PARALLEL OR PERPENDICULAR TO STREET CENTERLINE, WHEN PRACTICAL. 3. BASE MATERIAL SHALL BE REPLACED TO DEPTH OF EXISTING BASE OR A MINIMUM OF 6 INCHES, WHICHEVER IS GREATER. A.C. MAY BE SUBSTITUTED FOR BASE MATERIAL AT THE CITY ENGINEER'S DISCRETION. 4. WHEN THE EDGE OF THE GRIND AREA IS WITHIN 24 I\JCHES OF EDGE OF PAVEMENT, ANY STRUCTURE, AN ADJACENT TRENCH PATCH, OR OTHER PAVING JOIN LINE, THE GRIND AREA SHALL BE EXTENDED TO THE EXISTING STRUCTURE OR JOIN LINE. 5. WHEN THE EDGE OF THE GRIND LIES WITHIN A WHEEL PATH, THE GRIND AREA SHALL BE EXTENDED TO THE NEAREST LANE LINE OR EDGE OF PAVEMENT. 6. IN AN EFFORT TO MAINTAIN A STREET'S EXPECTED LIFESPAN, RETURN THE STREET TO THE SAME OR SIMILAR CONDITION AS BEFORE THE ·TRENCHING TOOK PLACE, AND TO MEET CITY OF CARLSBAD AND GREENBOOK STAN DARDS PERTAINING TO ROAD SMOOTHNESS: A) IF THE TRENCH IS LOCATED WITHIN A BIKE LANE, THEN THE ENTIRE BIKE LANE WIDTH SHALL BE COLD PLANED 1-1/2" MINIMUM AND OVERLAYED 1-1/2" MINIMUM. B) IF THE TRENCH IN WITHIN 24" OF A CONCRETE STRUCTURE (I.E. LIP OF GUTTER, VAULT, ETC.) THEN THE AREA BETWEEN THE TRENCH AND THE CONCRETE STRUCTURE SHALL BE COLD PLANED 1-1/2" MINIMUM AND OVERLAYED 1-1/2" MINIMUM. C) IF THE TRENCH IS LOCATED LONGITUDIN ALLY WITHIN THE TRAVEL LANE OF A PRIME, MAJOR, OR 4-LANE COLLECTOR STREET, THEN THE Et\ TIRE LANE SHALL BE COLD-PLANE 1-1 /2" MINIMUM AND OVERLAYED 1-1/2" MINIMUM. HO WEVER, THE CITY ENGINEER MAY, ON A CASE-BY-CASE BASIS AND AT HIS/HER SOLE DISCRETION, MODIFY THE REQUIREMENT TO COLD PLANE AND OVERLAY THE ENTIRE LANE BASED ON THE FOLLOWING CRITERIA: (1 ) EXISTING CONDITION OF THE PAVEMENT; (2) FUTURE REHABILI TATION STRATEGIES AND SCHEDULE; (3) DEPTH OF TRENCH; (4) OTHER TRENCH WORK IN THE AREA; (5) EXISTENCE OF A COMPARABLE TRENCH PAVING TECHNOLOGY OR TECHNIQUES WHICH WOULD ACHIEVE THE DESIRED ROAD SMOOTHNESS AND LONGEVITY; AND (6) OTHER SITE-SPECIFIC CONDITION S AND FACTORS DEEMED BY THE CITY ENGINEER TO ALLEVIA TE THE NEED TO COLD-PLANE AND OVERLAY THE ENTIRE LANE. REV. APPROVED DATE CIT Y OF CARLSBAD TRENCH RESURFACING ASPHALT CONCRETE PAVEMENT. FOR TRENCH WIDTHS FROM 2611 TO 48" _,,,, --~ -c::;:;;.-4/29/2022 -= CITY ENGINEER DATE SUPPLEMENTAL MODIFIED STANDARD NO. GS-26