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Seaside Heating and Air Conditioning Inc; 2018-03-28; PWS18-101TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0323037 111111111111 lllll 111111111111111 lllll 111111111111111111111111\ \Ill \Ill Aug 07, 2018 03:31 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 215-050-70-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 18, 2018. 6. The name of the contractor for such work or improvement is Seaside Heating and Air Conditioning, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4030 PWS18-101TRAN, Dove Library HVAC Actuator and Valve Replacement. 8. The street address of said property is 1775 Dove Lane, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 1 , 20 /B , accepted the above described work as completed and ordered that a Notice o( mpletion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (~J . / , 20J2, at Carlsbad, California. cr~1 OF CARLSBAD / . \_~,,_.,_ £1d.nf~ ! . BARBARA ENGLESON -o~ity Clerk \\files01v\Departments\Public Works\PW Common\CAPITAL-ACTIVE\4030 Dove Library HVAC Actuator and Valve Replacement\NOC 4030 Dove HVAC Actuator and Valve repl.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating and Air Conditioning, Inc. has completed the contract work required for 4030 PWS18-101TRAN, Dove Library HVAC Actuator and Valve Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (City) VALUE HVAC Actuator and Valve Replacement $55,600 CERTIFICATION OF COMPLETION OF IMPROVEMENTS bate I CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby improvements. ),/4 Zl/L c., Ke)PliCra~rdXiManager r~ APPROVED AS TO FORM: CELIA BREWER, City Attorney By: 01«~ Deputy City Attorney directed to commence maintaining the above described llflles01v\Departments\Public Works\PW Common\CAPITAL-ACTIVE\4030 Dove Library HVAC Actuator and Valve Replacement\API 4030 Dove HVAC Actuator and Valve repl.doc Project: 4030, Dove Library HVAC Actuator and Valve Replacement Change Order No. 01 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 01 PROJECT: #4030 Dove Library HVAC Actuator and Valve Replacement CONTRACT NO. 4030 P.O. NO. Not Assigned ACCOUNT NO. 30070009060 40301-9066 CONTRACTOR: Seaside Heating & Air Conditioning, Inc. ADDRESS: 1359 Rocky Point Drive Oceanside, CA 92056 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1 : Replace four additional air dampers for Air Handler Units 2, 3, 4, and 6 per contract specifications. Increase to contract cost.. ................................................................ $4,200.00 TOT AL INCREASE TO CONTRACT COST .................................................... $4,200.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. (DATE) ~ CITY ATTORNEY G/ f ?:;/ /~ (DATE) APPROVED BY: (? 6/4 (DATE} DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD -· San Diego County California CONTRACT DOCUMENTS& GENERAL PROVISIONS FOR DOVE LIBRARY HVAC ACTUATOR AND VAL VE REPLACEMENT CONTRACT NO. 4030 BID NO. PWS18-101TRAN Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 TABLE OF CONTENTS Item Page Notice Inviting Bids....................................................................................................................... 5 Contractor's Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Bid Security Form......................................................................................................................... 15 Bidder's Bond to Accompany Proposal........................................................................................ 16 Guide for Completing the "Designation Of Subcontractors" Form............................................... 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items .......................... ......... 19 Bidder's Statement of Technical Ability and Experience.............................................................. 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation .......................... .............................. ................................... 21 Bidder's Statement Re Debarment............................................................................................... 22 Bidder's Disclosure of Discipline Record .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . .. . .. .. .. .. .. .... . . . . . 23 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid............................. 25 Contract Public Works.................................................................................................................. 26 Labor and Materials Bond............................................................................................................. 32 Faithful Performance/Warranty Bond........................................................................................... 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .. ........................ .............. 36 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 2 of 93 Section 1 1-1 1-2 1-3 1-4 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 Revised 7/19/17 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms.................................................................................................................... 39 Definitions............................................................................................................. 40 Abbreviations........................................................................................................ 44 Units of Measure................................................................................................... 47 Scope and Control of The Work Award and Execution of Contract......................................................................... 48 Assignment ......................... .................. ............................................... ................. 48 Subcontracts......................................................................................................... 49 Contract Bonds . . . . . . .. . . . . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Plans and Specifications....................................................................................... 51 Work to be Done................................................................................................... 54 Right-of-Way ........................................................................................................ 54 Authority of Board and Engineer ..... ............................................ ......................... 54 Inspection.............................................................................................................. 55 Changes in Work Changes Requested by the Contractor................................................................ 55 Changes Initiated by the Agency.......................................................................... 55 Extra Work............................................................................................................ 57 Changed Conditions . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . 59 Disputed Work...................................................................................................... 60 Control of Materials Materials and Workmanship................................................................................. 66 Materials Transportation, Handling and Storage ................................................. 68 Utilities Location................................................................................................................. 69 Protection . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Removal................................................................................................................ 70 Relocation . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . .. . .. ........... ... . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . .. .. .. . . . ... . . . . 70 Delays................................................................................................................... 71 Cooperation........................................................................................................... 71 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work......................................... 71 Prosecution of Work.............................................................................................. 75 Suspension of Work.............................................................................................. 76 Default by Contractor............................................................................................ 76 Termination of Contract........................................................................................ 77 Delays and Extensions of Time............................................................................ 77 Time of Completion............................................................................................... 77 Completion, Acceptance, and Warranty............................................................... 78 Liquidated Damages............................................................................................. 79 Use of Improvement During Construction............................................................ 79 PWS18-101TRAN-Contract No. 4030 3 of 93 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 Revised 7/19/17 Responsibilities of the Contractor Contractor's Equipment and Facilities.................................................................. 79 Labor..................................................................................................................... 79 Liability Insurance................................................................................................. 73 Workers' Compensation Insurance...................................................................... 80 Permits.................................................................................................................. 81 The Contractor's Representative.......................................................................... 81 Cooperation and Collateral Work......................................................................... 81 Project Site Maintenance...................................................................................... 81 Protection and Restoration of Existing Improvements......................................... 83 Public Convenience and Safety............................................................................ 84 Patent Fees or Royalties ...................................................................................... 87 Advertising . . . . . . . . .. . . . .. . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 87 Laws to be Observed .. .. . .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 87 Antitrust Claims..................................................................................................... 88 Facilities for Agency Personnel General................................................................................................................. 88 Measurement and Payment Measurement of Quantities for Unit Price Work................................................... 89 Lump Sum Work................................................................................................... 89 Payment................................................................................................................ 89 PWS18-101TRAN-Contract No. 4030 4 of 93 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on February 1, 2018, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Replace all HVAC valves and damper actuators and variable-air-volume unit 2-way and 3-way valves. DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 PWS18-101 TRAN 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 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 on file with the Public Works Department. Specification reference is hereby made to the plans and specifications for full particulars and description of the work. 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. SUMMARY OF BIDDING SCHEDULE An overview of the bidding schedule is included in the following table. Details for each activity can be found in relevant section. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 5 of 93 ACTMTY SCHEDULE TIME Released for Bid January 19, 2018 Mandatory Pre-Bid Meeting January 24, 2018 8a.m. Deadline for Bid questions January 24, 2018 5p.m. Final addendum/Q&A issued (if applicable) January 25, 2018 Bid Opening February 1, 2018 11a.m. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $50,000. 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. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A-General Engineering; C20 or C38. 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 6 of 93 OBTAINING PLANS AND SPECIFICATIONS Bid packages, various supplemental provisions, and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS A set of drawings from a prior project on the Dove Library HVAC is included with the bid documents for reference only to provide and understanding of the HVAC system and equipment in place. Any prospective bidder who is in doubt as to the intended meaning of any part of the reference drawings or other contract documents, or finds discrepancies in or omissions from any of the contract documents 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 herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107 .5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 mandatory pre-bid meeting is scheduled for Wednesday, January 24, 2018 at 8 a.m. at the Dove Library Auditorium, 1775 Dove Lane, Carlsbad, CA 92011. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 7 of 93 UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Eleida Felix Yackel, Senior Contract Administrator eleida. fel ixyackel@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawings sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. on January 24, 2018. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum via PlanetBids. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent ( 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, Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 8 of 93 non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. January 19, 2018 Date ~~~x_ -G/~-C · Deputy Cieri(;,' Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 9 of 93 CITY OF CARLSBAD DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 -.... --.... ~-' ~ .... -- CONT RAC TOR'S PROPOSAL City Council City of Carlsbad 3/1)1¥' . f0L_g 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. 4030 in accordance with the 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: SCHEDULE "A" DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 Approximate Item Quantity Unit Price Total Amount No. Descriotion And Unit (Numbers) <Numbers) 1 Replace actuators and heating LS c., and cooling valves at Air Handler I (7 o" I $ ?. foot) $ 2wo ' Unit 1. Equipment to be compatible with Carrier HVAC systems. Actuators and valves by I I( eeX---f ff~ Belimo Air Controls, Inc. or $~ equivalent. 2 Replace cooling valve for Air LS Handler Unit 2. Equipment to be $ 1-, focJ $ ') ( yc>c) compatible with Carrier HVAC I systems. Valve by Belimo Air Controls, Inc. or equivalent. 3 Replace actuators and heating LS $ /, :J-a o $ r.._7 I Cc.ol,J and cooling valves at Air Handler Units 3, 4, 5, and 6. Equipment to be compatible with Carrier HVAC cg systems. Actuators and valves by Belimo Air Controls, Inc. or equivalent. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 10 of 93 4 Replace all 2-way and 3-way EA $ L. t..av $ '3~ J>c::72.,J heating valves at 28 variable-air- volume units (VAVs). Equipment 'd-f' to be compatible with Carrier HVAC systems. Valves by Belimo Air Controls, Inc. or eauivalent. Total amount of bid in words for Schedule "A": __________________ _ Total amount of bid in numbers for Schedule "A": $ _ __.S::....._~__._._6=,_0-'"--"/ .... 7 ___ _ The basis of award will be the sum of Schedule "A" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ____ t) ______ 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 7 ~C'S-I':{ , classification (';, :J-c.J which expires on /l'l i.Y r c e..c.. t . }--c> c t , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 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 fJ <. 5' (bO (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 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 11 of 93 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. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. _____________ _ (5) E-Mail _____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted __________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State __________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail _____________________ _ Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 12 of 93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ~:~~:' 0~~b R On 1eOOA\i before me, J. Sn1&, Nk ~k?\:tC, Date O'i1> Here Insert Nam~and Title of personaIIy appeared vlts :&\CA( Namej.ef of Signe# -- who proved to me on the basis of satisfactory evidence to be the person(s.Ywhose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sbe/t,+,efy executed the same in his/~~authorized capacity~ and that by his/bef/tpetfsignature~on the instrument the persorJW-, or the entity upon behalf of which the person~cted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------OPTIONAL ______________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type of Document: l.O'n\'(l.~l})fil'MJYlt .t-()'V\O.V-a\ 't5ocumer1t qate: ~fL=t-tl--j,....,\_..i~---Description of Attached Dopu'7'1en\ ~v\-~O~~ fil-1 Number of Pages:~ of q~ Signer(s) Other Than Named Above: ~f'Q QOCUM Individual -Trustee · Attorney in Fact Guardian or Conservator Other: ______________ _ Signer Is Representing: _________ _ rney in Fact -_ Guardian or Conservator .K,.~~'Q<;.~~'Q<;.~'Q<;.'Q<;.~'Q<;.'Q<;.'Q<;.'§(,"<X-~'Q<;.'Q<;."Q(,~'Q<;.'Q<;.'Q<;.'Q<;.~'Q<;.'Q<;.~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IF A CORPORATION, SIGN HERE: ( 1} Name under which business is conducted S: ~ c-S I c~ e. // ca,-/-, ,1-9 7 II 7 /t < J' ( o v<-Cf, -(,, o ~;{., C,_ ;t -C-v<,C-" (2> C &___.--c---- (Signature} (Title} Impress Corporate Seal here (3) Incorporated under the laws of the State of {: &--I, le, .. ,,-.A , « (4) Place of Business / 3 .S--.:.,· R ..-,,.-~7 To< ~A -f-7J C _ (Street and Number) City and State Oe e (;I, ,t s ( de. (7 ,4 (5) Zip Code 92:o<Cz Telephone No. z~ 0 G Lr 3 ---I IO(!;} (6) E-Mail e,_ ~ <' eo-s·, Je_ h t/,>-C--. c' .:-.J r/'r NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 13 of 93 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: -::f, .vi ,...., • t'. S e 6 r ( rl c: ·p ,-~ ----=------=----=.....:::=!,,,__ __________ _ Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 14 of 93 BID SECURITY FORM (Check to Accompany Bid) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of ~~ ,f/lwg~,q..,,j,,u-e. lf<.,.U,,-~~ fi u~/ oO vc, ~ y -dollars($ 5;-S:::«~-), 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 (10%) of the total amount of the bid.) Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 15 of 93 City of Carlsbad Faraday Center Faraday Cashiering 001 1804601-3 02/15/2018 149 Thu, Feb 15, 2018 09:38 AM Receipt Ref Nbr: R1804601-3/0005 MISC -MISC FINANCIAL Tran Ref Nbr: 180460103 0005 0005 Name: SEASIDE HEATING & AIR CONDITIONING Amount: 1@ $5,560.00 Item Subtotal: $5,560.00 Item Total: $5,560.00 ITEM(S) TOTAL: Check (Chk# 556831) Total Received: Have a nice day! $5,560.00 $5,560.00 $5,560.00 **************CUSTOMER COPY************* BIDDER'S BOND TO ACCOMPANY PROPOSAL DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 KNOW ALL PERSONS BY THESE PRESENTS: That we, ______________ , as Principal, and ____________ , 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) ___________ 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: DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 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 ______ day of __________ _, 20 __ _____________ (SEAL) ____________ (SEAL) (Principal) (Surety) By:_____________ By: ____________ _ (Signature) (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 16 of 93 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. 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 17 of 93 Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 18 of 93 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Page __ of __ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 19 of 93 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE {To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Com Dieted Contract Contract ('J..·ffi'·l7 (3 c-l b ,:,.,G... -r l'ch:.1 d I-I 5,_ a_ ?> os.-f 'c.J-< H vA-c.... .&1s;~t: Ps~5'97-C,Wo /o-r°I, 7 5 , ,., A-tA-1 t:. , ~re; ~el 7c. 7tlJ ff J/pfC-_J / t:J <;" C/(, 7 ,4C-0 ~·£;, -J .J /11 ,c.. l ,;.et K, ~"' flrr ,_,, l Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 20 of 93 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 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: O Comprehensive General Liability O Automobile Liability O Workers Compensation O Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 21 of 93 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/5/2018 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES s:u::LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED :PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER . ... ,PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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:i~cT Rachelle Williams Wood Gutmann & Bogart Insurance Brokers r ... ~~N:o Erll: 714-824-8349 IFAX: License #0679263 IA/C Nol: 714-573-1770 15901 Red Hill Ave., Suite 100 ifD~~ss: rwilliams@wgbib.com Tustin CA 92780 INSURER($) AFFORDING COVERAGE NAIC# INSURER A : American Fire and Casualty Co 24066 INSURED SEASl-1 INSURER B : Insurance Company of the West 27847 Seaside Heating & Air Conditioning, Inc. INSURER c : West American Ins Co 44393 1359 Rocky Point Dr. Oceanside CA 92056-5864 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 313344619 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IMCD wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYI LIMITS C GENERAL LIABILITY BKW56131684 9/18/2017 9/18/2018 EACH OCCURRENCE $1,000,000 -X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES /Ea occurrence\ $100,000 1 CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJURY $1,000,000 ~ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 n POLICY n ~r-8-r nLOC $ AUTOMOBILE LIABILITY BAA56131684 9/18/2017 ~ 9/18/2018 ~~~~~~~~llNGLE LIMIT $1000000 X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED PROPERTY DAMAGE X X $ ,_ HIRED AUTOS AUTOS (Per accident) X Como $500Ded X Coll $500Ded $ A X UMBRELLA LIAB M OCCUR ESA56131684 9/18/2017 9/18/2018 EACH OCCURRENCE $1,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION$ NIL $ B WORKERS COMPENSATION WSD502592004 3/1/2018 311/2019 X I T\f/igJTfJ1~s I IOJ~-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~s5c~ft-l'r~ oWoPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remar1<s Schedule, If more space Is required) RE: Dove Library HVAC Actuator and Valve Replacement, BID NO. PWS18-101TRAN, PROJECT NO. 4030 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services is named as additional insured on the General Liability per attached CG 88 1 O 04 13 and Auto per the attached CG 88 1 O 04 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. SECTION I -COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your cov- erages. The following numerical symbols de- scribe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos'' that are covered "autos". Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. A. Description Of Covered Auto Designation Symbols Svmbnl Descriotion Of Covered Auto Designation Svmbols 1 Anv ''Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Onlv those "autos" vou acauire ownershio of after the oolicv bei:rins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Onlv 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Onlv 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or orincinallv aaraaed. 6 Owned Only those "autos" you own that because of the law in the state where "Autos'' they a re licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a ptemium charge is shown (and for Liability Coverage any "trailers" "Autos" vou don't own while attached to anv oower unit described in Item Three\. 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "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 comoanvi or members of their households. r11 nn n1 n-2 n~ t'2\l~r>t n.-.-..... ":-... •--r,nnl:' Symbol Descriotion Of Covered Auto Desianation Svmbols 9 Non-Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but onry while used in vour business or vour oersonal affairs. 19 Mobile Equip-Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul-subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Onlv B. Owned Autos You Acquire After The Policy Begins 1. If symbols 1, 2, 3, 4, 5. 6 or 19 are entered next to a coverage in ITEM TWO of the Declarations, then you have cov- erage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers. Mobile Equipment And Tem- porary Substitute Autos If liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered "autos'' for Liability Cov- erage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment'' while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction SECTION II • LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, mainten- ance or use of a covered "auto." We will also pay all sums an "insured" le- gally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of cov- ered "autos." However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or ex- pense". However, we have no duty to defend any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- age" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: r.11 nn n, n'1 n111 ©IC::n Prnnartioc:, lnr ?nni; p,.n .. ? nl 1 ~ (1) The owner or anyone else from whom you hire or borrow a cov- ered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered ''auto" is owned by that "em- ployee" or a member of his or her household. (3t Someone using a covered "auto" while he or she is work- ing in a business of selling, ser- vicing, repairing, parking or storing "autos" unless that busi- ness is yours. (4) Anyone other than your "em- ployees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partner- ship), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments. We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- qui red because of an ''accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release at- tachments in any "suit" against the ''insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the ''in- sured" in any "suit" against the "insured" we defend. (6t All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insur- ance. These payments will not reduce the Umit of Insurance. b. Out of State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compul- sory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out- of.state vehicles by the jurisdic- tion where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to li- ability for damages: a. Assumed in a contract or agreement that is an "insured contract'' pro- vided the "bodily injury" or "prop- erty damage" occurs subsequent to the execution of the contract or agreement; or rA nn n .. ,v, nc tF\1l"'r"'\ n ... .-..... ,....,.,; __ 1 ....... ~nnr n ..... ..._ ..... -"' -.r ""> b. That the "insured" would have in the absence of the contract or agree- ment. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment com- pensation law or any similar law. 4. Employee Indemnification And Employ· er's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employement by the "insured"; or (2) Performing the duties related to the conduct of the ''insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph a. above. This exclusion applies; (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" em- ployment or while performing duties re- lated to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, cus- tody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" re- sulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the cov- ered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury'' or "property damage" re- sulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mo- bile equipment"; or b. Machinery or equipment that is on. attached to, or part of, a land vehicle that would qualify under the defini- tion of "mobile equipment" if it were not subject to a compulsory or finan- cial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. n---A-£,.,, Your work includes warranties or repre- sentations made at any time with respect to the fitness, quality, durability or per- formance of any of the items included in Paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls tor work at more than one site. (3l When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub- contractor working on the same pro- ject. Work that may need service, main- tenance, correction, repair or replacement, but which is otherwise complete, will be treated as complet- ed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollu- tants": a. That are, or that are contained in any property that is: (1} Being transported or towed by, handled, or handled for move- ment into, onto or from, the cov- ered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treat ed or processed in or upon the covered "auto"; b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the cov- ered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gas- es or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclu- sion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: 12. War (1) The "pollutants" or any property in which the "pollutants'' are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, overturn or damage. "Bodily injury" or ''property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any pro- fessional or organized racing or demoli- tion contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "insureds'', premiums paid, claims made or vehicles involved In the "accident", the most we will pay for the total of all damages and ''covered pollution cost or ex- pense" combined, resulting from any one "accident" is the Limit of Insurance for Liabil- ity Coverage shown in the Declarations. All "bodily injury," "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be con- sidered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- sured Motorists Coverage Endorsement at- tached to this Coverage Part. SECTION Ill -PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or {2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthcwake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage. Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. r II nn n1 n-:1 nc 2. Towing. We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage • Hitting a Bird or Ani- mal -Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehen- sive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transporation Expenses We will pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private pas- senger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Speci- fied Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the poli- cy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, un- der a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1} Other than collision only if the Declarations indicate that Com- prehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of loss Cov- erage is provided for any cov- eted "auto; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any oth- er cause or event that contributes con- currently or in any sequence to the "loss". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fu- sion; or (2) Nuclear reaction or radiation. or radioactive contamination, how- ever caused. b. War or Military Action. (1) War, including undeclared or civ- il war; (2) Warlike action by a military force, including action in hinder- ing or defending against an ac- tual or expected attack, by any government, sovereign or other authority using military person- nel or other agents; or (3} Insurrection, rebellion, revolu- tion, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any cov- ered "auto" while used in any profes- sional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any cov· ered "auto" while that covered "auto'' is being prepared for such a contest or ac- tivity. 3. We will not pay for "loss" caused by or resulting from any of the following un- less caused by other "loss" that is cov- ered by this insurance: a. Wear and tear, freezing, mechanical or electrical break- down. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic de- vices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to de- tect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed sole- ly for the reproduction of sound. d. Any accessories used with the elec- tronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the reproduction of sound and accesso- ries used with such equipment, pro- vided such equipment is permanently installed in the covered ''auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equip- ment is designed to be solely op- erated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal opera- tion of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for in- stallation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damag- ed or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality. 2. An adjustment for depreciation and phys- ical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the betterment. 0. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the ap- plicable deductible shown in the Declara- tions. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or light- ning. SECTION IV -BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss'', In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the ap- praisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "ac- cident" or "loss'' occurred; (2) The "insured's" name and ad- dress; and (3) To the extent possible, the names and addresses of any in- jured persons and witnesses. b. Additionally, you and any other in- volved "insured" must: (1~ Assume no obligation, make no payment or incur no expense without our consent, except at the ''insured's" own cost. (2) Immediately send us copies of any request, demand, order, no- tice, summons or legal paper re- ceived concerning the claim or ''suit". {3) Cooperate with us in the inves- tigation or settlement of the claim or defense against the ''suit". (4) Authorize us to obtain medical records or other pertinent infor- mation. 15) Submit to examination, at out expense, by physicians of our choice, as often as we reason- ably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: m Promptly notify the police if the covered "auto" or any of its equipment is stolen. CA 00 010306 ©ISO PronMtiP.s In~ ?Mfi Pan,. A nf 1':I (2) Take all reasonable steps to pro- tect the covered "auto" from fur- ther damage. Also keep a record of your expenses for consider- ation in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or dis- position. (41 Agree to examinations under oath at our request and give us a signed statement of your an- swers. 3. Legal Action Against Us 4. No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the ''insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this poli- cy to bring us into an action to deter- mine the "insured's" liability. Loss Payment Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. .... • ftA A• rt,,-. ft,- 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Cov- erage Form has rights to recover dam- ages from another, those rights are transferred to us. That person or organi- zation must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy 2. Bankruptcy or insolvency of the "in- sured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. Concealment, Fraud Misrepresentation Or This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to pro- vide more coverage without additional premium charge, your policy will auto- matically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form . n"'--o ,.,, 1 a;:a 5. Other Insurance a. For any covered "auto'' you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance pro- vided by this Coverage Form is ex- cess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is con- nected to another vehicle, the Liabil- ity Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy cov- ers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have when this policy began. We will compute the final premium due when we determine your actual ex- posures. The estimated total premi- um will be credited against the final premium due and the first Named Insured will be billed for the balance if any. If the estimated total premiu~ exceeds the final premium due, the first Named Insured will get a re- fund. b. If this policy is issued for more than one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "ac- cidents" and "losses'' occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory, The coverage territory is: a_ The United States of America; b. c. d. e. The territories and possessions of the United States of America; Puerto Rico; Canada; and Anywhere in the world if: (1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the Unit- ed States of America, the ter- ritories and possessions of the United States of America, Puerto Rico, or Canada or in a settle- ment we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Poli- cies Issued By Us If this Coverage Form and any other Cov- erage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifi- cally to apply as excess insurance over this Coverage Form. CA no 01 n~ OR a>!~{) Prnn,:i.rti"'"' lnr ?MJ:i 0 ...... 1n ,., 1~ SECTION V -DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury'' or ''property damage". B. "Auto" means; 1. A land motor vehicle, "trailer" or semi- trailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsbility law or other motor vehicle insurance law where it is licensed or principally ga- raged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "in- sured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detox- ifying or neutralizing, or in any way re- sponding to or assessing the effects of "pollutants''. "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for move- ment into, onto or from the cov- ered ''auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; (3) Being stored, disposed of, treat- ed or processed in or upon the covered "auto"; or b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered II auto 11 ; or c. After the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the cov- ered "auto" to the place where they are finally delivered, disposed of or abandoned by the ''insured." Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gas- es or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis, persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and (2} The "bodily injury," "property damage" or "covered pollution cost or expense" does not a rise out of the operation of any equipment listed in Paragraphs 6.b. or 6.c. of the definition of "mobile equipment." Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pol- lutants" not in or upon a covered "auto" if: (1) The ''pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, overturn or damage. ft ___ ... _._ ..... E. "Diminution in value" means the actual or perceived loss in market value or resale val- ue which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third person or organization. Tort liabil- ity means a liability that would be im- posed by law in the absence of any contract or agreement. 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental of lease, by you or any of your "employees", of any "auto." However, such contract or agree- ment shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" re- nted or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bod- ily injury" or "property damage" arising out of construction or demoli- tion operations, within 50 feet of any railroad prnperty and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driv- er; or c. That holds a person or organization engaged in the business of transport- ing property by "auto" for hire harm- less for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties relat.ed to the conduct of your business. "Leased worker" does not in- clude a "temporary worker". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use pri nci- pally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self.propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, dig- gers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. CA 00 010306 ©IS(") Prnni:irtioc Inf' ?(l(ll, o .. n .. , 'J ,., , 'l 5. Vehicles not described in Paragraphs 1., 2., 3 .. or 4. above that are not self-pro- pelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transporta- tion of persons or cargo. However, self- propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow remove I; {2) Road maintenance, but not con- struction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and gener tors, including spraying, weld- ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon· sibility law or other motor vehicle insurance law are considered ''autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, sc;iot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or re- claimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense'', to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolu- tion proceeding in which such dam- ages or "covered pollution costs or expenses" are claimed and to which the insured submits with our con- sent. 0. "Temporary worker" means a person who is furnished to you to substitute for a perma- nent "employee" on leave or to meet sea, sonal or short-term workload conditions. P. "Trailer" includes semitrailer. --........ _ _. _,.... ..,..,. r?k•lf"',...,. "'··-·---.... ~--•--J"'l.nni:- COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX --_ SUBJECT ==== NON-OWNED AIRCRAFT --NON-OWNED WATERCRAFT -PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 2 2 2 3 3 J 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew: 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot: and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 lndudes copyrighted material of Insurance Services Office, Inc., with its pennission. Page 2 of 8 ---- E. b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with perrrnss1on of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its pennission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rant, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: {1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its pem,ission. Page 4 of 8 -- -- 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 lndudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 ---==== advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES L. Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its pennission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: = COMMERCIAL GENERAL LIABILITY COVERAGE PART -= --= - Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. 1. Name: CITY OF CARLSBAD 2. Address: 1635 FARADAY AVE CARLSBAD, CA 92008 3. Number of days advance notice: 30 SCHEDULE All other terms and conditions of this policy remain unchanged. CG 80 610511 © 2011 Liberty Mutual Agency Corporation. Al rights reserved. lndudescopyrighted material of Insurance Services Office, lnc.,wilh its permission. Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency period of debarment BY CONTRACTOR: 5' ~ tJ, .; 'C £1-e' ffeu,-(-7 r /4 , -t -a"'-£ (name of Contractor) By: _(?=------'-;8------"-~------- (sign here) {1£¢ i ( .,5:. & 6-'l'cc.,.,r e. ,Co (print name/title) party debarred agency period of debarment Page _1_ of _l__ pages of this Re Debarment form Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 22 of 93 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? '< yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? ~ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? "( yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? " yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page-+-of _l__ pages of this Disclosure of Discipline form Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 23 of 93 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's 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: 5' ~o-s.· ,c,f c' /(4..,/.-.A? 'r,{r/ ~-P~-o-"v<c; (name of Contractor) By: -~{7-~6_:.::>_~::::::::====::::::::~---- (sign here) 17 bar /4<\ 6a-,(c;4 ,-e r" c) (print name/title) Page _l_ of _J__ pages of this Disclosure of Discipline form Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 24 of 93 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 The undersigned declares: I am the <:!. ,:' cJ of g e ~<;, < cf'e ' the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ~e;.,...,i..«,:;,,-ile'{ 3' r , 20...I!:. at ti~;ev,~-rlf [city], e ,4 [state]. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 25 of 93 CONTRACT PUBLIC WORKS This agreement is made this /)~ >t/:tJ day of ...L......!'--J.~..L.....:;~==--'---------' 20~, by and between the City of Carlsbad, California, a muni ipal corporation, (hereinafter called "City"), and 1 , -'-_ ' · G.,.._,,.._, whose principal place of business is (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 26 of 93 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are 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 11, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 27 of 93 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 28 of 93 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 the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 ( commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 29 of 93 (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 abov~ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 30 of 93 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 (CORPORATE SEAL) CONTRACTOR: S e,e; rL h(.,,'i /. ri J-~ I Vl L- ( name o Contractor) By:~ ~ 1, · Y\1 vi,, ,''C.-S ~.tr,\,'-~ /? rr-, J (print name and titej By:(7 J5,,,,,.c--.....- (sign here) /7 / /, -:7 / ~) ,.-,; ~t-'-vf .-.s. Pw/t:.,,e>-/-C /~c.. (print name and title) CITY OF CARLSBAD a municipal corporation of the State of 9!~forni~ By: /1/"""J ~-Kevin Crawford, City Manager A1ST: • \ a~ £rfle1il...J1_ Barbara Engleson, City Cerk [JU'--- President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attom_!~ By:~~ Deputy City Attorney Revised 7/19/17 PWS 18-101TRAN-Contract No. 4030 31 of 93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :<'.<"U.'().,-:('.f;<',-c:<'_,(".!:·.a.'-t:<',C(',<;:{',G('.Cili"~..c<' .. ,(.:<·:(K;{){;<',O,'-c<',,C{',.,:'.',;;X>,-cx;.s:;<;';G(',<;xx·;<>A,.~,<;'(X:,'(°\G(',c,(;s:.:(;,;;:(';t;f',<·;:(~"'('.Q.';{X',.:~,-c~,£.{'.<_;(:,. i-----------------------------·----·----------------------··-· ---------- ! A notary public or other officer completing this certificate verifies only the identity of the 1nd1vidual who signed the ! document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document L • ------------------------------·--------·-----------· ---- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i.81are subscribed to the within instrument and acknowledged to me that pe7"$ke/they executed the same in t)i61fj.et1fneir authorized capacity(ies). and that by ~/their signature(s) on the instrument the person(s), or tbe entity upon behalf of which the person(s) acted, executed the instrument. J. RJ lllffll cOMM:mn• I Notary Nllic . Clllfomla Sin Diego County My Comm. hplm 0c:l 13, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Signatu,e ;\• ---------------OPTTONAL--------------- Though this section is optional, CO+I,lpleting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. -Description of Attached DoAl4"le~t Title or Type of Docf~.P1~'2t: __ -i:'llAQ\\r., 'NO(\'(-~ ~~~K~-----·-----.---- Document Date: j_lltllli__________ _ ___ Number of Pages: __ (o=---- Signer(s) Other Than Named Above: _£~[~---------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____ _ Signer's Name: ---·--------- Corporate Officer -Title(s): --------c_...c:-Corporate Officer -Title(s): __ _ _________ _ Partner -Limited ! General Partner -Limited G ral Individual Attorne act Individual i At ey in Fact Trustee ~uardian or Conservator , Other: ----,~'------------ "-X.~&;,'qZ,~~~~ ©2016 National Notary Association· www.NationalNotary.org · 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa"' 0~ ~ -0 On bar. ~'€.., .._;)£) N. before me, )..Lb' C j ~ T' ~ .. A }'.)-h:vy e~ J-=>I; c.. ' Date Here Insert Name and Title of the Officer personally appeared [--xi0f T. ,f?:ud:x-c~ 0 Namf#:) of SignerJar" who proved to me on the basis of satisfactory evidence to be the person.(sYwhose name~is/are- subscribed to the within instrument and acknowledged to me that he/shQ/th8¥-executed the same in his/.h9r/their authorized capacity(i05r,and that by his/h1,1r/1:heir signature'8)'on the instrument the person(sr,- or the entity upon behalf of which the person'8f acted, executed the instrument. , ........... . @·-·~ . LETICIAl REYES I -· . • Notary Public -California z i -:'· San Diego County ~ Commission• 2211 528 ~ My Comm. Expires Aug 26, 2021 Place Notary Sea/ 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 ~ f /2e~ ~Signature of Notary ~ ---------------oPTJONAL--------------- Though this section is optional, completing this information can deter alteration of the rta.Pn1fi, fraudulent reattachment of this form to an unintended docu Description o hed Document Title or Type of Docume :..._:::------------"7""""'- Number of Pages: ___ s) Other Than Na Capacity(ies) Claimed by Signer(s) Signer's Name:-------------,,,-~-- 0 Corporate Officer -Title(s): _________ _ D Partner -D Limited D Gen D Individual D Attorne ·n Fact D Trustee D G D Trustee D Other: ________________ _ D Other: ----~-------- ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond 89461 BP Premium is included in Performance Bond. LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State Bid No. PWS18-101TRAN, adopted February 22, 2018 Seaside Heating & Air Conditioning. Inc. (hereinafter designated as the "Principal"), a Contract for: of California, by Resolution No. , has awarded to DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 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, Seasjde Heating & Ajr Condjtjonjng Inc ' as Principal, (hereinafter designated as the "Contractor"), and Indemnity Company of California _______________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty Five Thousand Six Hundred and 00/100 ------------------------------------------------- -------------------------------------------------------------------------------------------Dollars ($ 55 1600. 00 ) , said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 32 of 93 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. Executed by CONTRACTOR this ___ _ day of __________ , 20 __ . CONTRACTOR: Seaside Heating & Air Conditioning. Inc. (name of Contractor) By: ,~ ______- (sign hereiTZ> ..J' M,Y"\,' c.. 5.::.-b{aj (print name here) (r'( >otS,'L (title and organization of signatory) By: /J ~~---- (sign Giere) ~5 p....-(cc-,: (FcJ (print name here) ,,~o 5-<vs-dc rtle and organization of signatory) Executed by SURETY this __ 5t_h ___ day of ____ M_a_rc_h ______ , 20...1.§_. SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Ste 100, Irvine, CA 92614 (address of Surety) (800) 782-1546 (telephone number of Surety) r.~~ Ted Collins (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAttor~ By: Deputy City Attorney Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 33 of 93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Diego on March 5, 2018 before me, ___ J_. P_a_l_m_e_r_, _N_o_ta_r_y_P_u_b_li_c _______ _ Date Here Insert Name and Title of the Officer personally appeared _________ T_e_d_C_o_l_lin_s _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/af'e subscribed to the within instrument and acknowledged to me that he,18~H,~Ae;1 executed the same in his,lh8!'Aheir authorized capacity(j.eSf. and that by his/t:le1fthei1 signature.Lsr on the instrument the person(:if, or the entity upon behalf of which the person~ acted, executed the instrument. r8-.... ,, J. PALMER i a: -~ '· Commisaion No. 2146155 > ~ · NOTARY PUBLIC-CALIFORNIA ifi ! · SAN DIEGO COUNTY 1 ~ Commission Expires March 23, 2020 ~ Place Notary Seal 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---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ CJ Corporate Officer -Title(s): ______ _ l ; Partner -Limited C--General i ! Partner - I 1 Limited '. . General [ __ J Individual r Attorney in Fact '. I Individual ' 1 Attorney in Fact L:: Trustee r--. Guardian or Conservator I I Trustee :--: Guardian or Conservator LJ Other: ______________ _ , 1 Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. ''o:P-~1/7 By~~ Mark Lansdon, Vice-President 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 Orange On February 6, 2017 ~-~ _ Date personally appeared __ Place Notary Seal Above before me, _Lucille Raymond, _N_o~ P~tJlic Here Insert Name and Title of the Officer Daniel You_nJl and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 5th day of March , 2018 By ~-9= -Cassie Jt/r~fstord, Assistants ATS-1002 (02/17) •• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ------··---------------··-·--·-· -·-------··-------· -·-·1 A notary public or other officer completing this certificate verifies only the identity of the 1nd1v1dual 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.(l(\_i.):1~f------------) On -~Qllli ____ beto,:e me, __ J_R_troim -l--N°-~J\l __ Thbh,~c.., __ Date Here (nsert Name and Title of the Officer personauy appeared ___ :_h(2.nts _____ 13~~e,~ _<A.M _____ JimM.U Se_OOh~ . Name(s) of Signer(s) J who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) ¼/are subscribed to the within instrument and acknowledged to me that ..mif .at'le/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s). or tbe entity upon behalf of which the person(s) acted, executed the instrument. !!!11111111111 IIIIIIIIIIHHIIIIHNHN-HNHIIUHIIIINN1 i -~ J. R, SMITH - COMM. 12217938 I Nafary Public • Clllfomia SenDlltDCOUIIIJ MyC:-. ElpiNIOc:t. 13, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. WITNESS my ha~1d ~d ffictal seal. s,gnatme JQ_. _ -----~ ______ _ r-+ Signature of Notary Public j ----------------OPTIONAL---------------- Though this section is optional, Co+{lpleting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ~ Description of Attached Dpc\'~enf I r l Title or Type of Docpmint: 1:Af20_(_~-~~~-<:Y:\L\.l.~05\=().___ _ ___ _ Document Date: 5.l~-t.1.8-----·--__ r_ --;J"-;:.--;.-~-:::-.-~-::i::---·· Number of Pages: S1gner(s) Other Than Named Above: ~f_g ___ ~!!Ln._1------------------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ____ _ ________________ _ Stgner'sName: ___________________ _ Corporate Officer --Title(s): Corporate Officer --Title(s}: ' Partner -Limited eneral Partner -Limited eneral Individual ttorney in Fact 'Individual torney in Fact Guardian or Conservator ! Guardian or Conservator :...~~"<:K,~~~"r.'~~~~~ ... :;(,~~~~ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876--6827) l_tem #5907 Bond 894618P Premium $1,390 Premium is for contract term and is subject to adjustment based on final contract price. FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.Bid No. Pws1a-101TR6T'J adopted February 22, 2018 has awarded to ________ S_e_a_s_id_e_H_e_at_in~g~&_A_i_r _C_o_n_d_iti_o_ni_n-g_. _ln_c_. _________ , (hereinafter designated as the "Principal"), a Contract for: DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Seaside Heating & Air Conditioning Inc , as Principal, (hereinafter designated as the "Contractor"), and Indemnity Company of California _____________ , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fifty Five Thousand Six Hundred and 00/100 ------------------------------------------------- --------------------------------------------------------------------Dollars ($ 55,600.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 34 of 93 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. Executed by CONTRACTOR this ___ _ day of ________ , 20 __ . CONTRACTOR: Seaside Heating & Air Conditioning. Inc. (name of Contractor) By~ ~sign here) J, ~M•X >(.,b~;?e (print name hee) (Title and Organization of Signatory) By: l (sign here) e~6</.---;. ao-,~f': (print name here) . ,Fo 5r?t:>--<;;~ itle and Organization of signatory) Executed by SURETY this _....;c5=th.;...._ __ day of _ ____ M_a_r_c_h _______ ,201.§___ SURETY: Indemnity Company of California (name of Surety) 17771 Cowan, Ste 100, Irvine, CA 92614 (address of Surety) (800) 782-1546 (telephone number of Surety) By:~ (signature of Attorney-in-Fact) Ted Collins (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 35 of 93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate 1s attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego 0 March 5, 2018 b f J. Palmer, Notary Public n ___________ e ore me, ______________________ _ Date Here Insert Name and Title of the Officer personally appeared _________ T_e_d_C_o_ll_in_s ________________ _ 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,1eh1,'4i'le;· executed the same in his,ll=le!'Ai'leir authorized capacityvesJ". and that by his/1:te1fti"lei1 signature.Lsr on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. re···-'· J. PALMER ·~i ~ ···. · CommissiOn No. 2146155 ~ i . . NOTARY PUBLIC-CALIFORNIA! < . SAN DIEGO COUNTY i L. Commission Expires March 23, 2020 .~ Place Notary Seal 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;g,atu,e '1'-eu\ oftv\.V\ ~f Notary Public ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ CJ Corporate Officer -Title(s): ______ _ l i Partner -· . Limited l-:-General ! , Partner -i ! Limited ._ General U Individual r l Attorney in Fact '._J Individual '. 7 Attorney in Fact ( J Trustee r·: Guardian or Conservator : l Trustee ~~ Guardian or Conservator Ll Other: ______________ _ Other: _______________ _ Signer Is Representing: Signer Is Representing: _________ _ ©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOT ARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, Jennifer Palmer, Steven R. Bonilla, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: -<-.L~--~----__ __ _ ,,•·~~1.-,_,A.~9, t1y0'•,,, ~-L . ~-& ,,,,, .. , .. ,.,,,,, Daniel Young, Senior Vice-President -l ~-···;01<Nfl.4~--~-1,, \ i&J/~ o-~~: By: c:2?~ ~ tt 1936~)gj L ~ ----\ t;;-~-il,FO'i<~'.-~tl Mark Lansdon, Vice-President •, '~ ••••••••• " ,• ···,,,o * ~,,,,' ,,,,, .. ,,,, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 _____ before me, _____ _ Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Date personally appeared Place Notary Seal Above Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 5th day of March , 2018 ATS-1002 (02/17) •• " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1-------------------------------------------------------l ' A notary public or other officer completing this certificate verifies only the identity of the 1nd1v1dual 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 _)Af.\_ -~Tu(L________ __ ___ __ ) On-~\~~-___ befo.;e me, ___ J_R_._~Y)l~-l-M.1_-b.J6l.f'_,\Qtl~---_________ _ Date l-lere Insert Name and Title of the Officer personat!y appeared _ ChArlQ.~ '1cJc:,,. k~_\C __ a..nd, __ j~V'Vl\-e ~'ovmC:i-t-' -----;---- Name(s) of Signer(s) ) ---~ ---------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ,Ae1,$he7lhey executed the same in ~their authorized capacity(ies), and that by ~their signature(s) on the instrument the person(s), or tbe entity upon behalf of which the person(s) acted, executed the instrument. 5111111111111 IIIIIUIUW 11 IF I •••• , = -~ J.R,ant COMM.t2217t31 I Nury Pullllc -CINfornill SlnDIIIOCounlr MJ c-. £.,.. Oct 13, 21121 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. :;~:~:S1rn"' :rial=al---........... - -K"Jgnature of Notary Pub/re I ---------------OPTTONAL--------------- Though this section is optional, COlif!pleting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. .. Description of Attached D~1,1mep' I 1• 1 \ Title or Type ot Document: ~MJ1.ftQ~-~.lli.lJ.f-JQ.W?>M~!i___.B~tXl~Oi.~-------- Document Date: $I \3 _____ +------___ Number of Pages: __ z~-~-- S1gner(s) Other Than Named Above:~i_ __ rJ.~lA'/\tV_.,fil Capacity(ies) Claimed by Signer(s) Signer's Name: ___________________ _ Signer's Name: _______________________ _ Corporate Officer -Title(s): ___ _ Corporate Officer -Title(s): -------.:~""--- Partner -Limited Partner -L.1rnited Ge Individual ney in Fact Individual : At y in Fact · Guardian or Conservator Guardian or Conservator Signer "<c_.-U.,~~'q(,~~~~~~'-' =~!<:>~'C--=~""C'~.r-<::-"'.l:c,:;,;,~~~~~~ g2Q16 National Notary Association • www.NationalNotary.org · 1-800-US NOTARY (1-800-876-61J27) I.tern #5907 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is -----------------------------hereinafter called ------------------------------ 11 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 DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 1 0 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. 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 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 36 of 93 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: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name _________________ _ Signature _______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title Name _________________ _ Signature _______________ _ Address ________________ _ Title Name _________________ _ Signature _______________ _ Address ________________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 7 /19/17 PWS 18-101TRAN-Contract No. 4030 37 of 93 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Revised 7/19/17 Title MAYOR Name ------------------ Signature _______________ _ Address 1200 Carlsbad Village Drive. Carlsbad, CA 92008 Title Name _________________ _ Signature _______________ _ Address ________________ _ Title Name ------------------ Signature _______________ _ Address ----------------- PWS18-101TRAN-Contract No. 4030 38 of 93 GENERAL PROVISIONS FOR DOVE LIBRARY HVAC ACTUATOR AND VALVE REPLACEMENT CONTRACT NO. 4030 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 39 of 93 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 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. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. 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 7 /19/17 PWS18-101TRAN-Contract No. 4030 40 of 93 Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer -A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 41 of 93 Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 42 of 93 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. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 43 of 93 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 ABAN ............................................................. Abandon CONG ............................................................ Concrete ABAND ...................................................... Abandoned CONN ........................................................ Connection ABS ......................... Acrylonitrile -butadiene -styrene CONST ................................... Construct, Construction AC ..................................................... Asphalt Concrete COORD ....................................................... Coordinate ACP .......................................... Asbestos cement pipe CSP ............................................ Corrugated steel pipe ACWS ...................... Asphalt concrete wearing surface CSD ................................ Carlsbad Standard Drawings ALT ................................................................ Alternate CTB ............................................. Cement treated base APTS ................................. Apartment and Apartments CV ............................................................. Check valve AMER STD .................................... American Standard CY ............................................................... Cubic yard AWG ............... American Wire Gage (nonferrous wire) D ............................................................... Load of pipe BC ................................................... Beginning of curve dB .................................................................... Decibels BCR ....................................... Beginning of curb return DBL ................................................................... Double BORY ............................................................ Boundary OF ............................................................... Doug las fir BF ...................................................... Bottom of footing DIA ................................................................. Diameter BLDG ........................................ Building and Buildings DIP ...................................................... Ductile iron pipe BM ............................................................. Bench mark DL ................................................................ Dead load BVC .................................... Beginning of vertical curve DR ...................................................... Dimension Ratio B/W ............................................................ Back of wall DT ................................................................. Drain Tile CIC ...................................................... Center to center DWG ............................................................... Drawing CAB ...................................... Crushed aggregate base DWY ............................................................... Driveway CAL/OSHA ............ California Occupational Safety and DWY APPR .................................... Driveway approach Health Administration E ........................................................................ Electric CalTrans ........ California Department of Transportation EA ........................................................................ Each CAP ................................... Corrugated aluminum pipe EC ............................................................ End of curve CB ............................................................. Catch Basin ECR ................................................. End of curb return Cb ......................................................................... Curb EF ................................................................. Each face CBP ............................... Catch Basin Connection Pipe EG .......................................................... Edge of gutter CBR ........................................ California Bearing Ratio EGL. ................................................. Energy grade line CCR ............................. California Code of Regulations EI .................................................................... Elevation CCTV ................................................ Closed Circuit TV ELC ...................................... Electrolier lighting conduit CES .......................... Carlsbad Engineering Standards EL T ........................................................ Extra long ton CF ................................................................. Curb face ENGR. ....................................... Engineer, Engineering CF ................................................................. Cubic foot EP ................................................... Edge of pavement C&G ..................................................... Curb and gutter ESMT ........................................................... Easement CFR ................................ Code of Federal Regulations ETB ........................................... Emulsion-treated base CFS .......................................... Cubic Feet per Second EVC ................................................ End of vertical curb CIP .......................................................... Cast iron pipe EWA ............................... Encina Wastewater Authority GIPP ................................................ Cast-in place pipe EXC ............................................................. Excavation CL .............................................. Clearance, center line EXP JT ................................................. Expansion joint CLF ..................................................... Chain link fence EXST ................................................................ Existing CMB ................................ Crushed miscellaneous base F .................................................................. Fahrenheit CMC .......................................... Cement mortar-coated F&C ................................................... Frame and cover CML ............................................. Cement mortar-lined F&I .................................................. Furnish and install CMWD ..................... Carlsbad Municipal Water District FAB ................................................................ Fabricate CO .................................................... Cleanout (Sewer) FAS ............................................... Flashing arrow sign COL ................................................................. Column FD ............................................................... Floor drain COMM ....................................................... Commercial FON ............................................................. Foundation Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 44 of 93 FED SPEC .................................. Federal Specification MOD ................................................... Modified, modify FG ......................................................... Finished grade MON ............................................................. Monument FH .............................................................. Fire hydrant FL. ................................................................... Flow line MSL...Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine FS ...................................................... Finished surface MUL T ............................................................... Multiple FT-LB ......................................................... Foot-pound FTG ................................................................... Footing FW ............................................................. Face of wall G ............................................................................ Gas ~ ..................................................................... Gqe GAL.. .............................................. Gallon and Gallons GAL V .......................................................... Galvanized GAR ............................................ Garage and Garages MUTCD ..... Manual on Uniform Traffic Control Devices MVL. ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ................................................................. On center OD ..................................................... Outside diameter OE ............................................................... Outer edge OHE ................................................. Overhead Electric GIP ............................................... Galvanized iron pipe GL ......................................... Ground line or grade line GM ............................................................... Gas meter GNV ................................................ Ground Not Visible OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ................................................................ Original PB .................................................................... Pull box GP .................................................................. Guy pole PC .................................................... Point of curvature GPM ................................................ gallons per minute PCC ........................ Portland cement concrete or point GR ...................................................................... Grade of compound curvature GRTG ............................................................... Grating PCVC ....................... Point of compound vertical curve GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB ................................................................... Hose bib PE ............................................................ Polyethylene Pl. .................................................. Point of intersection PL. ............................................................ Property line HC .................................................... House connection HOWL ............................................................ Headwall HGL .............................................. Hydraulic grade line HORIZ ........................................................... Horizontal HP ............................................................. Horsepower HPG ................................................. High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................. Hydraulic IE ......................................................... Invert Elevation 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 ID ......................................................... Inside diameter INCL. .............................................................. Including INSP ............................................................ Inspection INV ....................................................................... lnvert PVT R/W ........................................ Private right-of-way Q ......................... Rate of flow in cubic feet per second QUAD ........................................ Quadrangle, Quadrant R ....................................................................... Radius IP .................................................................... Iron pipe R&O .......................................................... Rock and oil JC .................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure JT .......................................................................... Joint L ......................................................................... Length LAB .............................................................. Laboratory R/W .......................................................... Right-of-way RA ....................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete LAT .................................................................... Lateral RCB ....................................... Reinforced concrete box LB ...................................................................... Pound LD ...................................................... Local depression LF ................................................................. Linear foot LH ................................................................ Lamp hole RCE ...................................... Registered civil engineer RCP ...................................... Reinforced concrete pipe RCV ............................................ Remote control valve REF .............................................................. Reference LL ................................................................... Live load REINF .............................. Reinforced or reinforcement LOL ............................................................. Layout line LONG ........................................................ Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ...................................................... Maintenance MAX .............................................................. Maximum 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 MCR. ............................................ Middle of curb return MEAS .............................................................. Measure MH .................................... Manhole, maintenance hole MIL SPEC ..................................... Military specification MISC ...................................................... Miscellaneous 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 45 of93 SE ....................................................... Sand Equivalent TOPO ........................................................ Topography SEC .................................................................. Section TR ........................................................................ Tract SF .............................................................. Square foot TRANS .......................................................... Transition SFM ................................................. Sewer Force Main TS ......................... Traffic signal or transition structure SI ....................... International System of Units (Metric) TSC .............................................. Traffic signal conduit SPEC ...................................................... Specifications TSS ........................................... Traffic signal standard SPPWC ........................................... Standard Plans for TW .............................................................. Top of wall Public Works Construction TYP ................................................................... Typical SSPWC .............................. Standard Specifications for UE ............................................... Underground Electric Public Works Construction USA. ................................... Underground Service Alert ST HWY ................................................. State highway VAR. .................................................... Varies, Variable STA .................................................................... Station VB ................................................................. Valve box STD ................................................................ Standard VC ........................................................... Vertical curve STR. ................................................................. Straight VCP ................................................... Vitrified clay pipe STR GR ................................................. Straight grade VERT ............................................................... .Vertical STRUC .......................................... Structural/Structure VOL .................................................................. Volume SW ................................................................. Sidewalk VWD ........................................ Vallecitos Water District SWD ..................................................... Sidewalk drain W ........................ Water, Wider or Width, as applicable SY ............................................................. Square yard WATCH ............... Work Area Traffic Control Handbook T ................................................................... Telephone WI. ............................................................ Wrought iron TAN .................................................................. Tangent WM ............................................................ Water meter TC ............................................................... Top of curb WPJ ........................................... Weakened plane joint TEL .............................................................. Telephone XCONN ............................................. Cross connection TF ........................................................... Top of footing XSEC ...................................................... Cross section Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 46 of 93 1-3.3 Institutions. Abbreviation Word orWords AASHTO .................. American Association of State Highway and Transportation Officials AISC ...................................................................... American Institute of Steel Construction ANSI ......................................................................... American National Standards Institute API .......................................................................................... American Petroleum Institute AREA ................................................................ American Railway Engineering Association ASTM .............................................................. American Society for Testing and Materials AWPA. ................................................................... American Wood Preservers Association AWS ............................................................................................ American Welding Society AWW A .......................................................................... American Water Works Association FHWA ................................................................................. Federal Highway Administration GRI .................................................................................... Geosynthetic Research Institute NEMA ........................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ........................................................................................ Underwriters' Laboratories Inc. USGS ................................................................................ United States Geological Survey 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 (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ................................................................................................ 0.3048 meter (m) 1 yard (yd) ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard ~yd2) ............................................................................... 0.8361 square meter (m 2) 1 cubic foot (ft ) ..................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m 3) 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) Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 47 of 93 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): °ॼF = (1.8 x °C) + 32 ............................................................................... °C = (°F-32)/1.8 SI Units abbreviation Commonl Used in Both S stems Ampere A 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes f l~I;••••·•••••••••••••••••·•••·••••·••·•••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••• l I~, 1-5 SYMBOLS ~ L % I I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 48 of 93 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. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 49 of 93 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. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and 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: Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 50 of 93 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 1 O 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, and project technical specifications, as amended. The plans consist of reference drawings to identify the locations of all actuators and two- way/three-way valves to be replaced at the Dove Library. The Contractor shall be responsible to inspect each location prior to installation and inform the City of any discrepancies between field conditions and the reference drawings prior to replacing any equipment. 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 51 of 93 The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1} Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Technical Specifications 6) Carlsbad General Provisions 7) Plans 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 52 of 93 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: -------------Title: ____________ _ Date: __________ _ Company Name: ___________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1 .4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 53 of 93 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-8 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. 2-8.1 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. 2-8.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably Revised 7 /19/17 PWS 18-101TRAN-Contract No. 4030 54 of 93 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. 2-9 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 55 of 93 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 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, 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. 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 can not 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 can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 56 of 93 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 57 of 93 If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 58 of 93 The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure 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 Revised 7 /19/17 PWS 18-101TRAN-Contract No. 4030 59 of 93 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned 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: C7 ~ -----------=: Title: C r 0 ' ~ _ __.__ ___________ _ Date: ~ -~--1 ~ Company Name: Cev--s -.. -/r &o-f'-~ .!TA.,-,£/---&:a,~,~<.- 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 prov1s1ons specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Municipal Projects Manager 3. Engineering Manager, Construction Management & Inspection 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 60 of 93 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 61 of 93 (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 62 of 93 (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. (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 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 63 of 93 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 64 of 93 (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 65 of 93 Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 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. 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 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 66 of 93 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 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 67 of 93 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 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. 4-2 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 68 of 93 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. SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor 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. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 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 7 /19/17 PWS18-101TRAN-Contract No. 4030 69 of 93 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. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 70 of 93 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. 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. SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 71 of 93 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a bar chart. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.3 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.4 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.5 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.6 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.7 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 72 of 93 condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2. 7 .1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.7.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.7.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 73 of 93 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 74 of 93 the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 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 therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes replacement of HVAC actuators, two-way, and three-way valves at all air handler units and variable-air-volume boxes at the Carlsbad City Library on Dove Lane. All work shall be coordinated with Library & Cultural Arts staff and staged to avoid open library hours or disruptions to the public. Any noisy, odorous or obtrusive work shall be done outside of library open hours to the public. 6-2.3 Project Meetings. The Engineer will establish the time and location of 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 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 75 of 93 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. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 76 of 93 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 interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 77 of 93 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 60 calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A calendar 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.) 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; 2.) any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1; 3.) 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. No work involving noisy, odorous work, or activities that limit parking or are otherwise obtrusive for building access shall be performed by the contractor between the hours of 9AM and 9PM, Monday through Thursday, 9AM and 5PM Friday and Saturday. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. 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 will allow after hours and weekend work to accomplish work for replacing HVAC equipment as specified in this contract. Any weekend or after hours work will be at the discretion of the Contractor but must be approved by the Engineer prior to commencing any work. No additional compensation will be provided for after hours or weekend work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 78 of 93 Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one hundred dollars ($100.00). 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 one hundred dollars ($100) 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 will be occupying all or part of the facility during the course of the work. As HVAC work is completed and commissioned, its respective system must be made operational. During any time HVAC is not operational in an HVAC building zone between 8AM and 9PM weekdays and 9AM and 5PM on weekends the contractor shall provide, install and maintain temporary HVAC as part this project work scope. 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. Revised 7/19/17 PWS 18-101TRAN-Contract No. 4030 79 of 93 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." 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 80 of 93 necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all perm its incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 81 of 93 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of 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. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 82 of 93 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 therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 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. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 83 of 93 The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 84 of 93 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 85 of 93 7-10.3 Reserved 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. 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: Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 86 of 93 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 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, Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 87 of 93 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." 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. Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 88 of 93 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. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Revised 7/19/17 PWS 18-101TRAN-Contract No. 4030 89 of 93 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may 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 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 Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 90 of 93 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. 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 Revised 7 /19/17 PWS18-101TRAN-Contract No. 4030 91 of 93 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. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is 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 included in the various items of work and no other payment will be made. 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. Bid Item No. 1: Replace air Handler Unit 1 actuator & heating/cooling valves: Lump Sum Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 92 of 93 The contract unit price paid for this bid item shall constitute full compensation to furnish and install actuators and heating and cooling valves for air handler unit 1 in the Dove Library. Equipment to be compatible with Carrier HVAC systems. Actuators and valves by Belimo Air Controls, Inc. or equivalent. Bid Item No. 2: Replace air Handler Unit 2 cooling valve: Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish and install the cooling valve for air handler unit 2 in the Dove Library. Valve by Belimo Air Controls, Inc. or equivalent. Bid Item No. 3: Replace actuators & heating/cooling valves at air handler units 3, 4, 5, and 6: Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish and install actuators and heating and cooling valves for air handler units 3, 4, 5, and 6 in the Dove Library. Equipment to be compatible with Carrier HVAC systems. Actuators and valves by Belimo Air Controls, Inc. or equivalent. Bid Item No. 4: Replace all 2-way and 3-way heating valves at 28 variable-air-volume units (VAVs). Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install heating valves for 28 variable-air-volume units in the Dove Library. Equipment to be compatible with Carrier HVAC systems. Valves by Belimo Air Controls, Inc. or equivalent. Revised 7/19/17 PWS18-101TRAN-Contract No. 4030 93 of 93