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HomeMy WebLinkAbout2012-02-14; City Council; 20801; REQUESTS PROPOSALS ALGA NORTE PARKCITY OF CARLSBAD - AGENDA BILL 20.801 AB# MTG. 2/14/12 DEPT. PEM APPROVE SELECTION CRITERIA AND PERFORMANCE SPECIFICATIONS AND AUTHORIZE DESIGN BUILDER REQUEST FOR PROPOSALS FOR ALGA NORTE COMMUNITY PARK PHASE I, PROJECT NOS. 3837 AND 3925 DEPT. DIRECTO CITY ATTORNEY C^^^T CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2012-028 approving Selection Criteria and Performance Specifications and Authorizing Design Builder Request for Proposals for Alga Norte Community Park Phase I, Project Nos. 3837 and 3925. ITEM EXPLANATION: The proposed Alga Norte Community Park Phase I, Project ("ANCP Project") is located at the northwest corner of Poinsettia Lane and Alicante Road. On September 27, 2011, the City Council approved design build procurement method (1) pursuant to Section 3.28.085 F. ofthe Carlsbad IVlunicipal Code (CMC). This method allows for selection of a design build firm to perform the necessary plan updates and to construct the ANCP Project. In accordance with Section 3.28.085 F.I., City Council, as the awarding authority, shall approve the performance, specifications, and criteria to be set forth in the Design Builder Request for Proposals. Pursuant to the CMC, "these criteria may include, but not be limited to, items such as proposed design approach, initial and/or life cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance ofthe facility." On October 14, 2011, City staff issued a Prequalification Request for Proposal to prequalify design builder firms to be placed on a list of prequalified design builder firms for use on the ANCP Project. The City received prequalification proposals from fifteen firms. Five of the fifteen firms were disqualified from the selection process for failure to meet one or more minimum selection criteria. A review team consisting of four City staff members scored the ten remaining responsive proposals and selected five firms to be placed on the list of prequalified firms eligible to bid on the ANCP Project. The five firms selected by the staff committee for prequalification are TB Penick & Sons Inc., C.W. Driver, Rudolf and Sletten Inc., Edge Development Inc., and Balfour Beatty Inc. The ANCP Project Design Builder Request for Proposals (attached as Exhibit 3) details the selection criteria that will be used to select the successful design builder. The selection criteria are based upon a "best value" scoring of the proposals to be submitted by the prequalified firms. The proposal submittal process will be a three step process, including a Technical Proposal submittal, an Oral Presentation and a Price Proposal submittal. The table on the next page summarizes the criterion and scoring that will be used to select the "best value" responsive and responsible design builder firm. For a more detailed discussion of the selection criteria, see the Proposal Evaluation and Scoring Process section of the ANCP Project Design Builder Request for Proposals. DEPARTMENT CONTACT: Patrick McGarry 760-434-2949 Patrick.mcgarrv@carlsbadca.qov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 Summary of Selection Criteria Step Criterion Scoring Technical Proposal Proposal demonstrates the Design Builder's ability to design and build a project meeting the City's technical performance specifications and Design Builder's ability to move the Project forward to successful conclusion 50 Oral Presentation Impressions gained about the Design Builder's team and how well they answer questions and provide clarification requested by the City Proposal Evaluation Committee 15 Price Proposal A formula driven score of the proposers calculated using an adjusted Proposal price amount as a ratio to the lowest adjusted Proposal price amount. 35 Max. Total Score 100 Because the Project was previously authorized for bid in 2007, the City has in place a complete set of plans and specifications that will serve as the basis of the performance specifications for the ANCP Project. A design narrative was prepared by staff and the consulting firm of Wimmer, Yamada and Caughey that specifies the updates and other design modifications required to bring the ANCP Project plans and specifications up to date. These documents taken together with various other project reports, design criteria and specification documents contained in the ANCP Project Design Builder Request for Proposals complete the performance specifications for the ANCP Project. ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution Nos. 6039 and 6040, adopting a Negative Declaration (ND) and Conditional Use Permit No. 04-08, respectively for the ANCP Project. Furthermore, pursuant to Public Resources Code Section 21065, the selection criteria and Request for Proposal does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: Council has previously appropriated General Capital Construction funds and Public Facilities Fee funds for the ANCP Project. There are sufficient remaining appropriations to complete the ANCP Project at this time. No further appropriation is necessary. Costs for the ANCP Project are estimated in Table 1 below. TABLE 1 - ALGA NORTE COMMUNITY PARK PROJECT NOS. 3837 AND 3925 ESTIMATED PROJECT COSTS - PHASE 1 DESCRIPTION ESTIMATED COSTS Construction Cost $31,500,000 Construction Management, Inspection, Environmental Services $2,900,000 Design and Construction - Staff 290,000 Consultants 750,000 TOTAL $35,440,000 Page 3 The current status of the ANCP Project - Phase I is shown in Table 2 below. TABLE 2 - ALGA NORTE COMMUNITY PARK PHASE I - PROJECT NO. 3837 & 3925 TASK DESCRIPTION APPROPRIATED TO DATE EXPENDITURES/ ENCUMBRANCES TO DATE REMAINING BALANCES Design $4,711,380 $1,942,238 $2,769,142 Construction, Inspection, Materials Testing $35,203,620 $2,218,110 $32,985,510 Environmental Mitigation & Monitoring $22,500 $14,929 $7,571 Studies and Reports $62,500 $58,132 $4,368 TOTAL $40,000,000 $4,233,409 $35,766,591 EXHIBITS: 1. Resolution No. 2012-028 approving Selection Criteria and Performance Specifications and Authorizing Design Builder Request for Proposals for Alga Norte Community Park Phase I, Project Nos. 3837 and 3925. 2. Location Map 3. Design Builder Request for Proposals for Alga Norte Community Park Phase I Project (on file at the City Clerk's Office) 1 RESOLUTION NO. 2012-028 5 6 7 8 9 10 11 12 13 14 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SELECTION CRITERIA AND 3 PERFORMANCE SPECIFICATIONS AND AUTHORIZING DESIGN BUILDER REQUEST FOR PROPOSALS FOR ALGA NORTE 4 COMMUNITY PARK PHASE I. PROJECT NOS. 3837 AND 3925. WHEREAS, on August 18, 2009, Council approved Ordinance No. CS-046, codified as Chapter 3.28.085 of the Carlsbad Municipal Code (the "Design build Ordinance"), providing for the use of design build contracts as an alternative to the bidding process established by prior City Code and the California Public Contract Code; and WHEREAS, on April 26, 2011, Council voted unanimously to prepare an update to the Alga Norte Community Park ("ANCP") plans and specifications and proceed with the construction ofthe ANCP Phase I project (" ANCP Project"); and, WHEREAS, the City Manager, upon reviewing the ANCP Project and the benefits of the design build process, recommended that the ANCP Project utilize the design build procurement and contracting approach; and, "•5 WHEREAS, on September 27, 2011 Council approved Resolution No. 2011-232, approving the use of the design build procurement and contracting approach and the specific 17 procurement method for the construction of ANCP Project, as required pursuant to the Design 18 Build Ordinance; and, 19 WHEREAS, on October 14, 2011, City staff issued a Prequalification Request for 20 Proposal to prequalify Design Build firms to be place upon a prequalified list of design builder firms 21 to be used on the ANCP Project; and, 22 WHEREAS, the City received prequalification proposals from fifteen firms, of which five 23 were disqualified from the selection process for failure to meet one or more minimum selection 24 criteria; and, 25 WHEREAS, a review team consisting of four City staff members scored the ten remaining 2Q responsive proposals and selected five firms to be placed on the list of prequalified firms eligible to ^.^ receive the Design Builder Request for Proposals for the ANCP Project; and, 28 Lj 6 7 8 9 10 11 12 13 14 1 WHEREAS, the five design builder firms selected for prequalification by the staff review 2 committee are TB Penick & Sons Inc., CW Driver, Rudolf and Sletten Inc., Edge Development Inc. 3 and Balfour Beatty Inc.; and, 4 WHEREAS, staff recommends use of the selection criteria and performance specifications 5 as presented in the Design Builder Request for Proposals for ANCP Project, attached as Exhibit 3; and, WHEREAS, the Performance Specifications include a draft constructability review by Dudek, Inc., dated November 10, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Council accepts the list of prequalified design build firms as selected by staff and desires to select the design builder for the ANCP Project from the list of prequalified firms. .|5 3. That the design builder selection criteria and ANCP Project performance specifications, as presented in the Design Builder Request for Proposals for the ANCP Project, 17 pending the receipt and inclusion of the final constructability review by Dudek, Inc., are 18 approved and that the criteria, as presented, shall be used for the selection of the winning 19 design builder firm. 20 4. That the Design Build Request for Proposals for ANCP Project is hereby 21 authorized to be provided to the, above stated, prequalified design build firms for the purpose of 22 soliciting proposals for the design delivery of the ANCP Project. 23 // 24 // 25 // 26 // 27 // 28 5" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 14"^ day of February 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. None. ABSENT: None. MATLHALL, Mayor ATTEST LO (SEAL) JNE M. WOOD, City Clerk (5x1^'bit- 3v LOCATION MAP SITE NOT TO SCALE PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 mm BY: SCOTT EVmS. Cm^D ENONEBm DEPT. S/7/0S H: \CAPITAL iUPBQWUEHT PR0CR/(M\38Ji7 ALCA NORTF PAm\PLm * EXHimSimCWG 1 CITY OF ^ CARLSBAD Contract No. 3837A Bid No PWS12-24PEM. C A L I f O R N I A ALGA NORTE COMMUNITY PARK PHASE I Design Builder Request for Proposal February 14,2012 <^^^ CITY OF ^ CARLSBAD C A L I f O R N 1 A ALGA NORTE COMMUNITY PARK PHASE I CONTRACT NO. 3837A BID No. PWS12-24PEM DESIGN BUILDER REQUEST FOR PROPOSAL SUBMIT TECHNICAL AND PRICE PROPOSALS TO: Contract Administration Kevin Davis City of Carlsbad Faraday Administrative Office 1635 Faraday Avenue Carlsbad, CA 92008 Kevin.davis(a)carlsbadca.qov TECHNICAL INQUIRES: Civic Projects Manager Patrick McGarry City of Carlsbad Property and Environmental Management Department 405 Oak Street Carlsbad, CA, 92008 Patrick.mcaarrvOcarlsbadca.qov February 14, 2012 Alga Norte Community Park ^CARLSBAD contract NO. 3837A INDEX OF PROPOSAL DOCUMENTS (Contents) 1.0 DESIGN BUILDER REQUEST FOR PROPOSALS (Bid Documents) a. Project Timeline b. Request for Proposals c. Technical Proposal Submittal Requirements i. Exhibit A - Construction Management Plan Guidelines ii. Technical Proposal Form iii. RFP Documents d. Price Proposal Submittal Requirements i. Price Proposal Form ii. Price Proposal Spreadsheet iii. Design Professional Rate Schedule Form iv. Bidder's Bond to Accompany Proposal Form v. Bid Security Form e. Proposal Evaluation and Scoring Process f. Preliminary Schedule of Project 2.0 DESIGN BUILD CONTRACT a. Agreement b. Design/Build General Conditions c. Supplementary Conditions d. Project Directory e. Scope of Work f. Proposal 3.0 STANDARD CONTRACT FORMS (EXHIBITS) a. Standard Contract Forms Index 4.0 CITY FURNISHED INFORMATION a. Design Update Narrative -1.3-1.12 Page 1 of 2 Index of Proposal Documents "^•^ V A n i' c D A r-k ^19^ Community Park ^ LAKLbbAL) Contract No. 3837A b. Constructability Review c. Construction Management Plan Guideline d. Alga Norte Community Park As Built Drawings for Rough Grading and Drainage e. Alga Norte Community Park Project 2008 Plans f. Alga Norte Community Park Project 2008 Specifications g Planning Commission Resolution No. 6040 approving Conditional Use Permit for Project (CUP 04-08) h. City Standards Irrigation Equipment Approved List Facilities Standards iii. Engineering Standards iv. CAD/BIM Standards v. IT Standards As-Graded Geotechnical Report -I.3-I.-12 Page 2 of 2 Index of Proposal Documents CITY Of Alga Norte Community Park ^ CARLSBAD contract NO. SSSJA 1.0 REQUEST FOR PROPOSALS (Bid Docunnents) ^ r^ADi'cDAr^ '^'9^ Community Park ^ CAKLODAL) Contract No. 3837A C A t I F O B N I A 1. Project Timeline The Project will proceed into final design and construction immediately upon selection and award of the Contract. The anticipated contract period is 16 months from the Notice to Proceed. The following tentative Project Timeline has been prepared for this Project and is subject to change: Pre-qualified firms selected January 25, 2012 Council Approval of Selection Criteria and RFP February 14, 2012 RFP issued to pre-qualified firms February 15, 2012 Mandatory Pre-RFP Meeting February 21, 2012 Technical Proposal Due Date and Time 3:00 PM PST, March 15, 2012 Interviews conducted March 19-23, 2012 Price Proposal Due Date and Time 3:00 PM PST, April 2, 2012 Selection of Design Build Firm April 6, 2012 Formal City Council award April 24, 2012 Notice to Proceed May 4, 2012 Kick-off/Pre-job meeting May 14, 2012 Facility Opening On or before September 30, 2013 1-31-12 Page 1 of 1 Proposal Process Timeline €^ ^ A o n A i-> ^'9^ '^o'^e Community Park ^ CAKLSDAD Contract No. 3837A REQUEST FOR PROPOSAL CONTENTS 1. INTRODUCTION 2 1.1 Purpose 2 1.2 Project Description 2 1.3 Request for Proposal and Design Build Agreement Documents 3 1.4 Estimate of Probable Cost 4 1.5 Basis of Selection and Contract Award 4 1.6 Proposal Submittal Process 5 1.7 General Proposal Requirements, Terms and Provisions 7 2. THE WORK 11 2.1 General Requirements 11 2.4 Work Phases 11 3. CONTRACT SUM 12 4. MANDATORY PROPOSAL REQUIREMENTS 12 5. PROPOSAL MODIFICATIONS OR WITHDRAWALS 13 6. CONFLICTS 13 1-31-11 Pagel of 13 Request for Proposal /^AnTcD Ar>k Alga Norte Community Park LAKLbbAU Contract No. 3837A 1. INTRODUCTION The City of Carlsbad (the "City") intends to award a contract to the prequalified Design Build Entity (the "Proposer") that is deemed to offer the best value for design build services to construct the Alga Norte Community Park Phase I project (the "Alga Norte Community Park Project" or more simply the "Project") located in the City of Carlsbad. The City completed a prequalification process for design build services relating to the Project. Proposals will be accepted only from prequalified Design Build Entities. This Request for Proposal establishes the requirements for Proposal submission. The City reserves the right to reject any, or all, Proposals or to withhold the award of this project for any reason it may determine. 1.1 Purpose The City's primary objective in utilizing the design build approach for this project is to bring the best available design and construction experience and expertise together to work with the City as a team, and successfully meet the requirements of this project. The City desires to select a responsive, responsible and highly qualified Proposer to deliver a design build project that fully meets the City's established needs and expectations with respect to the budget, quality, functionality, flexibility, and operational design standards. The design build approach is intended to allow designers and contractors to work together to address each project requirement and to deliver an effective and comprehensive project that meets all the established requirements. 1.2 Project Description The City of Carlsbad is located about 35 miles north of the City of San Diego on the Southern California coast, where a great climate, beautiful beaches, lagoons, and abundant natural open space, combine with world class resorts, family attractions, well- planned neighborhoods, a diverse business sector and a charming village atmosphere combine to create the ideal California experience. Covering nearly 42-square miles, the City of Carlsbad is approaching build out and is currently home to nearly 107,000 residents. Alga Norte Community Park will be located in the southeast part of the City and when completed will be the second-largest park in the City's parks system. This Project consists of a 32.1 acre park, including an aquatics center (with a 25 meter pool, a 56 meter Olympic/Competition pool, a spa and a play pool), administrative offices, pool equipment building, community center, a skate park, a dog park, 3 ball fields, basketball courts, parking, large playground, picnic areas, maintenance building and general landscaping. Most of the rough grading and all of the mainline storm drainage work for this Project has been completed and is not a part of this Project. As-built drawings of this work shall be provided for reference only. 1-31-11 Page 2 of 13 Request for Proposal €^ J:'IL?'rT> AT-^ ^'9^ ^^f^^ Community Park ^ CARLSBAD contract NO. 3837A The plans and specifications for this Project were substantially completed in 2008 and have been issued a Conditional Use Permit (CUP), (Included in the City Provided Information) and Building Permits for construction from the City of Carlsbad. The City has allowed the building CUP and Building Permit to be active, even though certain codes and rules have changed. All other required permits, except the CUP and Building Permit, must be re-issued. The Proposer will be responsible for securing these permits. The Project design may need to be revised to comply with any new Federal or Local Laws that are not exempted by the City's CUP and Building Permit for construction. The pool drawings are current and have all the required permits for construction and operation. These plans and specifications represent the city's intent for the Project. Proposers are allowed to submit substitutions, changes, improvements, allowances, clarifications and assumptions during the bidding process only. Requests for changes to the design must be submitted in writing. No substitutions or design changes will be allowed after selection of the Design Builder unless the City approves the substitution/change. Access to the plans (AutoCAD files) of this work will be provided to the Proposers (City Provided Information). 1.3 Request for Proposal and Design Build Contract Documents Proposers must comply with the specific requirements of the Request for Proposal as well as the provisions contained in the Design Build Contract. By submitting its proposal. Proposer agrees to all of the terms and conditions contained within the Agreement and, further agrees, if selected for award, to execute the Contract Documents including all such terms and conditions. The City makes copies of the Request for Proposal Documents available, on the aforementioned terms, for the sole purpose of obtaining proposals for the Work (as defined in Section 2 of the Request for Proposal) and does not confer a license or grant permission for any other use of the Proposal Documents. This Request for Proposal includes the Request for Proposal and Design Build Contract Documents listed below for use by Proposers in the preparation of their Proposals and for incorporation into the awarded Contract. .1 Proposal Documents: a. Project Timeline b. Request for Proposal c. Technical Proposal d. Price Proposal e. Price Proposal Form f. Bid Bond g. Price Proposal Spreadsheet h. Proposal Evaluation and Scoring Process i. Preliminary Schedule of Project j. Agreement k. Design/Build General Conditions I. Supplementary Conditions 1.31-11 Page 3 of 13 Request for Proposal ^ »I CITY Of ^ CARLSBAD Alga Norte Community Park Contract No. 3837A II iv, V, vi. vii. viii, m. Project Directory n. Scope of Work 0. Proposal p. Standard Contract Forms q. City Furnished Information, including: Design Update Narrative Constructability Review Construction Management Plan Guideline Alga Norte Community Park As Built Drawings for Rough Grading and Drainage Alga Norte Community Park Project 2008 Drawings Alga Norte Community Park Project 2008 Specifications Planning Commission Resolution No. 6040 approving Conditional Use Permit for Project (CUP 04-08) City Standards Irrigation Equipment Approved List Facilities Standards Ml. Engineering Standards iv. CAD/BIM Standards V. IT Standards ix. As-Graded Geotechnical Report .2 Design Build Contract Documents: a. Design Build Agreement b. General Conditions c. Supplementary Conditions d. Project Directory e. CAD/BIM Standards f City Standards and Design Criteria g. Scope of Work h. General Requirements (Division 01) 1. Design Professional Rate Schedule for Additional Services j. Standard Contract Forms (Exhibits) k. Request for Proposal Documents I. Proposal Documents (As defined in Article 1.3.1) 1.4 Estimate of Probable Cost The Estimate of Probable Cost (EPC) for the project has been established by the City of Carlsbad as $32,000,000.00. 1.5 Basis of Selection and Contract A ward Selection shall be based upon a "best value" determination, which is calculated as described in the Proposal Evaluation and Scoring Process section in this Request for Proposal. The responsive Proposer with the highest best value score will be determined to be the apparent best value responsive and responsible Proposer to provide the requested design build 1-31-11 Page 4 of 13 Request for Proposal » «V-r. A ^19^ 'Vo'^® Community Park ^CARLSBAD contract NO. 3337A services to construct the Project. The City has the right to waive nonmaterial irregularities in a proposal. The Carlsbad City Council will make the final determination regarding selection of the best value proposal and award the Design Build Contract to the successful Proposer. Shortly thereafter, the City Contract Administrator will send standard form Notice of Selection to the successful Proposer including the original contract documents requiring signature. Within 20 days after receipt of the Notice of Selection as the successful Proposer, Proposer shall submit the following items: . 1 One (1) original of the Agreement signed by Design Build Entity, properly notarized. .2 One (1) original of the Payment Bond required under Article 11 of the General Conditions, properly notarized. .3 One (1) original of the Performance Bond required under Article 11 of the General Conditions, properly notarized. .4 Original Certificates of Insurance on the form provided by the City required under Article 11 of the General Conditions. .5 If Proposer wishes to utilize securities in lieu of retention or deposit retention into escrow beginning with the initial Application for Payment, (1) Selection of Retention Options accompanied by (3) completed Escrow Agreements for Deposit of Securities in Lieu of Retention and Deposit of Retention (refer to Article 9.5 of the General Conditions). If all submitted items are in compliance with the requirements of the Request for Proposal Documents, the City will acknowledge final award of the Contract by returning a fully executed copy of the Agreement to Design Build Entity. The City may reject the successful Proposer if the Proposer: (1) withdraws its proposal; (2) fails or refuses to sign all of the items required by the proposal documents within 20 days after receipt of Notice of Selection; or (3) is not financially or otheoA/ise qualified to perform the Contract. In such case, the City will select the next best value proposal until all proposals are exhausted or reject all proposals. 1.6 Proposal Submittal Process In an effort to reduce the Project Timeline, the City bifurcated the Proposal submittal requirement and is requiring separate submittals of a Technical and Price Proposal to be submitted on separate days. The Technical Submittal is to be submitted first, followed by an oral presentation by the Proposer and then followed by submittal of the Price Proposal. The bifurcated submittal process allows the Proposer additional time to work with their respective subcontractors to prepare the Price Proposal during the time the City reviews the Technical Proposal and conduct the interviews. For a Proposal to be considered responsive, the Proposer must submit both the Technical Proposal and Price Proposal to the City by their respective Deadlines, completed in the format and with the all content required by this Request for Proposal and, make the oral presentation as required by this Request for Proposal. 1-31-11 Page 5 of 13 Request for Proposal ^ /^ArJi'cDAr^ ^^9^ Norte Community Park ^ L-AKLbbAU Contract No. 3837A The Proposal Submittal Process shall consist of the following .1 Submittal of the Technical Proposal: The Technical Proposal is intended to provide information regarding the Proposer's ability to meet the City's design intent for the Project and prosecute construction of the Project to successful conclusion within the requirements and schedule as presented in the Request for Proposal and Contract Documents. The Technical Proposal addresses several specific technical areas of Project design and construction including the Proposer's proposed Construction Management Plan, proposed design changes and substitutions (both voluntary and non-voluntary) and, clarifications, exceptions and exclusions to the Request for Proposal and Contract Documents. The Technical Proposal must be submitted to the City on or before the Technical Proposal Deadline in conformance with all requirements of the Request for Proposal Documents. Technical Proposals will be reviewed and scored pursuant to the provisions of the Proposal Evaluation and Scoring Process. .2 Oral Presentation: After initial review and scoring of all responsive Technical Proposals, each responsive Proposer will be afforded the opportunity to make an oral presentation of its respective Proposal to the City's Proposal Evaluation Committee. The oral presentation shall conform to the requirements as stated in the Technical Proposal Submittal Requirements. At the conclusion of the presentation, the individual members of the City Proposal Evaluation Committee will score the presentation and complete the scoring of the Technical Proposal pursuant to the provisions of the Proposal Evaluation and Scoring Process. .3 Submittal of the Price Proposal. The Price Proposal is intended to provide the Proposer's pricing information required to design and construct the project to the requirements of the Request for Proposal and Contract Documents. The Price proposal includes provision for a Lump Sum Total Project Cost, Design Costs, Construction Costs, Allowances (both City and Proposer defined). Proposer's Daily Rate of Compensation for Compensable Delays and, Alternates (both City and Proposer proposed). The Price Proposal must be submitted to the City on or before the Technical Proposal Deadline in conformance all requirements of the Request for Proposal Documents. Price Proposals will be reviewed and scored pursuant to the provisions of the Proposal Evaluation and Scoring Process. Upon completion of the scoring, the City Proposal Evaluation Committee will prepare a summary of the overall Proposal scoring and determine the apparent best value responsive and responsible Proposer pursuant to the provisions of the Proposal Evaluation and Scoring Process. 1-31-11 Page 6 of 13 Request for Proposal A n n A i-> ^'9^ /^o^® Community Park ^ CARLSBAD contract No. 3837A 1.7 General Proposal Requirements, Terms and Provisions . 1 Request for Proposal Definitions The below definitions are provided relative to the terms used within the Request for Proposal Documents. Except as otherwise specifically provided, definitions set forth in the General Conditions or in other Contract Documents are applicable to all Request for Proposal Documents. Addenda: Written, electronic or graphic supplements issued by the City which modify or interpret the Request for Proposal documents by addition, deletion, clarification, or correction. No other form of communication, oral or written, modifies the Request for Proposal Documents. Business Day: Any day other than a Saturday, a Sunday or City designated holiday. Copies: Copies of Addenda will be made available for inspection wherever Request for Proposal Documents are on file. Addenda will be issued such that they should be received by Registered Plan Holders who have provided contact information for receipt of Addenda, no later than 3 business days prior to the Proposal Deadline. Addenda withdrawing the Request for Proposal or postponing the Proposal Deadline may be issued any time prior to the Proposal Deadline. Distribution of Addenda: Addenda will be issued only by the City and only in writing. Addenda will be identified as such and will be distributed via e-mail, mail, fax, courier, or through other services to all Registered Plan Holders. City: The entity known as the City of Carlsbad, a municipal corporation organized as a charter city under the laws of the State of California. Except as authorized by the authority of Carlsbad City Council or as othenA/ise specifically called out in the Request for Proposal, references to a decision of the City shall mean a decision made at the discretion of the Carlsbad City Council. City's Contract Administrator: The person working for the City who has been assigned the duty of administrating the Request for Proposal and Contract award process as identified on the Project Directory or his/her designee. City's Representative: The person working for the City who has been assigned the duty of representing the interests of the City as identified on the Project Directory or his/her designee. All contact with the City regarding the Request for Proposal is to be made through the City's Representative except where contact with the City Contract Administrator is specifically called out. Conflict of Interest. Occurs when an architect, engineer, or other consultant works on a project on behalf of more than one client. To avoid any such conflict of interest, any consultant hired with the primary role of developing the Project, program, plan or Project Request for Proposal Documents on behalf of the City is precluded from participating as a member ofthe Design Build Team. Construction Documents: Shall have the meaing set forth in article 1.1.12 in the General Conditions 1-31-11 Page 7 of 13 Request for Proposal r^AnVcD Ar\ ^'9^ Community Park ^ L-AKLbbAL? Contract No. 3837A Non-Voluntary Altematives; Alternatives, changes or substitutions to the Contract Documents that are submitted by the Proposer which are not subject to acceptance by the City. These alternatives are mandatory and are a condition to the Proposer prior to entering into a contract with the City. Registered Plan Holder: A person or entity who is known by the issuing office to have received a complete set of Request for Proposal Documents and who has provided contact information for receipt of pre-Proposal communications and has done so on the City's website. Proposal: The documents submitted by the Proposer in response to the Project Request for Proposal, which may be revised by Addenda, which contain all the requested technical and price information in the format requested within the Request for Proposal, which may be revised by Addenda. The Proposal consist of two submittals, the Technical Proposal and the Price Proposal, which are to be submitted to the City separately within the deadline set for each respective proposal, as described in the Project Request for Proposal documents, which may be revised by Addenda. The Proposal includes an oral presentation made to the City's Proposal Evaluation Committee. Proposal Deadline: The date and time on or before which Proposals must be received, as designated in the Technical Proposal Submittal Requirements and Price Proposal Submittal Requirements, respectively, or as may be revised by Addenda. Proposer: A prequalified person or firm(s) that submits a Proposal. Note: The terms "Proposer", "Bidder", "Design Build Entity", "Principal", "DB Team" and, "Design Build Team" may be used interchangeably. Receipt of Addenda: Each Proposer shall be responsible for ascertaining that it has received all issued Addenda. Request for Proposal Documents: The documents (including electronic files) prepared and issued with the Request for Proposal including all Addenda thereto, which are more specifically described in Section 1.3.1 of this Request for Proposal. 7ofa/ Project Cost: The amount in dollars that Design Builder agrees is a fair and reasonable price to construct the proposed Work in conformance with all provisions of the Request for Proposal and Contract Documents. The Total Project Cost includes all allowances, both City provided and Design Builder provided, and the cost for any involuntary changes proposed by the Design builder. Note: The terms "Bid Price", "Bid Amount" and "Proposal Price" may be used interchangeably. Voluntary Alternatives: Alternatives, changes or substitutions that are submitted by the Proposer which are subject to acceptance by the City. These alternatives are not mandatory and are not a condition to the Proposer prior to entering into a contract with the City .2 Form and Content of Proposal: The format and content of the Proposal submittal are specified in the respective Technical Proposal and Price Proposal sections of this Request for Proposal. Submitted Proposals should be concise, straightforward, prepared simply and economically. Expensive displays, bindings, or promotional materials are neither required nor desired. 1-31-11 Page 8 of 13 Request for Proposal A n r r n A r> '°^'9^ Community Park ^ CARLSBAD contract No. 3837A C A I . i O S N A .3 Proposer's Understanding: By submitting its Proposal(s), Proposer acknowledges that it has read, understood, and submitted its Proposal(s) in accordance with the provisions of the Request for Proposal Documents. .4 Additional Proposal Requirements: Proposer shall, before submitting its proposal, examine the project site, the conditions under which the Work is to be performed and the local conditions; and, shall at once report to the City's Representative errors, inconsistencies, or ambiguities discovered. If Proposer is awarded the Contract, Proposer waives any claim arising from any errors, inconsistencies or ambiguities resulting from such examinations that Proposer, its subcontractors or suppliers, or any person or entity under Proposer became aware of, or reasonably should have become aware of, prior to Proposer's submission of its Proposal. .5 Requests for Clarification: Requests for clarification or interpretation of the Request for Proposal Documents shall be addressed only to the City's Representative or his/her designee. Any other communication to any other person(s) or firm(s) shall be deemed invalid. .6 City Responses: Clarifications, interpretations, corrections, and changes to the Request for Proposal Documents will be made by Addenda. CLARIFICATIONS, INTERPRETATIONS, CORRECTIONS, AND CHANGES TO THE REQUEST FOR PROPOSAL DOCUMENTS MADE IN ANY OTHER MANNER SHALL NOT BE BINDING AND PROPOSERS SHALL NOT RELY UPON THEM. .7 Subcontractor Disclosure & Listing: Each Proposer shall list in the Expanded List of Subcontractors all first-tier Subcontractors that have been identified at the time of Proposal submittal to perform work, furnish labor or render services. .8 Equal Opportunity: Proposer has read and shall abide by the nondiscrimination requirements contained in Article 14.1 ofthe General Conditions. .9 Prevailing Wages: The City of Carlsbad is a Charter City and has made the determination that pursuant to its Charter and the requirements of City Code, the Project is not required to pay prevailing wages. .10 Return of Bid Security: Bid security will be returned after the contract has been awarded. NOTWITHSTANDING THE PRECEDING, IF A PROPOSER FAILS OR REFUSES, WITHIN 20 DAYS AFTER RECEIPT OF NOTICE OF SELECTION, TO SIGN THE AGREEMENT, OR SUBMIT TO THE CITY ALL OF THE ITEMS REQUIRED BY THE REQUEST FOR PROPOSAL DOCUMENTS, THE CITY WILL RETAIN THE PROPOSER'S BID SECURITY. If the bid security is in the form of a Bid Bond, the bid security will be retained until the City has been appropriately compensated. If the bid security is in the form of a certified check, the City will negotiate said check and, after deducting its damages, return any balance to Proposer. .13 Incorporation of Proposal into the Contract: The selected Proposer's Proposal shall be incorporated into, and shall be an integral part of the Contract. .14 Award based upon submitted Proposal: The City intends to evaluate Proposals and award a contract without allowing Proposers to revise their proposals. Therefore, Proposals are to be considered the Proposer's best and final bid price and should contain the Proposer's best terms from a price and technical standpoint. 1-31-11 Page 9 of 13 Request for Proposal ^'Ani'cD Ar\ Alga Norte Community Park CAKLbbAL^ Contract No. 3837A .15 Key Technical Proposal Submittal Definitions: . 1 Unallowable changes in Technical Proposal submittals: a. Program Chanae: Any project scope change that: (1) deviates from the required elements in the Request for Proposal Documents, or (2) is inconsistent with the requirements expressed in the Design Build Agreement Documents as issued. Examples of unallowable changes include substantial changes in project siting or adjacencies, reduction in usable space, limitations of planned utilization or limitations on future expansion. b. Performance Change: Any change, revision, alteration or deviation from the requirements of the Request for Proposal Documents that would increase energy usage, reduce useful life, impair accessibility, increase maintenance costs, or negatively affect life cycle as required. .2 Cost Realism (with respect to Price Proposal) a. Cosf Realism Analvsis: All pricing, including Unit Prices, Alternates and Compensable Delay rates must reflect a clear understanding of the Project requirements with realistic prices representing probable cost. The City will perform a cost realism analysis using its best estimate of probable cost to determine if the proposed prices are fair and reasonable. b. Unbalanced Pricing: Unbalanced pricing exists when, despite an acceptable total price, the price of one or more contract line items is significantly over or understated as indicated by the application of a cost realism analysis. IF THE CITY DETERMINES THAT ANY CONTRACT LINE ITEMS ARE NOT FAIR AND REASONABLE, OR ARE UNBALANCED, THE CITY MAY REJECT THE OFFER IF THE RESULTING AWARD POSES AN UNACCEPTABLE RISK TO THE CITY. 1-31-11 Page 10 of 13 Request for Proposal '^•^ .r^ A ^^ o A i-N ^l9^ l^^i^^ Community Park ^ CARLSBAD contract No. 3837A 2. THE WORK 2.1 General Requirements The Design Build Entity provides services for Design Development and Construction document preparation for the project that may include, but not be limited to architectural, mechanical, structural, electrical, civil, landscape, plumbing drawings and specifications; interdisciplinary construction coordination drawings (also defined as "Shop Drawings"); as well as appropriate calculations including the mechanical, plumbing, structural, and electrical systems necessary to complete the project. Additionally, the Design Build Entity, including its consultants, sub-consultants, subcontractors and/or suppliers perform Work required to construct the project as described and specified in the Request for Proposal Documents. As the existing design is permitted for construction, any and all changes to the design must not trigger a new permit evaluation, unless such change is in the interest of the City. Portions of the overall design may require deferred permit submittals and are not subject to these criteria. All Construction Drawings and Shop Drawings prepared by Design Build Entity for deferred submittals are to be complete and in sufficient detail for a comprehensive review by the City including, the City Fire Marshal, and the City's plan review service staff or consultants. The drawings and engineering calculations shall include, but not be limited to: utility plans and profiles, plans, elevations, sections, schedules and details. These drawings shall comprehensively illustrate the complete and coordinated design of the architectural, mechanical, plumbing, and electrical systems. Complete designs and drawings will also be required for security, solar thermal system, fire alarm, fire sprinkler systems, trusses, storefront. County Health permits, and any other component of the design that may require permits or additional development. The Design Build Entity will be required to use a registered design professional, prequalified by the City to prepare all Construction Drawings and shop drawings to the extent required. The Price Proposal must provide for the complete design and construction of the project, including any temporary or interim facilities required to maintain essential existing functions in operation throughout the construction period. Details of the design services and construction responsibilities are described in greater detail in the Request for Proposal Documents. 2.4 Work Phases The City anticipates that the selected Design Build Team will be able to commence construction on the Work shortly after Contract award. Excavation work, foundations, core and shell work can commence construction prior to completion of Phase 2 Project Design. Since the Project has a permit to start construction, the City assumes that the Design Build Team can accelerate the construction phasing to create an optimum completion date. 1-31-11 Page 11 of 13 Request for Proposal CITY OF CARLSBAD Alga Norte Community Park Contract No. 3837A The Contract Time allotment is as follows: Mobilization (Concurrent with Phase 2) Phase 2 Project Design Phase 3 Project Construction Total Contract Time 60 Days 60 Days 405 Days 465 Days .1 Mobilization Proposer shall be responsible for the timely mobilization of the site including all office, toilet, hand washing, staging and SWPPP requirements. The Design Build Entity will provide written concurrence that the conformed Contract Documents comprise the contractual basis for completion of the project. Mobilization shall start concurrent with the start of Phase 2 - Project Design. .2 Phase 2 - Project Design. Proposer shall be responsible to complete the design requirements, secure all missing permits and construct as much of the Project as possible concurrently. Since the Project has a current building permit, all actions necessary to advance the construction activities shall be exhausted. The objective is to clearly complete as much construction as is feasible while securing the remaining permits and approvals to complete this Project. .3 Phase 3 - Project Construction Proposer shall be responsible to complete all required construction activities during this phase of the Work. The Proposer must meet all inspection and testing requirements of the Authorities Having Jurisdiction (AHJ) and must secure an Occupancy Permit per the City of Carlsbad requirements. A thirty (30) day allowance for rain delays is included within the days allotted for Phase 3. The total contract time is 465 days including thirty (30) days for rain delays, refer to Supplementary Conditions. 3. CONTRACT SUM The Contract Sum shall be the Total Project Cost proposed for all work associated with Design Development, Construction Documents, Construction, and selected Alternates, if any and all allowances defined by the Request for Proposal Documents and as proposed by the Design Build Entity. 4. MANDATORY PROPOSAL REQUIREMENTS (THE ABSENCE OF WHICH RENDERS THE PROPOSAL NON-RESPONSIVE) A responsive Proposal is one that materially complies with the form and content requirements of the Request for Proposal Documents. Mandatory Proposal requirements include, but are not limited to: .1 Proper Proposal delivery method. .2 Timely submittals at the designated location. 1-31-11 Page 12 of 13 Request for Proposal s /^ADl'cDAr> ^^9^ Norte Community Park ^ L.AKLot5AL/ Contract No. 3837A .3 At the time of Proposal opening and throughout the duration of the Project, Proposer and all Subcontractors shall hold the appropriate current licenses issued by the State of California Contractor's State License Board. If Proposer is a Joint Venture, the Proposer shall hold the applicable joint venture license in which each member of the joint venture shall also have the appropriate license prior to contract award. The State of California Business and Professions Code, Division 3, Chapter 9, known as the "Contractor's License Law," establishes licensing requirements for contractors. .4 Proposer and first-tier subcontractors must have the required bonding and insurance including the required professional liability and contractor's pollution liability insurance. Refer to the General Conditions and the Supplementary Conditions for project specific insurance requirements. .5 Price Proposal and Bid Bond must be submitted on the City's forms provided in the Request for Proposal Document. .6 Price Proposal Form must be signed and dated by the Proposer's Representative legally authorized to bind Proposer to a contract and include all applicable attachments. .7 Bid Security in the sufficient amount as described in the Price Proposal document. 5. PROPOSAL MODIFICATIONS OR WITHDRAWALS Prior to the respective Proposal Deadline, a submitted Proposal may be modified or withdrawn by notice to City Contract Administrator at the location designated for receipt of Proposals. Such notice shall be in writing over the signature of Proposer, delivered by hand, facsimile or PDF email attachment. If notice is by facsimile or email, written confirmation over the signature of Proposer shall be mailed and received by City Contract Administrator on or before the respective Proposal Deadline. A change made shall not reveal the amount of the prior original Proposal. Modified or withdrawn Proposals may be resubmitted up to the respective Proposal Deadline, provided that it then fully complies with the requirements of the Request for Proposal Documents. Proposals may not be modified, withdrawn, or canceled following the Proposal Deadline. 6. CONFLICTS .1 The intent of this Request for Proposal is to provide an overview of the Proposal process, the subsequent award, and the Work required of the successful Proposer. The provisions herein are a SUMMARY ONLY and the Proposers should in all cases review the provisions of the related Design Build Contract Documents for the specific Project requirements. .2 If the Proposer believes there are conflicts between this document and any other Contract Documents, the Proposer must immediately, and in writing, bring it to the attention ofthe City Representative and request written clarification. 1-31-11 Page13of13 Request for Proposal ''' °' . Alga Norte Community Park CARLSBAD contract No. 3837A TECHNICAL PROPOSAL SUBMITTAL REQUIREMENTS CONTENTS 1. TECHNICAL PROPOSAL SUBMITTAL REQUIREMENTS 2 1.1 Proposal Delivery 2 1.2 Proposal Submittal Instructions 3 2. TECHNICAL PROPOSAL SUBMITTAL FORMAT AND CONTENT 4 Executive Summary 4 TAB 1 - Construction Management Plan 4 TAB 2 - Key Personnel, Project Staffing Matrix and Schedule 5 TAB 3 - Project Enhancements,Innovations, Energy Efficiency and Voluntary Alternatives.. 5 TAB 4 - Design Changes/Substitutions - Not Voluntary 6 TAB 5 - Clarifications, Exceptions, and Exclusions 6 Oral Presentation ^ 3. EXHIBITS: Exhibit A - Construction Management Plan Guidelines 4. FORMS: Technical Proposal Form Project Enhancements, Innovations, Energy Efficiency and Voluntary Alternatives Form Clarifications, Exceptions and Exclusions Form Design Changes/Substitutions Form 1.31.12 Pagel of 7 Technical Proposal V" A [? 1° R A n '^'^^ Norte Community Park Contract No. 3837A 1. TECHNICAL PROPOSAL SUBMITTAL REQUIREMENTS Proposers shall submit a Technical Proposal conforming to the format outlined herein and provide all requested information. FAILURE TO COMPLY WITH THE REQUIRED FORMAT AND/OR PROVIDE THE INFORMATION REQUESTED MAY RESULT IN A NON- RESPONSIVE SUBMITTAL 1.1. Technical Proposal DeUvery .1 Technical Proposal Delivery Date and Time Refer to the Project Timeline for the Technical Proposal Submittal Due Date and Time. Proposer is responsible to ensure that any Proposal sent by mail, courier or delivery service is received by City at or prior to the Technical Proposal Delivery Due Date and Time. .2 Marking and Identification of Submittals Proposer shall clearly mark the outside of each package to identify the following: Project Name: ALGA NORTE COMMUNITY PARK Project Numbers: 3837 & 3925 Marked: "Technical Proposal Submittal" Date of Submittal: If the Technical Proposals are sent by mail, courier or delivery service, the sealed package shall be marked with the notation "SEALED TECHNICAL PROPOSAL ENCLOSED" on the face thereof .3 Designated Location for Receipt of Technical Proposals Proposer shall assume full responsibility for timely delivery of Technical Proposals. Technical Proposals shall be properly addressed to be received at: Contract Administration Kevin Davis City of Carlsbad (City) 1635 Faraday Avenue Carlsbad, CA 92008 LATE TECHNICAL PROPOSALS: ANY TECHNICAL PROPOSAL, MODIFICATION, OR REVISION, THAT IS RECEIVED AT THE DESIGNATED LOCATION AFTER THE EXACT TECHNICAL PROPOSAL DUE DATE AND TIME SPECIFIED FOR RECEIPT OF TECHNICAL PROPOSALS IS "LATE" AND WILL NOT BE CONSIDERED. LATE TECHNICAL PROPOSALS AND MODIFICATIONS THAT ARE NOT CONSIDERED WILL BE HELD UNOPENED, UNLESS OPENED FOR IDENTIFICATION, AND THEN RETURNED TO THE PROPOSER AFTER AWARD. .4 Technical Proposal Delivery Methods (See marking instructions in 1.2b above) a. Mail b. Courier (Hand Delivery) c. Delivery service 1-31-12 Page 2 of 7 Technical Proposal Form A D TcD A r» ^'9^ Community Park ^ A o Contract No. 3837A 1.2 Technical Proposal Submittal Instructions .1 Required Copies One (1) original and six (6) copies of the written portion of the Technical Proposal shall be submitted in sealed boxes, envelopes, or other appropriate sealed containers. Include one (1) electronic copy of the written portion of the Technical Proposal and presentation boards (in PDF format). .2 Technical Proposal Format All Technical Proposals shall be submitted in 8.5" x 11" or 11" x 17" 3-ring or spiral bound binders. Items not physically suitable for inclusion may be submitted separately with a clear Technical Proposal reference to the separately furnished items. ALL NARRATIVES WITHIN THE TECHNICAL PROPOSAL SHALL BE TYPED IN TIMES NEW ROMAN OR A COMPARABLE FONT THAT IS EASY TO READ UTILIZING 11 POINT FONT OR LARGER. 1.3 Technical Proposal Scoring The Technical Proposal will be scored as described in the Proposal Evaluation and Scoring section of the Request for Proposal Documents. 1-31.12 Page 3 of 7 Technical Proposal Form <JC C CITY Of ^ CARLSBAD Alga Norte Community Park Contract No. 3837A 2. TECHNICAL PROPOSAL SUBMITTAL FORMAT AND CONTENT Each Proposer shall provide the following information in the content and format as described. The Technical Proposal shall be indexed with tabs numbered and labeled in bold type denoting the sections as follows: EXECUTIVE SUMMARY The Executive Summary should stand on its own to convey the primary technical design and build elements of Proposer's Project approach that clearly and collectively demonstrate why the Proposer represents the best and most capable Design Build Team to fulfill the City's Design intent for the Project and to prosecute construction of the Project to successful conclusion within the requirements and to the schedule as presented in the Request for Proposal and Contract Documents. TAB 1 CONSTRUCTION MANAGEMENT PLAN (CMP) Proposer shall: 1. Demonstrate with specific reference and application to the Project how the Proposer will address each chapter of the City's Construction Management Plan Guidelines (Exhibit A). a. Topics include: Project Management Plan Safety Management Environmental and Sustainability Plan Quality Management Plan Time Management Plan II iv, V, vi vii viii ix. Cost Management Plan Site Management Plan Building Information Modeling Plan Project Close-out Plan The Construction Management Plan Guidelines supplied by the City are a guide to be used by the Proposer to assist in formulating the Proposer's approach to the representative topics noted above. The Construction Management Plan Guidelines are not intended to direct the Proposer to any specific management approach or method in preparing a Project management plan in response to this Technical Proposal requirement.. 1-31-12 Page 4 of 7 Technical Proposal Form V A D Tc D A ^'9^ Community Park L.AKL5bAU Contract No. 3837A TAB 2 Key Personnel, Project Staffing Matrix and Schedule Proposer shall confirm the project participation of the key team members identified at the time of prequalification. Resumes of additional team members not identified at the time of prequalification may also be submitted. Resumes shall demonstrate qualifications to work on this project and clearly define the proposed duties of each key person, their current position/title, proposed position/title, education, professional licensing, and work experience over the last ten (10) years. Each resume shall also indicate whether or not each key person has worked as part of the proposed team on similar projects. For those Key Personnel identified during the prequalification process, a second resume is not required. The City reserves the right to interview individuals who were not on the project team presented during the prequalification process. If the City does not accept a proposed new team member, the Proposer will provide alternative team members until such time that the City accepts the proposed new team member. Proposer shall also submit in this section: 1. A table or matrix showing all current and pending major project commitments. List all key personnel required to complete the Design and Construction Documents and Construction phases ofthe project, their current and planned project commitments, the percentage of their time assigned to those commitments, and the percentage of time available for this project. 2. A staffing schedule tied to the Schedule showing the time commitment of each key personnel position listed under this tab. TAB 3 PROJECT ENHANCEMENTS , INNOVATIONS, ENERGY EFFICIENCY AND OTHER VOLUNTARY ALTERNATIVES The Project has been designed with the objective to meet the City's interests and desires. The design was completed in 2007/2008 and may not include current technology or best practices. The Proposer shall submit voluntary suggestions that illustrate how the Proposer meets the following: 1. Project Enhancements. Include a narrative to summarize project enhancements that provide the City with added value to the base bid requirements, such as newer technology and product advancements. Areas that may be opportunities for enhancements include but not be limited to; a. Play pool - more interactive components 1-31-12 Page 5 of 7 Technical Proposal Form r^AorcDAr^ Alga Norte Community Park ^ Confracf No. 3837A b. Playground - universal design, current methods of play c. Turf - Synthetic turf opportunities, DuPont ForeverLawn Select LX or equal is suggested. 2. Innovation. Demonstrate innovative ideas that may distinguish the Proposer from the other Proposers. 3. Energy Efficiency. Submit suggestions that may reduce energy costs for the project, including LED lighting, LED sports lighting, etc. The costs and benefits of these voluntary suggestions should be included. Rebates and other incentives should be defined and a simple payback period calculated. 4. Other Voluntary Alternatives. Include any other alternative that Proposer would like to offer that would be of benefit to the Project. Any project enhancements, innovations, energy efficiency and other voluntary alternatives shall be noted on the included Project Enhancements, Innovations, Energy Efficiency and Other Voluntary Alternates Form. The costs for any voluntary alternatives proposed pursuant to this requirement will NOT be added to the Total Project Cost calculation within the subsequent Price Proposal, to be submitted separately as per the requirements of this Request for Proposal. TAB 4 DESIGN CHANGES/SUBSTITUTIONS - NOT VOLUNTARY The Proposer shall describe with specificity any and all proposed design changes and/or substitutions that the Proposer or Proposer's Design Professionals consider necessary and essential to maintain design integrity of the Project or is deemed necessary for life safety issues that may not be incorporated within or adequately addressed in the Request for Proposal or Contract Documents. Any design changes or substitutions shall be noted on the included Design Changes/Substitutions - Not Voluntary Form. Each design change or substitution shall be enumerated separately for the purpose of cross referencing with the subsequent Price Proposal submittal. The Proposer shall NOT include any pricing Information within the Technical Proposal submittal. The Proposer and Proposer's Design Professional shall review all technical design documents included in the Request for Proposal and Contract Documents to the level and detail required to ensure that the Proposer and Proposer's Design Professionals are satisfied and will attest that in the judgment of the respective Design Professionals, that the Project design documents as contained in the Request for Proposal and Contract Documents, together with the proposed changes and substitutions as requested above, materially meet the standards of professional engineering design for each area of expertise. TAB 5 CLARIFICATIONS, EXCEPTIONS AND EXCLUSIONS Proposer shall define all clarifications, exceptions and exclusions from the Request for Proposal and Contract Documents in this section using the included Design, Clarifications and Exclusions Form. The clarifications, exceptions and exclusions requested per this section are not changes that are required to 1-31-12 Page 6 of 7 Technical Proposal Form '^'Sf VXm CDAf^ /\/ga Norte Community Park }: Contract No. 3837A meet current codes or life safety issues. The Proposer that has the most clarifications, substitutions and exclusions to the design or any Request for Proposal or Contract Documents will receive the lowest points available for this criterion. The Proposer is encouraged to limit the number of clarifications, exceptions, and exclusions to the Project. ORAL PRESENTATION Proposer shall make an oral presentation of its Technical Proposal, only, following the City's initial evaluation of the Technical Proposals. Proposers shall not be allowed to present or discuss Project costs or any Project element costs during the presentation. 1. Dunng the oral presentation, Proposers will be allowed 45 minutes to present the most important aspects of their proposals and 30 minutes to answer questions and provide clarifications requested by the City's Proposal Evaluation Committee. Discussions may cover any of the requirements described in the Request for Proposal. The attendance of the Desiqn Builder, Landscape Architect. Aquatics Pool Contractor. Skate Park Subcontractor and Solar Thermal Subcontractor are reouired in the interview process. Other kev consultants (Civil Enqineer and Desiqn Architect) are encouraged to participate in the interview process. a. The following topics are suggested to be presented during the presentation: i. Introduction of the Firm(s) and individuals who are proposed to be co-working on this project. ii. Project Approach, including the following topics as defined in the City's Construction Management Plan Guideline: 1. Responsibility of Design Build Team members and reporting responsibilities 2. Safety 3. Site logistics 4. Schedule 5. Cost Management 6. Building Information Modeling (BIM) 7. Sustainable construction practices 8. Project close-out iii. Key Personnel, Project Staffing Matrix and Schedule iv. Design Enhancements, Innovations, Energy Efficiency Measures and Voluntary Alternates, if any V. Non-voluntary design changes and substitutions, if any. vi. Clarifications, Exceptions and Exclusions, if any. 2. At the conclusion of the Oral Presentation, the City Representative and Proposer will mutually prepare a written summary of any clarifications deemed significant to the City's understanding of the Proposer's Technical Proposal on the Summary of Oral Presentation Clarifications form. The Proposer shall then sign and deliver the Summary of Oral Presentation Clarifications form to the City Representative together with a copy of any materials used during the presentation including a copy of any PowerPoint or other graphical presentation. 1-31.12 Page 7 of 7 Technical Proposal Form AD CD A n ^'9^ Community Park ^AKLbbAL; Contract No. 3837A 1.0 PROPOSER'S REPRESENTATIONS Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Request for Proposal and Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 20 days after receipt of notice of selection, sigh and deliver to City the Agreement and furnish to City all items required by the Request for Proposal and Contract Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Agreement in conformance with all provisions of the Request for Proposal and Contract Documents. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from the City's facility at the appropriate address stated on Page 1 of this Pricing Proposal Form. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3.0 DECLARATION I, (Printed name), hereby declare that I am the (Title) of (Name of Proposer) submitting this Technical Proposal Form; that I am duly authorized to execute this Technical Proposal Form on behalf of Proposer; and that all information set forth in this Technical Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I hereby attest to and will abide to the Proposer's Representations described in the Technical Proposal. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: (Location and city), County of , State of , on (Date). (Signature) 1-31-12 Pagel of 2 Technical Proposal Form << »X CITYOF ^ CARLSBAD Alga Norte Community Park Contract No. 3837A VOLUNTARY DESIGN CHANGES/ENHANCEMENTS FORM (To be used with TAB 3 Technical Proposal response) ITEM NUMBER ITEM DESCRIPTION DESCRIPTIVE DETAILS IMPACT OR EFFECT ON PROJECT DESIGN OR C0ST(1) (1) Voluntary changes that increase the Project Cost WILL NOT be added to the total cost to determine "Best Value" 1-31-12 Technical Proposal Design Changes Substitutions - Not Voluntary Form ^ CARLSBAD NOT VOLUNTARY DESIGN CHANGES/SUBSTITUTIONS FORM (To be used with TAB 4 Technical Proposal response) Alga Norte Community Park Contract No. 3837A ITEM NUMBER ITEM DESCRIPTION DESCRIPTIVE DETAILS IMPACT OR EFFECT ON PROJECT DESIGN OR C0ST(1) (1) Not Voluntary changes that increase the project cost WILL BE added to the project cost to determine "Best Value" 1-31-12 Technical Proposal Design Changes Substitutions - Not Voluntary Form »j; CITYOF CARLSBAD Alga Norte Community Park Contract 3837A CLARIFICATIONS, EXCEPTIONS AND EXCLUSIONS FORM (To be used with TAB 4 Technical Proposal response) ITEM NUMBER ITEM DESCRIPTION DESCRIPTIVE DETAILS IMPACT OR EFFECT ON PROJECT DESIGN (NOT TO INCLUDE COST IMPACTS) 1-31-12 Technical Proposal Clarifications, Exceptions and Exclusions Form <<f CITYOF ^ CARLSBAD Summary of Oral Presentation Clarifications Alga Norte Community Park Contract No. 3837A Item No Clarification Description Comments The City of Carlsbad has recorded the Design Builder's Clarifications of their Proposal that were provided verbally during the Oral Presentation. These clarifications will be considered a part of the overall Proposal. By signature of the Design Builder, the Design Builder agrees with the listed clarifications and agrees to adopt these clarifications into the Proposal. Executed by DESIGN BUILDER this DESIGN BUILDER: day of 20 (name of Design Builder) By: (sign here) (print name here) (title and organization of signatory) 1-31-12 Page 1 of 1 ^ A D l' C D A r4 ^^9^ Norte Community Park ^AKLDDAU Contract No. 3837A PRICE PROPOSAL SUBMITTAL REQUIREMENTS CONTENTS 1. PRICE PROPOSAL SUBMITTAL CHECKLIST 2 2. PRICE PROPOSAL SUBMITTAL REQUIREMENTS 3 1.1 Price Proposal Submittal Instructions 3 1.2 Price Proposal Delivery 3 3. PRICE PROPOSAL SUBMITTAL BINDER 4 TAB 1 - Cover Letter 4 TAB 2 - Price Proposal 4 TAB 3 - Allowances 5 TAB 4 - Alternatives 6 TAB 5 - Design Professional Rate Schedule for Additional Services 7 4. FORMS 7 Price Proposal Form Price Proposal Spread Sheet Form Design Professional Rate Schedule for Additional Services Form Bid Security Form Bidder's Bond Form 5. ADDITIONAL FORMS - FOUND IN SECTION 3.0 (STD. CONTRACT FORMS) OF RFP DOCUMENTS Subcontractor Designation Bidder's Certificate of Insurance Bidder's Statement Regarding Debarment Bidder's Disclosure of Discipline Record Non-Collusion Affidavit 1-31-12 Pagel of 7 Price Proposal A D1° CD A r> ^^'9^ Community Park ^^'^'-bDAU Confracf No. 3837A PRICE PROPOSAL SUBMITTAL CHECKLIST I I Submittal in a separate sealed container identifies the: Project Name & Number, Submittal Date and Price Proposal Submittal. Submittal is properly addressed and delivered. I I Submittal in a 8.5" X 11" Vertically Formatted 3-ring Binder; 1 original, 6 copies and 1 electronic copy (PDF Format). • TAB 1 - Cover Letter 0 TAB 2 - Price Proposal • Price Proposal Form • Proposal Bid Security (Bid Bond or Certified Check) • Price Proposal Spreadsheet 1 I TAB 3 - Allowances • City Provided Allowances • Design Builder Provided Allowances I I TAB 4 - Alternatives • City Provided Alternatives _ NOT USED • Non-Voluntary Alternatives • Voluntary Alternatives I I TAB 5- Design Professional Rate Schedule for Additional Sen/ices • FORMS a. n Bid Security or Bidder's Bond b. O Subcontractor Designation c. n Bidder's Certificate of Insurance d. n Bidder's Statement Regarding Debarment e. O Bidder's Disclosure of Discipline Record f. • Non-Collusion Affidavit 1-31-12 Page 2 of 7 Price Proposal "^Sy >^ A D i^CD A r» ^'93 Norte Community Park ^ eAKLibAU Confracf No. 3837A 1. PRICE PROPOSAL SUBMITTAL REQUIREMENTS Proposers shall submit a Price Proposal conforming to the format outline and providing all requested information (refer to the Request for Proposal). FAILURE TO COMPLY WITH THE REQUIRED FORMAT AND/OR PROVIDE THE INFORMATION REQUESTED MAY RESULT IN A NON-RESPONSIVE SUBMITTAL. 1.1 Price Proposal Submittal Instructions One (1) original and six (6) copies of the Price Proposal shall be submitted in a separate sealed envelope. Include one (1) electronic copy (in PDF format). 1.2 Price Proposal Delivery a. Proposal Delivery Date and Time Refer to the Project Timeline for the Price Proposal Submittal due date and time. Proposer is responsible to ensure that any Proposal sent by mail, courier or delivery service is received by City at or prior to the Price Proposal Delivery Due Date and Time. b. Marking and Identification of Submittals Proposer shall clearly mark the outside of each package to identify the: Project Name: ALGA NORTE COMMUNITY PARK Project Number: 3837 & 3925 Marked: "Price Proposal Submittal" Date of Submittal If the Proposals are sent by mail, courier or delivery service, the sealed package shall be marked with the notation "SEALED PROPOSAL ENCLOSED" on the face thereof. c. Designated Location for Receipt of Price Proposals Proposer shall assume full responsibility for timely delivery of Price Proposals. Price Proposals shall be properly addressed to and received at: Contract Administration Kevin Davis City of Cadsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 LATE PRICE PROPOSALS: ANY PRICE PROPOSAL, MODIFICATION, OR REVISION, THAT IS RECEIVED AT THE DESIGNATED LOCATION AFTER THE EXACT PRICE PROPOSAL DELIVERY DUE DATE AND TIME SPECIFIED FOR RECEIPT OF PRICE PROPOSALS IS "LATE" AND WILL NOT BE CONSIDERED UNLESS IT IS THE ONLY PROPOSAL RECEIVED. LATE PRICE PROPOSALS AND MODIFICATIONS THAT ARE NOT CONSIDERED WILL BE HELD UNOPENED, UNLESS OPENED FOR IDENTIFICATION, AND THEN RETURNED TO THE PROPOSER AFTER AWARD. 1-31-12 Page 3 of 7 Price Proposal ' CITV OF ^ r"ADI CRAn ^^9^ Norte Community Park eAKL^DAU Confracf A/o. 3837A d. Price Proposal delivery methods (See marking instructions in 1.2b above) 1. Mail 2. Courier (Hand Delivery) 3. Delivery service 2. PRICE PROPOSAL SUBMITTAL BINDER Price Proposals shall be submitted in 8 Vi" x 11" vertically formatted 3-ring binders and indexed with tabs numbered and labeled in bold type denoting the tab sections as follows: TAB 1 COVER LETTER Cover letter shall: 1. Be a maximum of two (2) pages long. 2. Confirms that members of the Design Build team are the same since the Pre-qualification Submittal. 3. Include the name of the Proposer's contact person, phone number, email address, and facsimile number. TAB 2 PRICE PROPOSAL Proposer shall submit the Price Proposal Form, Proposal (Bid) Security, and Price Proposal Spreadsheet as follows: A. Price Proposal Form. Submit a complete, signed and dated Price Proposal Form as contained within the Request for Proposal. The Total Project Cost shall be the proposed price for ALL phases, and aspects, including all design and construction activities prescribed within the Request for Proposal and Contract Documents. Proposer shall make no stipulations on the Price Proposal Form nor qualify the Price Proposal in any manner. FAILURE TO SUBMIT A COMPLETE AND SIGNED PRICE PROPOSAL FORM SHALL RESULT IN THE PROPOSAL BEING REJECTED AND DEEMED NON-RESPONSIVE. PRICE PROPOSALS NOT SUBMITTED ON THE CITY'S PRICE PROPOSAL FORM SHALL BE REJECTED. B. Proposal Bid Security. The Price Proposal shall be accompanied by Proposal Bid Security in the amount of 10% of the Total Project Cost as security for Proposer's obligation to enter into a contract with the City in the event the Proposer is awarded the Contract. Proposal Bid Security shall be a Bid Bond on the form contained within the Request for Proposal, or a certified check made payable to "The City of Carlsbad." The surety issuing the bid bond shall be, at the time of the Proposal Delivery Date and Time, an admitted surety insurer (as defined in the California Code of Civil Procedure, section 995.120). 1-31-12 Page 4 of 7 Price Proposal CARLSBAD Alga Norte Community Park Contract No. 3837A PROPOSER MUST USE THE BID BOND FORM PROVIDED BY THE CITY. The Bid Bond form may not be retyped, refomnatted, transcribed onto another forni, or altered in any manner except for the purpose of completing the form. WHEN A BID BOND IS USED FOR PROPOSAL BID SECURITY, FAILURE TO USE THE CITY'S BID BOND FORM WILL RESULT IN THE REJECTION OF THE PROPOSAL. C. Price Proposal Spreadsheet Submit a completed Price Proposal Spreadsheet as contained within the Request for Proposal. Complete all applicable line items; combining line items is not permitted. FAILURE TO PROVIDE SUFFICIENT DETAIL ON THE SPREADSHEET MAY RESULT IN THE PROPOSAL SUBMITTAL BEING REJECTED AS NON-RESPONSIVE. TAB 3 ALLOWANCES Proposer shall include all allowances they may have included in their Price Proposal. These allowances shall be included in the Total Project Cost. A. City Provided Allowances: The City has requested that each team include in their Price Proposal the following allowances: Item City Allowance - Work Item Description Allowed Cost 1 Solar Thermal System for the pool hot water system, includes design, permits, and construction $250,000 2 Design and construction changes due to 2010 Standards for Accessible Design compliance $50,000 3 Ball Field elevation transition to basketball court elevation, use spoil from pool and skate park excavation to lessen impact, includes design and construction $200,000 4 Recycled Water for flushing toilets/urinals updated requirements $20,000 5 Basketball Court design change (1 full court plus 2 half courts, revised basketball standards), includes design and construction. $200,000 6 All Artwork shall be Owner Furnished/Owner Installed. Contractor to coordinate with the Artist $15,000 7 Food Service Equipment - Contractor Furnished/Contractor Installed The Food Service requirements for this facility have been significantly reduced. No other requirements for Food Service Equipment will be required. $20,000 8 Video Surveillance system $125,000 9 Electronic security hardware - access control system $50,000 10 Portable Concession Stand in outdoor yard of Building 3, including design and construction $75,000 11 Alicante Road resurfacing $40,000 1-31-12 Page 5 of 7 Price Proposal <i\'t. : CITV OF ^ CARLSBAD Alga Norte Community Park Contract No. 3837A 12 DG Path along Alicante Road -install stabilized DG along entire length along Alicante $40,000 13 Currently, the site is infested with gophers - $10,000 allowance to eradicate $10,000 14 Ground breaking and Grand Opening ceremonies - site treatment, etc. $20,000 15 Siliconate sealer shall be used on the concrete surface for the pool and pool deck. $75,000 16 Public Address system for the Aquatics Complex 125,000 17 LED Tree up-lighting in Aquatic Complex and Playground 65,000 18 Synthetic Turf for the two South ball fields in lieu of natural turf. $1,200,000 Total City Requested Allowances $2,580,000 B. Design Builder Allowances Provide an enumerated list of all Design Builder Allowances, if any, using same table format as City requested allowances provided above. The Proposer shall provide a detailed procurement process that mirrors this Request for Proposal process as it relates to procuring these allowances and any other part of the work not defined in the Request for Proposal. This process shall allow for best value selection, including qualifications and price as key criteria for the selection. TAB 4 ALTERNATIVES Proposer shall submit all alternatives for this project including: 1. City requested alternative; ,NOT USED 2. Design Builder provided non-voluntary alternatives, if any. a. Alternatives, changes or substitutions to the Contract Documents that are submitted by the Proposer which are not subject to acceptance by the City. These alternatives are mandatory and are a condition to the Proposer prior to entering into a contract with the City 3. Design Builder provided voluntary alternatives, if any. a. Alternatives, changes or substitutions that are submitted by the Proposer which are subject to acceptance by the City. These alternatives are not mandatory and are not a condition to the Proposer prior to entering into a contract with the City. 1-31-12 Page 6 of 7 Price Proposal V A D TcD A ^'9^ Community Park CAKLbDAL; Contract No. 3837A TABS DESIGN PROFESSIONAL RATE SCHEDULE FOR ADDITIONAL SERVICES Proposer shall submit the Design Professional Rate Schedule for Additional Services form contained within the Request for Proposal. 3. FORMS Proposer shall include all required Proposer's Forms with the Price Proposal including the following: a. Bid Security or Bidder's Bond b. Subcontractor Designation c. Bidder's Certificate of Insurance or Insurance Carrier's Statement d. Bidder's Statement Regarding Debarment e. Bidder's Disclosure of Discipline Record f. Non-Collusion Affidavit All submittal forms must be completed in full, properly executed and notarized as requested. FAILURE TO SUBMIT ALL REQUESTED FORMS, TO COMPLETE FORMS IN FULL, TO PROPERLY EXECUTE FORMS OR TO HAVE FORMS PROPERLY NOTARIZED MAY RESULT IN THE PROPOSAL SUBMITTAL BEING REJECTED AS NON-RESPONSIVE. 1-31-12 Page 7 of 7 Price Proposal CITY Of CARLSBAD Alga Norte Community Park Contract No. 3837A PRICE PROPOSAL FORM FOR ALGA NORTE COMMUNITY PARK PHASE I CONTRACT NO. 3837A BID NO. PWS12-24PEM THE CITY OF CARLSBAD CARLSBAD, CALIFORNIA FEBRUARY 14, 2012 PROPOSAL TO: THE CITY OF CARLSBAD Kevin Davis 1635 Faraday Carlsbad, CA 92008 (760)4602-2466 PROPOSAL FROM: (Name of Firm Submitting Proposal) (Address) (City, State, Zip Code) (Telephone & Fax Number) (Date Submitted) Note: All portions of this Price Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Price Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive. 1-31-12 Page 1 of 6 Price Proposal Form »J : CITY Of ^ CARLSBAD Alga Norte Community Park Contract No. 3837A 1.0 PROPOSER'S REPRESENTATIONS Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Request for Proposal and Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 20 days after receipt of notice of selection, sign and deliver to City the Agreement and furnish to City all items required by the Request for Proposal and Contract Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Agreement in conformance with all provisions of the Request for Proposal and Contract Documents. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from City's facility at the appropriate address stated on Page 1 of this Price Proposal Form or from the City website. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3.0 TOTAL PROJECT COST The Total Project Cost shall include all costs to complete the Work and shall include all allowances (City provided and Design/Builder provided) and any involuntary changes that impact the Total Project Cost. The Total Project Cost shall NOT include any voluntary Project Enhancements/Innovations/Energy Efficiency Voluntary Alternatives submitted in the Technical Proposal or any Alternates defined herein. 40 PRICE PROPOSAL PRICE PROPOSAL TOTAL PROJECT COST (Place figures In appropriate boxes.; 1-31-12 Page 2 of 6 Price Proposal Form <^ 4 CITY OF CARLSBAD Alga Norte Community Park Contract No. 3837A 5.0 DAILY RATE OF COMPENSATION FOR COMPENSABLE DELAYS - Phase 3 Proposer shall determine and provide in the space below, the daily rate of compensation for any compensable delay caused by City at any time during the performance of the Work: $ > X 30 days (multiplier) (Place Daily Rate in appropriate boxes.) City will perform the extension of the daily rate times the multiplier. The daily rate shown above will be the total amount of Proposer entitlement for each day of compensable delay. The number of days of compensable delay shown as a "multiplier" above is not intended as an estimate of the number of days of compensable delay anticipated by the City. The City will pay the daily rate of compensation only for the actual number of days of compensable delay, as defined in the General Conditions; the actual number of days of compensable delay may be greater or lesser than the "multiplier" shown above. 6.0 ALTERNATIVES Provide all design, engineering, coordination, labor, materials, equipment, accessories, and Design Build Entity and subcontractor overhead, mark-up, and profit required for the following Alternates. Indicate by marking only one of the three boxes ("Add", "Deduct", or "No Change") and state the amount by placing figures in the corresponding boxes. Check the "No Change" box when there is no change in the Price Proposal. Failure to quote an amount or check "No Change" or the insertion of any words that qualify the Price Proposal will result in the Proposal being rejected as nonresponsive. No extension of time will be granted if the Alternate is accepted. City Proposed Alternate Alternate No. - Not Used (Place figures in appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. • Add • Deduct • No Change Proposer Proposed Alternate Alternate No (Add description or label Unused) (Place figures in appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. • Add • Deduct • No Change Proposer Proposed Alternate 1-31-12 Page 3 of 6 Price Proposal Form <^tt C I T Y O f ^ CARLSBAD Alga Norte Community Park Contract No. 3837A Alternate No. (Add description or label Unused) (Place figures In appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. • Add • Deduct • No Change Proposer Proposed Alternate Alternate No. (Add description or label Unused) (Place figures In appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. • Add • Deduct • No Change Add additional proposed alternates using specified format if needed. 1-31-12 Page 4 of 6 Price Proposal Form /-^ A n TcD A r\ ^'9^ Community Park ^ CAKLbbAU Contract No. 3837A 7.0 PROPOSER INFORMATION TYPE OF ORGANIZATION: (Corporation, Partnership, Individual, Joint Venture, etc.) IF A CORPORATION. THE CORPORATION IS ORGANIZED UNDER THE LAWS OF: THE STATE OF . (State) NAME OF PRESIDENT OF THE CORPORATION: (Insert Name) NAME OF SECRETARY OF THE CORPORATION: (Insert Name) IF A PARTNERSHIP. NAMES AND TITLES OF PERSONS SIGNING THE BID ON BEHALF OF PROPOSER AND ALL GENERAL PARTNERS: PERSONS SIGNING THE BID ON BEHALF OF PROPOSER: (Insert Name and Title) GENERAL PARTNERS: (Insert Names) (Insert Names-continued) CAUFORNIA CONTRACTORS LICENSE(S): (Name of Licensee) (Classification) (License Number) (Expiration Date) (For Joint Venture, list Joint Venture's license and licenses for all Joint Venture partners.) 1.31-12 Page 5 of 6 Price Proposal Form r'ADl'cDAr^ ^^9^ Norte Community Park ^ CAKLODAU Contract No. 3837A 8.0 REQUIRED COMPLETED ATTACHMENTS The following documents are submitted with and made a condition of the Proposal: 1. Proposal Bid Security in the form of (Bid Bond or Certified Check) 9.0 DECLARATION I, (Printed name), hereby declare that I am the (Title) of (Name of Proposer) submitting this Price Proposal Form; that I am duly authorized to bind the Proposer and execute this Price Proposal Form on behalf of Proposer; and that all information set forth in this Price Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I hereby attest to and will abide to the Proposer's Representations described in the Price Proposal. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: (Location and city). County of , State of , on (Date). (Signature) Print Name and Title 1-31-12 Page 6 of 6 Price Proposal Form CITY Of CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A 1. DESIGN FEES - TOTAL $0.00 A. Landscape Architecture Fee B. Building Architecture Fee C. Aquatics Design Fee 0. Skatepark Design Fee E Civil Engineer Fee F All Other Design Fees 2. CONSTRUCTION COSTS - TOTAL $2,580,000.00 A Pools, including pool deck and all equipment 8 Site Furnishinqs all areas C Skatepark costs, not including fence, lighting, landscaping and sidewalks D Ball fields, not including sidewalks, fenicing, lighting E All Buildings, 1-7 F Site Electrical, including ballfield lighting and all other outdoor lighting G Landscape costs, all areas except pool and ballfield turf H Hardscape costs, including all sidewalks, basketball courts, and parking 1 Site Utilities, excluding site electrical J Playground equipment K Dog Park, exclduing fencing L Fencing - all fencing for the project M Signage all areas including monument signs N FoodService Equipment 0 City Defined Allowances $2,580,000.00 3. TOTAL DES GN AND CONSTRUCTION COSTS $2,580,000.00 4. BURDEN COSTS- TOTAL $0.00 % of Total Cost P General Requirements Q Design/Builder Defined Allowances R Design/Builder Defined Non-voluntary Alternatives S Design/Builder Controlled Contingency T General Conditions U Supplementary Conditions V Overhead w Profit X Insurance Y Builder's Risk Insurance z Bond Total Project Cost (should be the same number as presented in the Price Proposal box within Section 4.0 of the Price Proposal Form) $2,580,000.00 <XC C I T Y o r CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A BREAK DOWN OF CONSTRUCTION COST PER SPECIFICATION DIVISIONS DIVISION 1 GENERAL REQUIREMENTS $2,580,000.00 01040 Project Coordination 01042 Design Coordination 01350 Mock-Ups 01370 Cost Breakdown 01800 Mobilization 01830 Environmental Protection TBD City Provided Allowances $2,580,000.00 DIVISION 2 SITE WORK $0.00 02050 Clearing and Removals 02070 Selective Demolition 02200 Earthwork and Site Preparation 02221 Trenching, Backfilling and Compaction 02260 Topsoiling and Finished Grading 02273 Rip Rap 02372 Storm Water Pollution Prevention 02330-SK Subgrade Preperation - Skatepark 02513 Asphalt Concrete Pavinq 02520 Site Concrete Paving 02550 Site Utilities 02665 Water Distribution system 02721 Storm Drainage System 02722 Sanitary Sewers 02790 Playground Surface Systems 02791 Synthetic Turf Surfacing 02792 Synthetic Turf subsurface 02810 Irrigation System 02820 Fencing and Gates 02825 Security Gates and Fencing 02870 Site Furnishinqs 02875 Pre-engineered Shelter 2881 Playground Equipment 02900 Landscape Planting 02955 Tree Planting 02970 DG Surfacing CITY OF ^ CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A DIVISION 3 CONCRETE $0.00 03100 Concrete Formwork 03100-SK Concrete Formwork Skate Park 03200 Concrete Reinforcement 03200-SK Concrete Reinforcement Skate Park 03300 Cast-ln-Place Concrete 03310-SK Gast-ln-Place Concrete Skate Park 03369-SK Shotcrete - Skatepark 03380-SK Concrete Curing - Skate Park DIVISION 4 MASONRY $0.00 04200 |Unit Masonry DIVISION 5 METALS $0.00 05120 Structural Steel 05300 Metal Decking 05400 Cold-Formed Metal Framing 05500 Metal Fabrications 05510-SK Metal Fabrications - Skate Park 05515 Ladders and Rungs 05700 Ornamental Metal 05710-SK Omamental Metal - Skate Park 05810 Expansion Joint Cover Assemblies DIVISION 6 WOOD AND PLASTIC $0.00 06100 Rough Carpentry 06402 Interior Architectural Woodwork 06650 Solid Polymer Panels DIVISION 7 THERMAL AND MOISTURE PROTECTION $0.00 07114 Cement Base Waterproofing 07130 Membrane Waterproofing 07140 Fluid Applied Waterproofing 07145 Cementitious Waterproofing 07160 Bituminous Dampproofing 07180 Water Reppelant Coatings 07210 Building Insulation 07250 Sprayed-On Fireproofing 07260 Intumescent Fireproofing 07270 Fire Stopping 07321 Clay Tile Roofing 07411 Manufactured Metal Roof Panels 07412 Manufactured Wall Panels 07XXX PVC Roofing Specification 07620 Sheet Metal Flashing and Trim 07716 Roof Expansion Assemblies 07720 Roof Accessories 07920 Joint Sealers 07921 Pool Sealants & Caulking CITY Of CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A DIVISION 8 DOORS AND WINDOWS $0.00 08114 Steel Doors and Frames 08125 Interior Aluminum Doors and Frames 08212 Wood Doors 08221 Fiberglass Doors and Frames 08305 Access Doors 08334 Overhead Coiling Doors 08410 Aluminum Entrance, Storefronts and Fixed Windows 08580 Transaction Windows 08620 Skylights 08710 Finish Hardware 08716 Auto Door Openers 08800 Glass and Glazing 08829 Mirror Glass 08840 Plastic Glazing DIVISION 9 FINISHES $0.00 09100 Metal Support Systems 09211 Portland Cement Plaster 09253 Gypsum Sheathing 09260 Gypsum Assemblies 09300 Tile 09510 Acoustical Ceiling 09650 Resilient Flooring and Base 09670 Concrete Epoxy Floor Coating 09675 Cocrete Floor Sealer 09681 Carpet Tile 09775 Rigid Protective Wall Covering 09815 Epoxy Wall Covering 09900 Painting 09910-SK Painting Skate Park 09930 Epoxy Coating' 09950 Basketball Court Surfacing 09961 Graffiti-Resistant Coating DIVISION 10 SPECIALTIES $0.00 10110 Visual Display 10165 Toilet Partitions 10210 Metal Wall Louvers 10220 FRP Louvers 10350 Flagpoles 10400 Signage 10410 Display Case 10416 Wall Clocks 10505 Metal Lockers 10522 Fire Extinguishers, Cabinets, and Accessories 10525 Key Boxes 10800 Toilet and Bath Accessories 10811 Changing Table <(j(^'Z c I r Y o f CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A DiVISION 11 EQUIPMENT $0.00 11132 Projection Screens 11400 Food Service Equipment 11451 Residential Appliances DIVISION 12 FURNISHINGS $0.00 12355 Casework 12494 Roller Shades DIVISION 13 SPECIAL CONSTRUCTION $0.00 13125 Grandstand Bleachers 13130 Pre-Engineered Fabric Shade Structures 13150-SP Swimming Pool Contractor General Requirements 13151-SP Excavation Swimming Pool 13152-SP Concrete - Swimming Pool 13153-SP Shotcrete - Swimming Pool 13154-SP Ceramic Tile - Swimming Pool 13155-SP Plaster - Swimming Pool 13156-SP Equipment - Swimming Pool 13157-SP Mechanical - Swimming Pool 13158-SP Electrical - Swimming Pool DIVISION 14 CONVEYING SYSTEMS $0.00 14500 1 |Over-head Crane at Pool Equipment we need to add a spec for this work CITY Of ^ CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A DIVISION 15 MECHANICAL $0.00 15000 General Provisions, Mechanical 15020 Test, Adjust & Balance 15050 Summary of Work 15060 Basic Piping Method 15061 Hangers and Supports 15080 Piping Specialties 15110 Valves 15122 Gauges, Thermometers and Meters 15140 Domestic Water Piping 15150 Sanitary Waste and Vent Piping 15160 Storm Drainage Piping 15170 Motors and Motor Controllers missing this spec 15181 Pipe Insulation 15190 Mechanical Identification 15194 Fuel Gas Piping 15242 Seismic Bracing Vibration Isolation 15243 Acoustical Requirements 15280 Equipment Insulation 15290 Ductwork Insulation 15310 Fire Protection Piping and Valves 15340 Sprinkler Systems 15400 Summary of Plumbinq Work 15401 Domestic Water System 15405 Sanitary Waste and Vent System 15407 Condensate Piping 15410 Plumbing Fixtures 15420 Plumbing Equipment 15421 Plumbing Specialties 15422 Roof Drainage System 15486 Fuel Fired Water Heatinq System 15765 Ductless Split Air Conditioning System 15825 Natural Gas Fired Furnaces 15828 Kitchen Exhaust Make-up Air Unit 15829 Exhaust Air 15830 Gas Electric Air Conditioning Unit 15831 Heat Pump Air Conditioning Unit 15834 Split Heat Pump Air Conditioning Unit 15839 Air Handling anmd Air Distribution Specialties 15841 Ductwork 15900 Automatic Temperature Controls <<j^ CITYOF CARLSBAD ALGA NORTE COMMUNITY PARK BID SPREAD SHEET Contract No. 3837A ELECTRICAL $0.00 16010 General Provisions For Electrical Work 16110 Raceways 16120 Wire and Cable 16130 Boxes 16131 Underground Pull Boxes and Manholes 16140 Wiring Devices 16163 Distribution Switchboards 16164 Panelboards 16170 Safety Switches 16180 Overcurrent Protection 16420 Service Entrance Switchboards 16450 Grounding 16451 Telcom Grounding 16460 Dry Type Transformers 16500 Lighting Fixtures & Lamps 16510 Lighting Control System 16610 Transient Voltage Surge Suppression System (TVSS) 16612 Emergengy Generator - Diesel 16614 Weatherproof Sound Attenuating Enclosure 16721 Fire Alarm System 16750 Data Communication Cabling System - Ref. City Standards DIVISION 17 Life Safety System $0.00 17720 Life Safety System 17740 Closed Circuit Television System ALLOWANCE IN ALLOWANCE 17760 Securitv System ALLOWANCE IN ALLOWANCE 17771 Public Address Music and Intercom System ALLOWANCE IN ALLOWANCE SUB TOTAL $2,580,000.00 General Requirements Design/Builder Defined Allowances Design/Builder Defined Non-voluntary Alternatives Desiqn/Builder Controlled Contingency General Conditions Supplementary Conditions Overhead Profit Insurance Builder's Risk Insurance Bond Total Project Cost (should be the same number as presented in the Price Proposal box within Section 4.0 of the Price Proposal Form) $2,580,000.00 CITY OF Alga Norte Community Park Contract No. 3837A ^ CARLSBAD C A L f }- O R N I A DESIGN PROFESSIONAL RATE SCHEDULE FOR ADDITIONAL SERVICES DISCIPLINE Hourly Rate 40 Hours Total Value Architectural Principal Architect 40 $0.00 Senior Architect 40 $0.00 Architect 40 $0.00 Junior Architect 40 $0.00 CAD Operator 40 $0.00 Draftsmen 40 $0.00 Mechanical Principal Engineer 40 $0.00 Senior Engineer 40 $0.00 Engineer 40 $0.00 Junior Engineer 40 $0.00 CAD Operator 40 $0.00 Plumbing Principal Engineer 40 $0.00 Senior Engineer 40 $0.00 Engineer 40 $0.00 Junior Engineer 40 $0.00 CAD Operator 40 $0.00 Electrical Principal Engineer 40 $0.00 Senior Engineer 40 $0.00 Engineer 40 $0.00 Junior Engineer 40 $0.00 CAD Operator 40 $0.00 Structural Principal Engineer 40 $0.00 Senior Engineer 40 $0.00 Engineer 40 $0.00 Junior Engineer 40 $0.00 CAD Operator 40 $0.00 Landscape Architect Principal Architect 40 $0.00 Senior Architect 40 $0.00 Architect 40 $0.00 Junior Architect 40 $0.00 CAD Operator 40 $0.00 DISCIPLINE Hourly Rate 40 Hours Totai Value Skate Park Designer Principal 40 $0.00 Architect 40 $0.00 40 $0.00 Pool Designer Principal 40 $0.00 40 $0.00 Other 40 $0.00 Total Value of Services $0.00| •^^^ A n c D A r-k ^'9^ Community Park CAKLbBAL) Contract No. 3837A C A I ! i O BID SECURITY FORM (Check to Accompany Proposal) (NOTE: The following form shall be used if check accompanies Proposal.) • Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the Total Project Cost as defmed in Section 3 of the Pricing Proposal. 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 ofthe City ifthe 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. PROPOSER Delete the inapplicable word. (NOTE: If the Proposer 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%) ofthe total amount of the bid.) 1-31-12 Page 1 of 1 Bid Security /^Anl'cDAr-* Alga Norte Community Park CAKLbDAD Contract No. 3837A BIDDER'S BOND (To accompany Proposal) KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety are held and firmly bound unto the City of Carlsbad, Califomia, 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: ALGA NORTE COMMUNITY PARK PROJECT CONTRACT NO. 3837A 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 fiill 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. Executed by PRINCIPAL this day of , 20 . PRINCIPAL: Executed by SURETY this day of , 20 . (name of Principal) By: SURETY: (sign here) (name of Surety) (print name here) (Title and Organization of Signatory) (address of Surety) By: (telephone number of Surety) (sign here) By: (print name here) (title and organization of signatory) (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) 1-31-12 Paget of 2 Bidder's Bond "^^.^ A n r CD A nv ^'9^ Community Park LAKLbbAU Contract No. 3837A (Attach corporate resolution showing current power of attomey.) (Proper notarial acknowledgment of execution by PRINCIPAL 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: RONALD R. BALL City Attorney By: Deputy City Attomey 1-31-12 Page 2 of 2 Bidder's Bond r^Ant'c-n Ar-\ Alga Norte Community Park LAKL5bAL-) contract No. 3837A PROPOSAL EVALUATION AND SCORING PROCESS 1.0 INTRODUCTION The City intends to evaluate Proposals and award a Contract solely on the basis of the infornnation provided in the Proposal without subsequent negotiation with Proposers. Therefore, the Proposer's Technical and Price Proposal should contain Proposer's best and final terms from a price and technical standpoint. The Proposal will consist of a Technical Proposal, Price Proposal and Oral Presentation, each a component of the Proposal, as described in the Request for Proposal. The City will evaluate and score the Proposal components as described below. All responsive Proposals will be evaluated to determine the one that provides the City with the "best value", as determined by the City. The Proposer that achieves the highest overall score will be selected as the apparent best value responsive and responsible Proposer. 2.0 PROPOSAL EVALUATION The City Proposal Evaluation Committee shall be comprised of selected City staff and City retained consultants, as selected by the City Representative. Each Proposal will be evaluated in accordance with the provisions of this Section as follows: .1 Responsiveness. A Proposal shall be considered responsive only if all three Proposal components, Technical Proposal, Price Proposal and Oral Presentation, are found by the City Evaluation Committee to be responsive to the requirements of the Request for Proposal Documents .2 Scoring based on Proposal. Proposals shall be scored based solely upon information provided by Proposer in the Proposal documents and as presented at the Oral Presentation. The scores from the previous pre-qualification evaluation will not be carried forward into the Proposal evaluation. .3 Technical Proposal and Oral Interview Scoring Process. Each member of the City Proposal Evaluation Committee (individually an "Evaluator") shall separately score the various components of the Technical Proposal and Oral Interview. Each Evaluator's score shall be the sum of the scoring for the individual I components of the Technical Proposal and Oral Presentation. Average scores for each separate Technical Proposal component will be determined by summing the respective Technical Proposal and Oral Interview component scores of each Committee Evaluator and dividing by the number of Evaluators scoring each component. The overall Technical Proposal and Oral Interview score will be determined by summing the averaged component scores. The following Scoring Table defines the maximum scores for each section of the various Proposal components: 1.3-1-12 Page 1 of 3 Proposal Evaluation and Scoring Process <5v *I CITV CARLSBAD Alga Norte Community Park Contract No. 3837A Component Technical Proposal Oral Presentation Price Proposal Proposal Scoring Table Description Executive Summary TAB 1 - Construction Management Plan Tab 2 ~ Key Personnel, Staffing Matrix & Schedule TAB 3 - Project Enhancements/Innovations/ Energy Efficiency Voluntary Alternatives TAB 4 - Design Changes/Substitutions - Not Voluntary TAB 5 - Clarifications. Exceptions and Exclusions Subtotal: Oral Presentation Subtotal: TAB 1 - Cover Letter TAB 2 - Total Proposal Value - per formula TAB 3 - Allowances TAB 4 - Alternatives TAB 5 - Design Professional Rate Schedule Subtotal: Total: Points Available 0 20 15 15 0 0 50 15 15 0 35 0 0 in above 35 100 Technical Proposal Scoring. The Technical Proposal will be scored based upon each evaluator's judgment regarding the Proposer's overall ability to design and build a project meeting the City's technical performance specifications, as described in the Request for Proposal and the Contract Documents, and the Design Builder's ability to prosecute construction of the Project to successful conclusion within the requirements and schedule as presented in the Request for Proposal Documents. Each Evaluator will take into consideration the Proposer's specific technical and staffing capabilities to prosecute the design and construction inclucling the Proposer's proposed Construction Management Plan, Key Personnel, Project Staffing Matrix and Schedule, proposed design changes and substitutions (both voluntary and non-voluntary), and all clarifications, exceptions and exclusions to the Request for Proposal and Contract Documents. 1-31-12 Page 2 of 3 Proposal Evaluation and Scoring Process % r-^Am CD Af^ Al9^ 'Vo'^e Community Park V_AKLDDAU Contract No. 3837A .5 Oral Presentation Scoring. Oral Presentations will be scored on how well the Proposer and the Proposer's Team describe the most important aspects of their proposals, answer questions and provide clarification requested by the City Proposal Evaluation Committee. Points may be deducted if one or more of the required Proposer participants fail to attend the Oral Presentation. .6 Total Proposal Value Scoring. First, the Price Proposal (Total Project Cost included in 4.0 of the Price Proposal Form) will be adjusted by City staff to include 30 days of compensable delays (5.0 from the Price Proposal Form) and 40 hours for each resource's hourly rate provided in the Design Professional Rate Schedule Form. This value will represent the Total Adjusted Proposal Value. A formulaic scoring of the Total Adjusted Proposal Value shall be conducted (reference example below) to determine the score for the Total Adjusted Proposal Value The City Representative will calculate the formula scoring that will be added to the Total Adjusted Proposal score for each Proposer, as follows: The Proposer with the lowest Total Adjusted Proposal Value will be awarded the maximum 25 point value. Each of the other Proposer's Total Adjusted Project Cost amounts will be scored using the following formula: Score = 35-(0.75 xP) Where P = (Proposer's Total Adjusted Proposal Value - Lowest Total Adjusted Proposal Value / Lowest Total Adjusted Proposal Value X 100 Scores will be rounded to the nearest tenth of a point A minimum score is 0, no negative scores will be used. As an example, Proposer A has a Total Adjusted Proposal Value of $32,000,000 Proposer B has a Total Adjusted Proposal Value of $34,250,000 Proposer A gets a Price Proposal (Total Proposal Value) score of 35 points Proposer B gets a Price Proposal (Total Proposal Value) score of 29.7 1-31-12 Page 3 of 3 Proposal Evaluation and Scoring Process Contract No. 3837A ALGA NORTE COMMUNITY PARK PROJECT Preliminary Schedule 2011 2012 2013 Dec Jan 1 Feb | Marctij April | May |june| July 1 Aug |ept 1 Oct | Nov | Dec Jan 1 Feb [/larch | April | May | June | July | Aug | Sept 1 Oct 1 Nov Design/Builder Selection Process Design Updates Phases2&3 Design Updates & Construction Occupancy Sept 2013 1-31-12 /^ A ni cD Ar\ Alga Norte Community Park LAKLbDAU Contract No. 3837A 2.0 DESIGN BUILD CONTRACT A D l"c R A n ^^9^ Norte Community Park Contract No. 3837A AGREEMENT THIS AGREEMENT is made as of the { } day of { }, 2012, between The City of Carlsbad, a municipal corporation, hereinafter the "City", and hereinafter the "Design Builder", whose principal place of business is The City and Design Builder hereby agree as follows: ARTICLE 1 WORK Design Builder shall provide all work required by the Contract Documents, hereinafter the "Work". Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to Article 7 of the General Conditions. The Work will be performed in Phases identified as follows: Phase 1 - NOT USED Phase 2 - Construction Documents Phase 3 - Construction ARTICLE 2 OPTIONS The City may exercise its option for performance of the Work under Phases 2 and 3 by providing a written Notice to Proceed to the Design Builder for performance under either or both of the Phases. The Option for Phase 3 may be exercised not later than 30 days after the expiration of Phase 2 Time or the acceptance by the City of the Construction Documents under Phase 2, whichever is later. If Design Builder has complied with all other terms of the Contract and the City fails to exercise its Option for Phase 3 by such calculated date, the Design Builder agrees that a time extension will be its sole and complete remedy for any damage or loss incurred as a result of the delay in exercising said Option for Phase 3. The City's "OPTIONS" rights under this Article 2 are independent of the "Termination for Convenience" rights as set forth in Article 13, section 13.4 of the General Conditions. The City retains the right to terminate this Contract for convenience at any time in accordance with Article 13 of the General Conditions. Febaiary 15, 2011 Agreement 1 of 8 <Jtr»» CITYOF ^^^f PARI CRAn Alga Norte Community Park ^ CA M N'T; Contract No. 3837A ARTICLE 3 CONTRACT DOCUMENTS "Contract Documents" means the Advertisement For Design Builder Prequalification, Request for Proposals, Technical and Price Proposals, Price Proposal Form, Proposal Evaluation Process, Project Directory, Preliminary Schedule, Bid Bond, Design Builder's Proposal, Notice of Selection As Apparent Best Value Proposal, this Agreement, General Conditions, Supplementary Conditions, CAD and BIM Standards, City Standards and Design Criteria, Scope of Work, General Requirements (Division 01), Specifications (Divisions 02-33), Design Professional Rate Schedule for Additional Services, City Furnished Information, Standard Contract Forms (Exhibits), List of Drawings, Project Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between the City and Design Builder for the Work, hereinafter the "Contract". The Contract constitutes the complete agreement between the City and Design Builder and supersedes any previous agreements or understandings. ARTICLE 4 CONTRACT SUM Subject to the provisions of the Contract Documents the City shall pay to Design Builder, for the performance of the Work, ${AMOUNT IN FIGURES}, the "Contract Sum" (See 1.1.21 of the General Conditions), for Phases 2 and 3 ofthe Work. ARTICLES CONTRACT TIME The time allowed for the completion of Phase 1 shall be as follows: Phase 1 - NOT USED The time allowed for the completion of Phase 2 shall be as follows: Phase 2 - Design Builder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work within 60 days, the "Phase 2 Time." The time allowed for the completion of Phase 3 shall be as follows: Phase 3 - The Design Builder shall commence the Work for Phase 3 on the date specified in the Construction Notice to Proceed for Phase 3 and fully complete the Work for Phase 3 within 405 days, the "Phase 3 Time." If the City exercises its Option for Phase 3, the Phase 3 Time will be added to the Contract Time for completion of Phase 2, plus any days between the completion of Phase 2 and the exercise of the Option for Phase 3 to establish a revised Contract Time for completion of all Phases. In the event that the Option for Phase 3 is exercised prior to the completion of Phase 2, the revised Contract Time will be the combined number of days of Phase 2 and Phase 3. By signing this agreement. Design Builder agrees that i) the Phase 2 Time, and Phase 3 Time are reasonable for completion of the Work of the respective Phase; ii) the Contract Time (as defined above) is reasonable for completion of the Work of all the Phases; and iii) Design Builder will complete the Work within the Contract Time. February 15, 2011 Agreement 2 of 8 C AQ\ *\R£iPi ^^9^ Norte Community Park o^. Contract No. 3837A ARTICLE 6 LIQUIDATED DAMAGES If Design Builder fails to complete the Work for Phase 2 within the Contract Time and the City has not exercised its option for Phase 3, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the amount indicated below as "Liquidated damages daily rate for Phase 2" for each day after expiration of Contract Time that Work for Phase 2 remains incomplete. If the City has exercised its option for Phase 3 and Design Builder fails to complete the Work for Phase 3 within the Contract Time, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as "Liquidated damage daily rate for Phase 3" for each day after the expiration of the Contract Time that the Work remains incomplete. The City and Design Builder agree that if the Work is not completed within the Contract Time, the City's damages would be extremely difficult or impracticable to determine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. The City may deduct any liquidated damages due from Design Builder from any amounts othenwise due to Design Builder under the Contract Documents. This provision shall not limit any right or remedy of the City in the event of any other default of Design Builder other than failing to complete the Work within the Contract Time. Liquidated damages daily rate for Phase 2 - $ 500.00 Liquidated damages daily rate for Phase 3 - $ 500.00 ARTICLE 7 COMPENSABLE DELAY If Design Builder is entitled to an increase in the Contract Sum as a result of a Compensable Delay, determined pursuant to Articles 7 and 8 of the General Conditions, the Contract Sum will be increased by the sum indicated below per day for each day for which such compensation is payable. This Article 7 will apply only if the City exercises its Option for the applicable Phase and only to the extent that Design Builder fulfills requisites proving entitlement to Compensable Delay. Compensable delay daily rate for Phase 3 - $ {AMOUNT IN FIGURES} ARTICLES ASSIGNMENT If this Agreement is terminated prior to the exercise of the City's Option for Phase 3, the Design Builder shall execute an assignment to the City of all contracts with Design Professionals for work to be performed on Phase 2. ARTICLE 9 DUE AUTHORIZATION The person or persons signing this Agreement on behalf of Design Builder hereby represent and warrant to the City that this Agreement is duly authorized, signed, and delivered by Design Builder. ARTICLE 10 DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to the City: Febmary 15, 2011 Agreement 3 of 8 V" A I? 1° C R A n ^^9^ Norte Community Park <^AKL5DAU Contract No. 3837A 10.1 Design Builder and all of its Design Professionals and subcontractors are properly certificated, licensed and qualified to perform the Work required by the Contract Documents. 10.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with the City. 10.3 Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Construction Work. 10.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by the City in the Contract Documents. 10.5 Design Builder and its Design Professionals have carefully reviewed the following Contract Documents to the Design Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, and all other project requirements); (2) the Specifications; and (3) Drawings. Design Builder acknowledges that these Contract Documents establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion. Design Builder agrees that (1) the Contract Documents depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular or specific part of the Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum. 10.6 Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by the City. Design Builder also agrees that time is of the essence for the performance of the Work. 10.7 Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate. Febmary 15, 2011 Agreement 4 of 8 A R ? C R A n ^^9^ Norte Community Park <^MKL:iDMU Contract No. 3837A 10.8 Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings. 10.9 Design Builder agrees that the Work will be of good quality, free of defects and will conform to the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the City in advance, may be considered defective. 10.10 Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents, not specifically described in the Non Voluntary Changes and Substitutions Section of the Technical Proposal, at no additional cost to the City; however, this provision in no way limits the liability of Design Builder. 10.11 A. The Design Builder acknowledges that the City furnished plans and specifications for the Project: .1 Were substantially completed in 2008 by design professionals, retained by the City to prepare such plans and specifications, hereinafter referred to as the "2008 Project Plans and Specifications"; and, .2 Are being supplied to the Design Builder for the primary purpose of conveying the City's design intent for the Project; and, .3 Were submitted to the City in support of the City Building Permits for the Project; and, .4 Include the preparation of any and all supporting design calculations, design reports and other design documentation necessary for the complete and proper preparation of the 2008 Project Plans and Specifications; and, .5 Will substantially be used to form the basis of the final plans and specifications for the Project, hereinafter, the "2012 Project Plans and Specifications"; and, .6 Are allowed to be modified by the Design Builder and/or the Design Builders' Design Professional Subcontractors, without penalty in the selection process, if necessary to satisfy life and safety requirements. B. Design Builder agrees that Design Builder and Design Builder's Design Professional Subcontractors, shall: .1 Perform a review and analysis of the 2008 Project Plans and Specifications, to the level and detail necessary, to determine whether, in the judgment of the Design Builder and the Design Builder's Design Professional Subcontractors, the design work that will be carried over into the 2012 Project Plans and Specifications meets the standards of professional care necessary to fulfill State of California Business and Professions Code requirements; and, .2 Complete the 2012 Project Plans and Specifications as required pursuant to the Contract Documents; and, .3 Assume responsible charge of work and/or responsible control over work content for the 2012 Project Plans and Specification, as such terms may be generally defined in Sections 5535.1 and 6703 of the State of California Business and Professions Code, including all design work that is incorporated into the 2012 Project Plans and Specification from the 2008 Project Plans and Specifications,; and, Febmary 15, 2011 Agreement 5 of 8 ^ r'ADl'cRAn ^^^9^ Norte Community Park Contract No. 3837A .4 Place their signature and seal over the completed 2012 Project Plans and Specifications as required pursuant to State requirements for each respective professional function or discipline; and, .5 Prepare, sign, seal and submit new calculations, and other required design documentation, as necessary, to replace the current calculations and design documentation on file with the City Building Department which support the existing City Building Permits for the Project; and, .6 Agree to assume all normal design liability for potential errors and omissions regarding the preparation of the entire 2012 Project Plans and Specifications. 10.12 Design Builder understands that the City has permits with State Agencies that regulate the pollution of Stormwater within the City limits (SWPPP). The design Builder also understands that new construction has special considerations and requirements that must be adhered to. Any action by the design Builder that would violate any rules and regulations regarding stormwater pollution on this construction site shall cause the Design Builder to be responsible for all fee, levies, penalties, etc. that may be levied on the City by these agencies. 10.13 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 10.14 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 othenwise, 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. Febmary 15,2011 Agreement 6 of 8 A R1° <i R A n ^^9^ Norte Community Park Contract No. 3837A ARTICLE 11 CLAIMS AND LAWSUITS All claims by Design Builder for shall be resolved in accordance with the provisions Article 4 of the General Provisions. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Design Builder 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. Design Builder acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Design Builder may be subject to criminal prosecution. (C) Government Code. Design Builder 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 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. Design Builder hereby acknowledges that the filing of a false claim may subject the Design Builder to an administrative debarment proceeding wherein the Design Builder 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. Design Builder hereby acknowledges that debarment by another jurisdiction is grounds for the City to disqualify the Design Builder from participating in future contract bidding. I have read and understand all provisions of Article 11 above. init init Febmary 15, 2011 Agreement 7 of 8 <jj|^ CITYOF CARLSBAD Alga Norte Community Park Contract No. 3837A THIS AGREEMENT is entered into by City and Design Builder as of the date set forth above. CITY: DESIGN BUILDER: THE CITY OF CARLSBAD (Name of Firm) By:. (Signature) By: (Type of Organization) (Signature) (Printed Name) (Printed Name and Title) MAYOR By:. (Signature) ATTEST LORRAINE M. WOOD - CITY CLERK (Printed Name and Title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attacti a resolution certified by the secretary or assistant secretary under the corporation seal empowering that officer to bind the corporation. Design Builder's California Contractor License(s): (Name of Licensee) APPROVED AS TO FORM: Ronald R. Ball City Attorney By Deputy City Attorney (Classification and License Number) (Expiration Date) Attach Notary acknowledgement for all signatures of Design Builder. If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized Power of Attorney or Corporate Resolution. Febmaty 15, 2011 Agreement 8 of 8 n ADi QnAr^ Alga Norte Community Park ^ ^ . Contract No. 3837A GENERAL CONDITIONS TABLE OF CONTENTS Page RECITALS 4 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 4 1.2 Ownership and Use of Contract Documents 8 1.3 Interpretation 8 ARTICLE 2 CITY 2.1 Fee and Permit Requirements 9 2.2 Access to Project Site 9 2.3 City's Right to Stop the Work 10 2.4 City's Right to Carry Out the Work 10 2.5 City's Right to Replace City's Representative 10 ARTICLE 3 DESIGN BUILDER 3.1 Review of Contract Documents and Field Conditions by Design Build Entity; Single Point Responsibility of Design Builder 10 3.2 Supervision and Construction Procedures 11 3.3 Labor and Materials 11 3.4 Design Builder's Warranty 12 3.5 Taxes 12 3.6 Permits, Fees, and Notices 12 3.7 Applicable Code Requirements 12 3.8 Superintendent 13 3.9 Toxic Materials 13 3.10 Hazardous Materials 13 3.11 Construction Documents 14 3.12 Monthly Reports 15 3.13 Other Reports 15 3.14 Notice of Labor Dispute 16 3.15 Guarantee 16 3.16 Schedules Required of Design Build Entity 16 3.17 As-Bui It Documents 18 3.18 Documents and Samples at Project Site 18 3.19 Shop Drawings, Product Data, and Samples 18 3.20 Use of Site and Clean Up 19 2.21 Project Site Maintenance 19 3.22 Cutting, Fitting, and Patching 20 3.23 Access to Work 21 3.24 Royalties and Patents 21 3.25 Differing Site Conditions 21 3.26 Concealed, Unforeseen, or Unknown Conditions or Events 22 3.27 Information Available to Proposers 22 3.28 Liability for and Repair of Damaged Work 22 1.31-12 Paget of 58 General Conditions A D1° C R A n ^^9^ Norte Community Park ^ Contract No. 3837A 3.29 Indemnification 23 3.30 Street Closures and Barricades 24 3.31 Allowances/Contractor Controlled Contingency 25 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Administration of the Contract by City's Representative 25 4.2 Design Builder Change Order Requests 26 4.3 Claims 28 4.4 Assertion of Claims 29 4.5 Decision of City's Representative on Claims 30 4.6 Mediation (Not Used) 30 4.7 Arbitration 30 4.8 Waiver 30 ARTICLE 5 SUBCONTRACTORS 5.1 Award of Subcontracts and Other Contracts for Portions of the Work 31 5.2 Subcontractual Relations 31 5.3 Contingent Assignment of Subcontracts 32 ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 City's Right to Perform Construction and to Award Separate Contracts 32 6.2 Mutual Responsibility 32 6.3 City's Right to Clean Up 33 ARTICLE 7 CHANGES IN THE WORK 7.1 Changes 33 7.2 Changes Definitions 33 7.3 Change Order Procedures 33 7.4 Field Orders 37 7.5 Variation In Quantity of Unit Price Work 37 7.6 Waiver 37 ARTICLE 8 CONTRACT TIME 8.1 Commencement of the Work 38 8.2 Progress and Completion 38 8.3 Delay 38 8.4 Adjustment of the Contract Time for Delay 39 8.5 Compensation for Delay 40 8.6 Waiver 40 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Cost Breakdown 40 9.2 Progress Payment 41 9.3 Application For Payment 41 9.4 Certificate For Payment 42 9.5 Deposit of Securities in Lieu of Retention and Deposit of Retention into Escrow 43 9.6 Beneficial Occupancy 43 9.7 Substantial Completion 44 9.8 Final Completion, Final Payment and Release of Retention 45 1-31-12 Page 2 of 58 General Conditions /-ADTcDAr* Alga Norte Community Park ^AKLbbAL; Contract No. 3837A ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 46 10.2 Safety of Persons and Property 46 10.3 Emergencies 46 ARTICLE 11 INSURANCE AND BONDS 11.1 Design Builder's Insurance 46 11.2 Builder's Risk Property Insurance 49 11.3 Performance Bond and Payment Bond 50 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 50 12.2 Correction of Defective Work and Guarantee to Repair Period 50 ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 Termination by Design Builder 51 13.2 Termination by the City for Cause 52 13.3 Suspension by the City for Convenience 53 13.4 Termination by the City for Convenience 53 ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 Nondiscrimination 54 14.2 Prevailing Wage Rates (Not Used) 56 14.3 Payroll Records (Not Used) 56 14.4 Apprentices (Not Used) 56 14.5 Construction Work Day 56 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Governing Law 56 15.2 Successors and Assigns 57 15.3 Rights and Remedies 57 15.4 Survival 57 15.5 Complete Agreement 57 15.6 Severability of Provisions 57 15.7 City's Right to Audit 57 15.8 Notices 57 15.9 Time of the Essence 58 15.10 Mutual Duty to Mitigate 58 15.11 Design Builder's Awareness and Compliance with ADA Act of 1990 and Related Standards 58 1.31.12 Page 3 of 58 General Conditions ^•^^ A R1^ QR A n ^^9^ Norte Community Park oV^ . Contract No. 3837A RECITALS The documents included In the Request for Proposals and the Design Build Entity's Proposal, Incorporated herein, and designated as part of the Contract Documents are provided by the City to establish the scope, level of quality and design Intent, and the reporting procedures for the development and construction of the entire Project. The Design Build Entity shall comply with the Contract Sum, the Contract Time, the Preliminary Schedule or approved Contract Schedule as applicable, the , the specifications, the building massing, building heights and setbacks, public spaces, landscape design, and the general architectural character of the building, pools, skate park and other features described in the Contract Documents. By Incorporating the Design Build Entity's Proposal as a part of this Contract, the City does NOT accept any provision of the Design Build Entity's Proposal that is not In conformance with the criteria of the Request for Proposals. In consideration of the mutual agreements, covenants and conditions set forth below, and the Recitals set forth above, the adequacy of which Is hereby acknowledged, Design Build Entity and the City agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.0 AGREEMENT The Agreement is supported by the General Conditions and is part of the Contract Documents. 1.1.1 APPLICABLE CODE REQUIREMENTS The term "Applicable Code Requirements" means all laws, statutes, the most recent building codes (as they were applied to secure a Building Permit from the City of Carlsbad), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work. 1.1.2 APPLICATION FOR PAYMENT The term "Application for Payment" means the submittal from Design Build Entity wherein payment for certain portions of the completed Work Is requested In accordance with Article 9 of the General Conditions. 1.1.3 ARCHITECT OF RECORD The term "Architect of Record" means the Design Professional identified in the Supplementary Conditions that Is licensed In the State of California and employed or commissioned by the Design Build Entity to prepare design documents and construction documents. 1.1.4 BENEFICIAL OCCUPANCY The term "Beneficial Occupancy" means the City's occupancy or use of any part of the Work in accordance with Article 9 of the General Conditions. 1.1.5 CEQA The term "CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000 et seq. 1.1.6 CERTIFICATE FOR PAYMENT The term "Certificate for Payment" means the form signed by City's Representative attesting to the Design Build Entity's right to receive payment for certain completed portions of the Work In accordance with Article 9 of the General Conditions. 1.1.7 CERTIFICATE OF SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 1.1.8 CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.9 CHANGE ORDER REQUEST The term "Change Order Request" means a proposal for a Change Order submitted by the Design Build Entity to the City, either at the request of the City, or at the Design Build Entity's own initiative. 1.1.10 CLAIM See Article 4.3 of the General Conditions. 1-31-12 Page 4 of 58 General Conditions ^4 /Ani°CDAr> Alga Norte Community Park CAKL^bAL; Contract No. 3837A 1.1.11 COMPENSABLE DELAY The term "Compensable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Sum and an adjustment of the Contract Time pursuant to Articles 7 and 8 of the General Conditions. 1.1.12 CONSTRUCTION DOCUMENTS The term "Construction Documents" means the plans and specifications prepared by the Design Build Entity (see Article 1.1.27) for the Project, approved by the City. The Construction Documents shall set forth In detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifications to the Plans and Specifications must be approved by the City in writing. 1.1.13 CONSTRUCTION DOCUMENTS PHASE (Phase 2) The term "Construction Documents Phase" means the period of time set forth in the Agreement beginning with the Issuance of the Construction Documents Notice to Proceed. This Is also referred to within the Contract Documents as "Phase 2" and the two terms may be used interchangeably. The scope of the Construction Documents Phase is further defined In the "Scope of Work". The term "Phase 2 Time" Is defined In Article 5 of the Agreement. 1.1.14 CONSTRUCTION NOTICE TO PROCEED The term "Construction Notice to Proceed" means the written notice given by the City to the Design Build Entity advising that the Site Is available to the Design Build Entity and directing the Design Build Entity to commence the Constmction Phase of the Project. 1.1.15 CONSTRUCTION PHASE (Phase 3) The term "Construction Phase" means the period of time set forth In the Agreement beginning with the Issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project. This term Is also referred to within the Contract Documents as "Phase 3" and the two terms may be used Interchangeably. The scope of the Construction Phase is further defined in the "Scope of Work". The term "Phase 3 Time" Is defined In Article 5 of the Agreement. 1.1.16 CONSTRUCTION WORK The term "Construction Work" means that portion of the Work consisting of the provision of labor, materials, furnishings, equipment and services in connection with the construction of the Project as set forth In the Contract Documents. 1.1.17 CONTRACT The term "Contract" shall have the meaning Identified In Article 3 of the Agreement. 1.1.18 CONTRACT DOCUMENTS The term "Contract Documents" means all documents listed In Article 3 of the Agreement. 1.1.19 CONTRACT MILESTONE The term "Contract Milestone" means any requirement in the Contract Documents that reflects a planned point in time for the start or completion of a portion of the Work measured from I) the date of any of the Notices to Proceed or ii) the date of another Contract Milestone defined in the Contract Documents, as applicable. 1.1.20 CONTRACT SCHEDULE The term "Contract Schedule" means the graphical representation of a practical plan, In accordance with the Specifications, to perform and complete the Work within the Contract Time. The detailed requirements for the Contract Schedule are stated In Article 3 of the General Conditions. 1.1.21 CONTRACT SUM The term "Contract Sum" means the amount of compensation stated in the Agreement for the performance of the Work, as adjusted by Change Order. 1.1.22 CONTRACT TIME The term "Contract Time" means the number of days set forth In the Agreement within which Design Build Entity must achieve Final Completion of the Work, as adjusted by Change Order. 1.1.23 COST OF EXTRA WORK See Article 7.3 of the General Conditions. 1.31-12 Page 5 of 58 General Conditions A b 1° Q R A n ^^9^ Norte Community Park Contract No. 3837A 1.1.24 CRITERIA DOCUMENTS The term "Criteria Documents" means, but Is not limited to, the portions of the Contract Documents which constitute an outline of design requirements, Scope of Work, Specifications and Drawings. 1.1.25 DAY The term "day," as used In the Contract Documents, shall mean calendar day, unless otherwise specifically provided. 1.1.26 DEFECTIVE WORK The term "Defective Work" means Work that Is unsatisfactory, faulty, omitted. Incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of City's Representative, or the requirements of any Inspection, reference standard, test, or approval specified In the Contract Documents. 1.1.27 DESIGN BUILDER The term "Design Build Entity" means the person or firm identified as such In the Agreement and is referred to throughout the Contract Documents as if singular in number. Design Builder and Design Build Entity are used interchangeably. 1.1.28 DESIGN BUILDER FEE See Article 7.3 of the General Conditions. 1.1.29 DESIGN DEVELOPMENT PHASE - NOT USED The term "Design Development Phase" shall mean the period of time set forth In the Agreement beginning with the issuance of the Notice to Proceed for Phase 1. This Is also referred to within the Contract Documents as "Phase 1" and the two terms may be used Interchangeably. The scope of the Design Development Phase is further defined In the "Scope of Work" Exhibit. The term "Phase 1 Time" Is defined In Article 5 of the Agreement. 1.1.29.1 DESIGN BUILD ENTITY See Article 1.1.27 1.1.30 DESIGN MATERIALS The term "Design Materials" shall mean any and all documents, shop drawings, electronic information, Including computer programs and computer generated materials, data, plans, drawings, sketches. Illustrations, specifications, descriptions, models and other Information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design Build Entity: (1) to the City under the Contract Documents; or (2) developed or prepared by or for the Design Build Entity specifically to discharge its duties under the Contract Documents. 1.1.31 DESIGN PROFESSIONAL The term "Design Professional" shall mean Individuals or entities that will provide Design Build Entity with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction. 1.1.32 DESIGN WORK The term "Design Work" shall mean the portion of the Work consisting of the design services and design deliverables required to be provided In connection with the design of the Project as set forth in the Contract Documents. 1.1.33 DRAWINGS The term "Drawings" means the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally Including plans, elevations, sections, details, schedules, and diagrams. The Drawings are listed In the List of Drawings. 1.1.34 EQUIPMENT MANUFACTURER The term "Equipment Manufacturer" shall mean any Separate Contractor that fabricates and/or supplies any City-provided equipment which Is installed In the Project by the Design Build Entity. 1.1.35 EXCUSABLE DELAY The term "Excusable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Time but not an adjustment of the Contract Sum, pursuant to Articles 7 and 8 of the General Conditions. 1.1.36 EXTRA WORK The term "Extra Work" means Work beyond or in addition to the Work required by the Contract Documents. 1-31-12 Page 6 of 58 General Conditions ^4 A'ADicoAr^ Alga Norte Community Park " V^AKL^DAU Contract No. 3837A 1.1.37 FIELD ORDER See Article 7.4 of the General Conditions. 1.1.38 FINAL COMPLETION The term "Final Completion" means the date at which the Work has been fully completed in accordance with the requirements of the Contract Documents pursuant to Article 9.8 of the General Conditions. 1.1.39 GUARANTEE TO REPAIR PERIOD See Article 12.2 of the General Conditions. 1.1.40 GOVERNMENTAL APPROVALS The term "Governmental Approvals" means those governmental (including the City) actions required to be obtained by the City and necessary for the completion of the Project. 1.1.41 HAZARDOUS MATERIAL The term "Hazardous Material" means any substance or material identified as hazardous under any California or federal statute governing handling, disposal and/or cleanup of any such substance or material. 1.1.42 INDEMNIFIED PARTIES The term "Indemnified Parties" means the City, Its agents, officers, representatives, consultants, volunteers and employees. 1.1.41.1 LETTER OF DESIGN REVIEW See Article 3.1.16 In the Scope of Work 1.1.41.2 NOTICE TO PROCEED See Article 1.1.13 and 1.1.14 1.1.43 TOTAL PROJECT COST The term "Total Project Cost" means the amount Identified as such in the Request for Proposals. 1.1.44 OPTIONS See Article 2 of the Agreement. 1.1.44.1 PHASES See Articles 2 and 5 of the Agreement 1.1.45 PROJECT The term "Project" means the total design and construction of the Work under the Contract and all other work, labor, equipment, and materials necessary to accomplish the Project . The Project may include design or construction work performed by City or by Separate Contractors. 1.1.46 SEPARATE CONTRACTOR The term "Separate Contractor" means a person, or firm, under separate contract with the City performing other work related to the Project. 1.1.47 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES See Article 3.19 of the General Conditions. 1.1.48 SPECIFICATIONS The term "Specifications" means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related sen/ices. 1.1.49 SUBCONTRACTOR The term "Subcontractor" means a person or firm that has a contract with Design Build Entity or with a Subcontractor of the Design Build Entity to perform a portion of the Work. Unless othenwise specifically provided, the term Subcontractor Includes Subcontractors of all tiers. 1.1.50 SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 1-31.12 Page 7 of 58 General Conditions 4 r~ A D l' C R A n ^^9^ Norte Community Park " 7 Contraot No. 3837A 1.1.51 SUPERINTENDENT The term "Superintendent' means the person designated by Design Build Entity to represent Design Build Entity at the Project site, in accordance with Article 3 of the General Conditions. 1.1.52 TIER The term "tier" means the contractual level of a Subcontractor or supplier or consultant with respect to Design Build Entity. For example, a first-tier Subcontractor is under subcontract with Design Build Entity, a second-tier Subcontractor Is under subcontract with a first-tier Subcontractor, and so forth. 1.1.53 INEXCUSABLE DELAY The term "Inexcusable Delay" means a delay that does not entitle the Design Build Entity to an adjustment of the Contract Sum and does not entitle the Design Build Entity to an adjustment of the Contract Time. 1.1.54 UNILATERAL CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.55 CITY The term "City" or "the City" means. City of Carisbad, the Owner of the Project. 1.1.56 CITY'S REPRESENTATIVE The term "City's Representative" means the person or firm Identified as such In the Agreement. 1.1.57 CITY'S RESPONSIBLE ADMINISTRATOR The term "City's Responsible Administrator" means the person, or his or her authorized designee, who is authorized to execute Change Orders, Field Orders, and other applicable Contract Documents on behalf of the City. 1.1.58 WORK The term "Work" means all labor, materials, equipment, tools, and services, including Design Professional services, and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Design Build Entity to fulfill Design Build Entity's obligations . The Work may constitute the whole or a part of the Project. 1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 1.2.1. The Contract Documents, and all copies thereof, furnished to, or provided by, Design Build Entity are the property of the City. The City and Design Build Entity explicitly agree that all materials, electronic files/models, and documents developed In the performance of this Contract are the property of the City. The City shall have the right to use all drawings, designs, specifications, notes and any other documentation and other work developed In the performance of this Contract for the Project, or in connection with the Project, Including without limitation future additions, alterations, connections, repairs. Information, reference, use or occupancy and the right to re-use details of the design on any other City work, all without the Design Build Entity's consent and at no additional cost to the City. 1.2.2 The City will defend, Indemnify and save harmless Design Build Entity Professional, Its officers, agents and employees from any costs or claims for damages arising from City's use on other projects of the Contract Documents, the Drawings and Specifications, or the designs depicted In them, if any of the foregoing have been provided to the City by the Design Build Entity. 1.2.3 Notwithstanding Article 1.2.2 above, the City will not defend. Indemnify or save harmless Design Build Entity Professional, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that City's use of the Contract Documents, the Drawings and Specifications, or the designs depicted In them Is contrary to or In violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use. 1.3 INTERPRETATION 1.3.1 The intent of the Contract Documents is to Include all necessary criteria to establish the scope and quality for completion of the Work by the Design Build Entity. The Contract Documents are complementary and what Is required by one shall be as binding as If required by all. Performance by the Design Build Entity shall be required to the extent consistent with, and reasonably Inferable from, the Contract Documents. 1-31-12 Page 8 Of 58 General Conditions r'ADl'cRAr^ ^^9^ Norte Community Park V,AKL5bAL> Contract No. 3837A 1.3.2 In the case of conflict between terms of the Contract Documents, the following order of precedence shall apply: .1 The Agreement and Change Orders shall control over the Supplementary Conditions. .2 The Supplementary Conditions shall control over the General Conditions. .3 The General Conditions shall control over the Specifications. .4 The Specifications shall control over the Drawings. .5 The Drawing Details over the Drawings. .6 Where no order of precedence Is stated, the more expensive of the requirements shown or specified shall be controlling. .7 With respect to the Contract Documents, Addenda shall govern over other portions of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specifically noted. 1.3.3 The City and Design Build Entity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the Proposal Documents upon which the Design Build Entity based Its response(s) to the Request for Proposals. The City and Design Build Entity explicitly agree that documents having the higher quality requirements control over any conflicting requirements of other documents. 1.3.4 Organization of the Specifications Into various subdivisions and the arrangement of the Drawings shall not control Design Build Entity in dividing the Work among Subcontractors or In establishing the extent of work to be performed by any trade. 1.3.5 Unless othenwise stated In the Contract Documents, technical words and abbreviations contained in the Contract Documents are used In accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings. 1.3.6 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears In another Is not Intended to affect the Interpretation of either statement. The use of the word "Including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar Items or matters, whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) Is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3.7 Whenever the context so requires, the use of the singular number shall be deemed to Include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall Include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are Intended only for reference and convenience and In no way define, limit, or prescribe the scope or Intent of the Contract Documents or any subdivision thereof. ARTICLE 2 CITY 2.1 FEE AND PERMIT REQUIREMENTS 2.1.1 Except as otherwise provided in the Contract Documents, the City will obtain and pay for any utility permits, demolition permits, easements, health department and government approvals for the use or occupancy of permanent structures required In connection with the Work. 2.1.2 Design Build Entity will be furnished, free of charge, such copies of the Contract Documents as the City deems reasonably necessary for execution of the Work. 2.2 ACCESS TO PROJECT SITE 1-31-12 Page 9 of 58 General Conditions ^'^r; /^ADI^ CRAr> ^^9^ Norte Community Park " Contraot No. 3837A 2.2.1 The City will provide, as reasonably required by the Woric, but in no event later than the date designated in the Construction Notice to Proceed, access to the lands and facilities upon which the construction Work Is to be performed. Including such access to other lands and facilities designated In the Contract Documents for use by Design Build Entity. 2.3 CITY'S RIGHT TO STOP THE WORK 2.3.1 If Design Build Entity falls to correct Defective Work as required by Article 12.2 of the General Conditions or fails to perform the Work In accordance with the Contract Documents, The City or City's Representative may direct Design Build Entity to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Design Build Entity. Design Build Entity shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order, the City and City's Representative have no duty or responsibility to Design Build Entity or any other party to exercise the right to stop the Work. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If Design Build Entity falls to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to either the design or construction phases, to maintain the Contract Schedule, or othenwise falls to comply with any material term of the Contract Documents, and, after receipt of written notice from the City, falls within 2 days, excluding Saturdays, Sundays and legal holidays, or within such additional time as the City may specify, to correct such failure, the City may, without prejudice to other remedies the City may have, correct such failure at Design Build Entity's expense. In such case, the City will be entitled to deduct from payments then or thereafter due Design Build Entity the cost of correcting such failure. Including without limitation compensation for the additional services and expenses of the City's consultants made necessary thereby. If payments then or thereafter due Design Build Entity are not sufficient to cover such amounts. Design Build Entity shall pay the additional amount to the City. 2.5 CITY'S RIGHT TO REPLACE CITY'S REPRESENTATIVE 2.5.1 The City may at any time and from time to time, without prior notice to or approval of Design Build Entity, replace the City's Representative with a new City's Representative. Upon receipt of notice from the City informing Design Build Entity of such replacement and identifying the new City's Representative, Design Build Entity shall recognize such person or firm as City's Representative for all purposes under the Contract Documents. ARTICLE 3 DESIGN BUILDER 3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN BUILDER; SINGLE POINT RESPONSIBILITY OF DESIGN BUILDER 3.1.1 The City has carefully reviewed the qualifications of the Design Builder and has concluded that the Design Builder has the necessary significant experience to perform the required Work. The Design Builder has demonstrated that they possess the necessary experience and skilled resources to perform the Work. As such, the city asserts that this allows for a level of competence and care In the Implementation of the Work than would be allowed for a lesser qualified Design Builder. 3.1.2 In addition to the examination and reviews performed, and obligations assumed, Incidental to making the representations set forth in Article 10 of the Agreement, Design Build Entity shall carefully study and compare each of the Contract Documents with the others and with Information furnished by the City, and shall promptly report in writing to City's Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with Applicable Code Requirements observed by Design Build Entity. 3.1.3 Design Build Entity is responsible for the design and construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including Its contracting mode). The Design Build Entity shall be solely responsible for any and all design errors including, but without limitation, errors, Inconsistencies or omissions in the Construction Documents. Design Build Entity shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other Information known to Design Build Entity before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City's Representative. 1-31-12 Page 10 of 58 General Conditions r^ADI^CRAR ^^9^ Norte Community Park L.AKL3bAU Contract No. 3837A 3.1.4 If Design Build Entity performs any design and/or construction activity which It knows, or should know, involves an error. Inconsistency, or omission referred to in Articles 3.1.2 and 3.1.3 above, without notifying and obtaining the written consent of the City's Representative, Design Build Entity shall be responsible for the resultant losses. Including, without limitation, the costs of correcting Defective Work. 3.1.5 The City does not assume any obligation to employ the Design Build Entity's services or pay Design Build Entity royalties of any type as to future programs that may result from the Work performed under this Contract. 3.1.6 Design Build Entity shall be responsible for all plotting, printing, copying and distribution cost of any and all documents required In connection with the Work. 3.1.7 Design Build Entity agrees that it has single point responsibility for the design and construction of this Project. 3.2 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 Design Build Entity shall supervise, coordinate, and direct the Work using Design Build Entity's best skill and attention. Design Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, buildings, pool work, skate park work, landscape and site work, utilities, and building systems. 3.2.2 Design Build Entity shall be responsible to the City for acts and omissions of Design Build Entity's agents, employees, and Subcontractors, and their respective agents and employees. 3.2.3 Design Build Entity shall not be relieved of Its obligation to perform the Work In accordance with the Contract Documents either by acts or omissions of the City or City's Representative In the administration of the Contract, or by tests. Inspections, or approvals required, or performed, by persons or firms other than Design Build Entity. 3.2.4 Design Build Entity shall be responsible for inspection of all portions of the Work, Including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work. 3.2.5 To facilitate communications and the management of the design process, the Design Build Entity shall establish and maintain a local office for the duration of the design process. 3.2.6 The Design Build Entity is not required to produce the entire Construction Documents package in the local office; however, the Design Build Entity shall provide the appropriate management and design staff In the local office to provide the City with the current status of, and the capability to properiy update, the design and construction documents. 3.2.7 The Design Build Entity Is required to deliver to the City, if requested, any and all design materials Including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, improvement documents, sketches, illustrations, specifications, descriptions, models, mock-ups, and other information developed, prepared, furnished, or delivered in the prosecution of the design work. 3.2.8 Design Build Entity shall at all times participate In, and Implement, the CEQA mitigation process and ensure performance as required In the Contract Documents. 3.2.9 Design Build Entity is responsible for preparation of the Construction Documents for the entire Project. 3.2.10 Design Build Entity Is responsible for construction of the entire Project as required by the Contract Documents. 3.2.11 Design Build Entity shall at all times maintain good discipline and order among Its employees and subcontractors. Design Build Entity shall provide competent, fully qualified personnel to perfonn the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless othenwise provided In the Contract Documents, Design Build Entity shall provide and pay for all professional services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not Incorporated or to be Incorporated in the Work. 1-31-12 Page 11 of 58 General Conditions A D1° CR A ^'fl'^ Norte Community Park ' Contract No. 3837A 3.4 DESIGN BUILDER'S WARRANTY 3.4.1 Design Build Entity warrants to the City that all labor, materials, equipment and furnishings used In, or Incorporated into, the Construction Work will be of good quality, new (unless othenwise required or permitted by the Contract Documents), and all Work will be free of liens, claims and security Interests of third parties; that the Work will be of the highest quality and free from defects and that all Wori< will conform with the requirements of the Contract Documents. If required by the City's Representative, Design Build Entity shall furnish satisfactory evidence of compliance with this warranty. Further, the type, quality and quantum of such evidence shall be within the sole discretion of the City's Representative. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 3.5 TAXES 3.5.1 Design Build Entity shall pay all sales, consumer, use, income, payroll and similar taxes for the Work or portions thereof provided by Design Build Entity. 3.6 PERMITS, FEES, AND NOTICES 3.6.1 Except for the permits and approvals which are to be obtained by the City or the requirements with respect to which City is not subject as provided in Article 2.1.1 of the General Conditions, Design Build Entity shall secure, and pay for, all permits, approvals, government fees, licenses, and Inspections necessary for the proper execution and performance of the Work. Design Build Entity shall deliver to the City all original licenses, permits, and approvals obtained by Design Build Entity in connection with the Work prior to the final payment or upon termination of the Contract, whichever Is eariier. 3.6.2 Water Pollution Control _ The Design Build Entity shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Design Build Entity shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number R9-2007-0001, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project In accordance with these regulations. The Design Build Entity shall prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with Technical Specification Section 02372. The Design Build Entity shall be responsible for the preparation and Implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board, San Diego Region. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans for this project and coordination with the City and the Regional Water Quality Control Board, San Diego Region shall be Included as part of the contract price bid. The total project cost amount shall Include all work required to prepare a SWPPP for the project and Inclusion of any Best Management Practices (BMPs) required by the SWPPP. Design Build Entity shall prepare and file a Notice of Intent (NOI) with the State Water Resources Control Board. The Design Build Entity will provide the City all information necessary for the NOI within ten (10) calendar days of Contract award. 3.7 APPLICABLE CODE REQUIREMENTS (NOTE: THE PLANS AND SPECIFICATIONS FOR THIS PROJECT ARE MATERIALLY COMPLETED AND HAVE OBTAINED A BUILDING PERMIT. WITH THE EXCEPTION OF THE BUILDING PERMIT REQUIREMENTS, ALL OTHER APPLICABLE CODE REQUIREMENTS WILL BE MET BY THE DESIGN BUILDER) 3.7.1 Design Build Entity shall perform the Work in accordance with the following Applicable Code Requirements and all code requirements listed In the Scope of Work: .1 All current laws, statutes, building codes (enforced at the time of obtaining the Building Permit, 2008), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Wori<, or the prosecution of the Work. .2 Applicable sections in the State of California Labor Code. .3 All Applicable Code Requirements relating to nondiscrimination, payroll records, apprentices, and work day. 1-31-12 Page 12 of 58 General Conditions '^'^ r* A D1° CR A n ^'9^ Community Park c ^ ^ Contract No. 3837A 3.7.2 Design Build Entity shail comply with and give notices required by all Applicable Code Requirements, Including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Design Build Entity shall promptly notify the City's Representative in writing If Design Build Entity becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements. 3.7.3 If Design Build Entity performs Work which It knows or should know is contrary to Applicable Code Requirements, without prior notice to the City and City's Representative, Design Build Entity shall be responsible for such Work and any resulting damages Including, without limitation, the costs of correcting Defective Work. 3.7.4 Design Builder shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as Indicated and specified. If Design Builder observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer In writing and any necessary changes shall be adjusted as provided for In this Contract for changes in work. If Design Builder performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom .1 Design Builder shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.) and all other federal and state disability access laws. The Work will be performed in compliance with all current rules, guidelines and regulations. 3.8 SUPERINTENDENT 3.8.1 Design Build Entity shall employ a competent Superintendent satisfactory to the City who shall be in attendance at the Project site at all times during the performance of the Construction Work. Superintendent shall represent Design Build Entity and communications given to, and received from. Superintendent shall be binding on Design Build Entity. Failure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this Contract, entitling the City to terminate the Contract or, alternatively, issue a stop Work order until the Superintendent is on the Project site. If, by virtue of Issuance of said stop Work order, Design Build Entity fails to complete the Contract on time, Design Build Entity will be assessed Liquidated Damages in accordance with the Agreement. 3.8.2 The Superintendent approved for the Project must be able to read, write and verbally communicate in English. The Superintendent may not perform the Work of any trade, pick-up materials, or perform any Work not directly related to the supervision and coordination of the Construction Work at the Project site when Work Is in progress. In addition, the Design Build Entity will provide all Key Personnel shown in the Technical Proposal forthe time periods stipulated. 3.9 TOXIC MATERIALS 3.9.1 The Design Build Entity Is responsible for unforeseen site conditions and toxic materials to the extent described in the Contract Documents and/or that could be reasonably Inferred by the Design Build Entity based on its experience and expertise on similar projects in urban areas. 3.10 HAZARDOUS MATERIALS 3.10.1 The Design Build Entity agrees that it is solely responsible for investigating and performing remedial actions on all hazardous materials and other related environmental requirements located on the Project site. For the purposes of this Contract, Hazardous Materials shall also Include, but are not limited to. Underground storage tanks. Any Hazardous Materials that are encountered beyond those described in the Contract Documents or Proposal Documents, or which reasonably could not have been discovered within the time permitted, may properly be the subject of a Change Order Request. The City agrees that the Design Build Entity cannot be considered a hazardous materials generator of any such materials in existence on the Site at the time it Is given possession of the Site. "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall Include: any tank of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises where stored; any septic tank; and any pipes connected to the above items. 3.10.2 The City shall not be responsible for any Hazardous Material brought to the site by the Design Build Entity. 3.10.3 If the Design Build Entity: (1) introduces and/or discharges a Hazardous Material onto the site in a manner not specified by the Contract Documents; and/or (II) disturbs a Hazardous Material Identified in the Contract Documents, the Design Build Entity shall hire a qualified remediation Design Builder at Design Build Entity's sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Design Build Entity perform Work for which it Is not qualified. 1-31-12 Page 13 of 58 General Conditions r~ A f? 1° C R A n ^^9^ Norte Community Park L.AKLiibAL^' Contract No. 3837A The City, In its sole discretion, may require the Design Build Entity to retain at Design Build Entity's cost an Independent testing laboratory. 3.10.4 If the Design Build Entity encounters a Hazardous Material which may cause foreseeable injury or damage, Design Build Entity shall immediately: (I) secure or othenwise isolate such condition; (II) stop all Work In connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). 3.10.5 Subject to Design Build Entity's compliance with Article 3.10.4, the City shall verify the presence or absence of the Hazardous Material reported by the Design Build Entity, except as qualified under Section 3.10.2 and 3.10.4, and, in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels. Work In the affected area shail resume upon direction by the City. The Contract Time and Sum shall be extended appropriately as provided in Articles 7 and 8. 3.10.6 The City shall Indemnify and hold harmless the Design Build Entity from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was not shown on the Contract Documents or Information Available to Bidders; (li) was not brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. The Indemnity obligation in this Article shall not apply to: .1 Claims, damages, losses or expenses arising from the breach of contract, negligence or willful misconduct of Design Build Entity, its suppliers, its Subcontractors of all tiers and/or any persons or entities working under Design Build Entity; and .2 Claims, damages, losses or expenses arising from a Hazardous Material subject to Article 3.10.2. 3.10.7 In addition to the requirements in Article 3.28, Design Build Entity shall indemnify and hold harmless the City of Cartsbad from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was shown on the Contract Documents or Information Available to Bidders; (ii) was brought to the site by Design Build Entity; and (Hi) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. Nothing in this paragraph shall obligate the Design Build Entity to indemnify the City in the event of the sole negligence of the City, its officers, agents, or employees. 3.11 CONSTRUCTION DOCUMENTS (NOTE: the plans and specifications for this project are completed and have been permitted, this section applies to any design changes that may require significant development and be required to be permitted) 3.11.1 Construction Documents .1 Upon receipt of the Notice to Proceed for Phase 2, the Design Build Entity shall Instruct the appropriate Design Professional or Architect of Record to commence the design of the building systems and the preparation of the Construction Documents. The Construction Documents shall provide Information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all Information required by the building trades to complete the construction of the Project, other than such details customarily developed by others during construction. The City's review of the construction documents shall be conducted in accordance with the approved Contract Schedule with procedures set forth in Article 3.16 of the General Conditions relating to Schedule. Such review shall not relieve the Design Build Entity from its responsibilities under this Contract. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Design Build Entity's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Design Build Entity and approved by the City. .2 It Is acknowledged by the parties hereto that inherent in a design build concept, bridging or otherwise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design Build Entity will limit the Construction Document packages for construction to a reasonable number, not more than that stipulated In the Supplementary Conditions, unless approved In writing by the City. Contract Schedule shall indicate the times for the City to review the completion of each such portion of the Construction Documents and a reasonable time for review of same. 1-31-12 Page 14 of 58 General Conditions ^ A131° CR A n ^^9^ Norte Community Park L.AKL:>bAU Contract No. 3837A .3 The Design Build Entity shall submit completed packages of the Construction Documents for review by the City, the City Flre Marshal, and any other Agency Having Jurisdiction (AHJ) Review meetings between the Design Build Entity and the City to review the Construction Document packages, shall be scheduled and held so as not to delay the Work. After reviewing the Construction Documents package for conformance to the Criteria Documents, the City will issue a Construction Notice to Proceed to the Design Build Entity. .4 The Construction Documents for hazardous and/or toxic abatement efforts and demolition activity shall be of sufficient clarity and shall be fully detailed when submitted to the City for review. 3.11.2 Shop Drawings, Product Data, Samples, Materials, and Equipment .1 Shop drawings means drawings, submitted to Design Build Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the proposed fabrication and assembly of building elements and the installation {e.g., form, fit, and attachment details) of materials or equipment. .2 Design Build Entity shall coordinate all submittals and review them for accuracy, completeness, and compliance with the requirements of the Contract Documents and the Design Build Entity's Construction Documents and shall indicate its approval thereon as evidence of such coordination and review. .3 Materials and equipment incorporated In the Work shall match the approved samples within tolerances appropriate to the items, and as may be described In the Contract Documents. .4 The Design Build Entity shall submit shop drawings approved by the Architect of Record and samples of submittals that relate to finish materials and products. .5 Any variation in quality must be approved by the City. 3.11.3 Field Engineering .1 The Design Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the Site the required reference points and benchmarks, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be licensed in the State of California. .2 The Design Build Entity shall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3.11.4 Geotechnical and Survey .1 The City has provided the Design Build Entity with a geotechnical report which Includes supporting data, findings and recommendations; and also with a legal description and a project sun/ey that are Included In the Contract Documents. The Design Work shall be consistent with both the findings and recommendations of the geotechnical report and legal description and project survey. .2 The Design Build Entity shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation Work. 3.12 MONTHLY REPORTS 3.12.1 The Design Build Entity shall prepare and submit to the City, during both the Construction Documents Phase and the Construction Phase, monthly reports on the Work accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by the City. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design Build Entity's projected progress for the forthcoming month. 3.13 OTHER REPORTS 3.13.1 The Design Build Entity will cooperate with the City In preparing, or causing to be prepared, all or part of, periodic project reports required by state or federal agencies. 1-31-12 Page 15 of 58 General Conditions r^TotCDAr^ Alga Norte Community Park eAKLibAU Contract No. 3837A 3.14 NOTICES OF LABOR DISPUTE 3.14.1 If Design Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely performance of the Wori<, Design Build Entity shall Immediately give notice including all relevant Information to the City. 3.14.2 Design Build Entity agrees to Insert the substance of this Article Including this Article 3.14.2, In any subcontract to which a labor dispute may delay the timely performance of the Woric, except that each subcontract shall provide that in the event Its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or Design Build Entity, as the case may be, of all relevant Information concerning the dispute. 3.15 GUARANTEE 3.15.1 The Design Build Entity unconditionally guarantees the Work will be completed in accordance with the requirements of the Contract Documents, and will remain free of defects In workmanship and materials for a period of two (2) years from the date of Final Completion, unless a longer guarantee period Is specifically called for In the Contract Documents. The Design Build Entity shall repair or replace any and all work, together with any adjacent work that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents, or that may be defective In Its workmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. 3.15.2 The Design Build Entity further agrees, within fourteen (14) days, or as such shorter period as may be designated for emergency repairs, after being notified In writing by the City, of any work not in accordance with the requirements of the Contract Documents or any defects in the Work, that the Design Build Entity shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design Build Entity falls to perform any of the work under the guarantee, the City may elect to have the work completed at the Design Build Entity's expense and the Design Build Entity will pay costs of the work upon demand. The City will be entitled to all costs, including reasonable attorneys' fees and consultants' expenses necessarily incurred upon the Design Build Entity's refusal to pay the above costs. 3.15.3 Notwithstanding the foregoing Article 3.15.2, in the event of an emergency constituting an Immediate hazard to health or safety of the City employees, property, or licensees, the City may undertake, at the Design Build Entity's expense and without prior notice, all work necessary to correct such hazardous conditlon(s) when it Is caused by work of the Design Build Entity not being in accordance with the requirements of the Contract Documents. 3.16 SCHEDULES REQUIRED OF DESIGN BUILDER 3.16.1 The Preliminary Schedule provided with the Request for Proposal provides the Design Build Entity schedule information to illustrate all Contract Milestones and any anticipated overiap of Phases. The Design Build Entity shall develop its required Contract schedules for review and approval by the City based on and consistent with such Preliminary Schedule. 3.16.2 Design Build Entity shall submit an Initial Contract Schedule and updated Contract Schedules to City's Representative in the form and within the time limits required by the Contract Documents, or, If no such time period is specified, within a reasonable period of time. City's Representative will determine acceptability of the Contract Schedule and updated Contract Schedules within the time limits required by the Contract Documents, or if no such time period is specified, within a reasonable period of time. If the City's Representative deems the Contract Schedule or updated Contract Schedule unacceptable, it shall specify in writing to Design Build Entity the basis for its objection. 3.16.3 The Contract Schedule and updated Contract Schedules shall represent a practical plan to complete the Work within the Contract Time. Schedules showing the Work completed in less than the Contract Time as reflected in the Preliminary Schedule may be acceptable if judged by City's Representative to be practical. Schedules showing the Work completed beyond the Contract Time may be submitted under the following circumstances: .1 If accompanied by a Change Order Request seeking an adjustment of the Contract Time consistent the requirements of paragraph 8.4 for Adjustment of the Contract Time for Delay.; or .2 If the Contract Time has passed, or if it Is a practical impossibility to complete the Work within the Contract Time, then the updated Contract Schedule or Fragnet schedule shall show completion at the eariiest practical date. 1-31-12 Page 16 of 58 General Conditions r*ADi°CDAr» Alga Norte Community Park ^^'^'--JbAU Contract No. 3837A .3 City's Representative will timely review the updated Contract Schedule or Fragnet Schedule submitted by Design Build Entity. If City's Representative determines that additional supporting data are necessary to fully evaluate the updated Contract Schedule or Fragnet Schedule, City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the updated Contract Schedule or Fragnet Schedule or the deadline for furnishing such additional supporting data. Failure of City's Representative to render a decision by the applicable deadline will be deemed a decision denying approval of the updated Contract Schedule or Fragnet Schedule. Acceptance of any schedule showing completion beyond the Contract Time by City's Representative shall not change the Contract Time and is without prejudice to any right of the City. The Contract Time, not the Contract Schedule, shall control In the determination of liquidated damages payable by Design Build Entity under Article 5 and Article 6 of the Agreement and in the determination of any delay under Article 8 of the General Conditions. 3.16.4 If a Contract Schedule showing the Work completed in less than the Contract Time is accepted. Design Build Entity shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the Final Completion of the Work beyond the expiration of the Contract Time. 3.16.5 Design Build Entity shall prepare and keep current, to the reasonable satisfaction of City's Representative, a schedule of submittals and that is coordinated with the Contract Schedule. 3.16.6 The Contract Schedule and the updated Contract Schedules shall meet the following requirements: .1 Schedules must be suitable for monitoring progress of the Work. .2 Schedules must provide necessary data about the timing of the City decisions and City furnished items. .3 Schedules must be in sufficient detail to demonstrate adequate planning of the Work. .4 Schedules must represent a practical plan to perform and complete the Work within the Contract Time. 3.16.7 The City's Representative's review of the form and general content of the Contract Schedule and updated Contract Schedules is forthe purpose of determining if the above-listed requirements have been satisfied. 3.16.8 Design Build Entity shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work will permit Its completion within the Contract Time, any Contract milestones and any Contract phases. 3.16.9 In preparing the Preliminary Contract Schedule, the Contract Schedule, and updated Contract Schedules, Design Build Entity shall obtain such information and data from Subcontractors as may be required to develop a reasonable and appropriate schedule for performance of the work and shall provide such Information and data to the City's Representative upon request. Design Build Entity shall continuously obtain from Subcontractors Information and data about the planning for, and progress of, the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, as appropriate, and shall monitor the progress of the Work and the delivery of equipment. The City requires the Design Builder to employ the "pull planning" method of schedule development. 3.16.10 Design Build Entity shall act as the expediter of potential and actual delays. Interruptions, hindrances, or disruptions for Its own forces and those forces of Subcontractors, regardless of tier. 3.16.11 Design Build Entity shall cooperate with the City's Representative in the development of the Contract Schedule and updated Contract Schedules. Design Build Entity shall plan and schedule all of its Work based on the assumption that the City will exercise Its Option for Phase 3 within 30 days of the completion of Phase 2 unless othenwise directed in writing by the City. After the City exercises Its Option for Phase 3, the Design Build Entity shall modify Its Contract Schedule to reflect the actual date that the City exercises its Option for Phase 3. 3.16.12 City's Representative's acceptance of or its review comments about any schedule or scheduling data shall not relieve Design Build Entity from Its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the City's Representative or the City nor imply their agreement with (1) any assumption upon which such schedule Is based or (2) any matter underiying or contained In such schedule. Failure of the CItys Representative to discover errors or omissions in 1-31-12 Page 17 of 58 General Conditions A D1° C R A n ^^9^ Norte Community Park " Contract No. 3837A schedules that it has reviewed, or to inform Design Build Entity that Design Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve Design Build Entity from Its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. 3.17 AS-BUILT DOCUMENTS 3.17.1 Design Build Entity shall maintain one (1) set of As-built drawings and specifications, which shall be kept up-to-date during the Work of the Contract. This document will be an electronic file or Building Information Model (BIM) all changes which are Incorporated Into the Work which differ from the documents as drawn and written and approved shall be noted on the as-built set. Notations shall reflect the actual materials, equipment and installation methods used for the Wortc; each revision shall be initialed and dated by Superintendent. Prior to filing of the Notice of Completion, each drawing and the specification cover shall be signed by Design Build Entity and dated, attesting to the completeness of the information noted therein. As-built Documents shall be turned over to the City's Representative and shall become part of the Record Documents as required by the Scope of Work. 3.18 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.18.1 Design Build Entity shall maintain the following at the Project site: .1 One as-built copy of the Contract Documents, in good order and marked to record current changes and selections made during construction. .2 The current accepted Contract Schedule. .3 Shop Drawings, Product Data, and Samples. .4 All other required submittals. These documents shall be available to the City's Representative and shall be delivered to the City's Representative for submittal to the City upon the eariier of Final Completion or termination of the Contract. 3.19 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND BIM MODELS 3.19.1 Definitions: .1 Shop Drawings are drawings (physical or electronic), diagrams, schedules, and other data specially prepared for the Work by Design Build Entity or a Subcontractor to illustrate some portion of the Work. .2 Product Data are illustrations, standard schedules, performance charts. Instructions, brochures, diagrams, and other information furnished by Design Build Entity to Illustrate or describe materials or equipment for some portion of the Work. .3 Samples are physical examples that Illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. .4 BIM Models are Building Information Modeling (BIM) is a digital representation of physical and functional characteristics of a facility. A BIM is a shared knowledge resource for information about a facility forming a reliable basis for decisions during Its life-cycle; defined as existing from eariiest conception to demolition. 3.19.2 Shop Drawings, Product Data, Samples, BIM Models and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which submittals are required, how Design Build Entity proposes to conform to the information given and the design concept expressed in the Contract Documents. 3.19.3 Design Build Entity shall review, approve, and submit to the City's Representative Shop Drawings, Product Data, Samples, BIM Models and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or In the activities of the City or of Separate Contractors. Submittals made by Design Build Entity that are not required by the Contract Documents may be returned without action by the City's Representative. 1-31-12 Page 18 of 58 General Conditions \^MKL;ibMU Contract No. 3837A 3.19.4 Design Build Entity shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals until the respective submittal has been reviewed by the City's Representative and no exceptions have been taken by the City's Representative or the City's Representative's Consultants. Such Work shall be in accordance with approved submittals and the Contract Documents. 3.19.5 By approving and submitting Shop Drawings, Product Data, Samples, BIM Model and similar submittals. Design Build Entity represents that It has determined or verified materials and field measurements and conditions related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements of the Contract Documents and Shop Drawlngs/BIM Model for related Work. 3.19.6 If Design Build Entity discovers any conflicts, omissions, or errors in Shop Drawings or other submittals. Design Build Entity shall notify the City's Representative and receive Instruction before proceeding with the affected Work. Design Build Entity shall be responsible to correct to the satisfaction of the City, any conflicts, omissions, or errors In Shop Drawings/BIM Model or other submittals. 3.19.7 Design Build Entity shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Representative's review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals, unless Design Build Entity has specifically informed the City's Representative in writing of such deviation at the time of submittal and the City's Representative has given written approval of the specific deviation. Design Build Entity shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, BIM Model or similar submittals by the City's Representative's review, acceptance, comment, or approval thereof. 3.19.8 Design Build Entity shall direct specific attention. In writing or on resubmitted Shop Drawings, Product Data, Samples, BIM Model or similar submittals, to revisions other than those requested by the City's Representative on previous submittals. 3.19.9 The City will review first resubmittal of Shop Drawing/BIM Model at Its cost. The City reserves the right to reduce the Contract Sum by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals. 3.20 USE OF SITE AND CLEAN UP 3.20.1 Design Build Entity shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Design Build Entity shall not unreasonably encumber the Project site with materials or equipment. 3.20.2 Design Build Entity shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Design Build Entity. Design Build Entity shall remove all excess dirt, waste material, and rubbish caused by the Design Build Entity; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work. Failure to maintain the site may cause the City to give the Design Builder notice of this fact. Upon such notice, the Design Builder must remedy the situation within 24 hours of receipt of the notice. The Design Builder's failure to comply may cause the City to perform the work at the Design Builder's cost. 3.20.3 Personnel of Design Build Entity and Subcontractors shall not occupy, live upon, or othenwise make use of the Project site during any time that Work Is not being performed at the Project site, except as othenwise provided In the Contract Documents. 3.21 PROJECT SITE MAINTENANCE. 3.21.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Design Builder shall keep the site clean and free from rubbish and debris. The Design Builder 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 Design Builder 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 Design Builder's Bid. 1-31-12 Page 19 of 58 General Conditions '^i' r^ADTcDAPk Alga Norte Community Park ^ CAKLbbAU Contract No. 3837A 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 Design Builder 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 Design Builder 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. 3.21.2 Air Pollution Control. The Design Builder 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. 3.21.3 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 Design Builder 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 Design Builder shall be liable for Injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 3.21.4 Sanitation. The Design Builder shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be Interrupted. Should the Design Builder 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. 3.21.5 Temporary Light, Power, and Water. The Design Builder 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 Design Builder shall not draw water from any fire hydrant (except to extinguish a flre), without obtaining permission from the water agency concerned. The Design Builder 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 Design Builder shall contact the appropriate water agency for requirements. The Design Builder 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. 3.21.6 Water Pollution Control. The Design Builder 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. 3.21.7 The Design Builder shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ (or current equivalent). National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 3.22 CUTTING, FITTING, AND PATCHING 3.22.1 Design Build Entity shall do all cutting, fitting, or patching of the Woric required to make all parts of the Work come together properiy and to allow the Woric to receive or be received by work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. 1-31-12 Page 20 of 58 General Conditions A lE? 1° CR A n "^^9^ Norte Community Park r o , Contract No. 3837A 3.22.2 Design Build Entity shall not endanger the Work, the Project, or adjacent property by cutting, digging, or othenwise. Design Build Entity shall not cut or alter the work of any Separate Contractor without the prior consent of the City's Representative. 3.23 ACCESS TO WORK BY THE CITY 3.23.1 The City, City's Representative, their consultants, and other persons authorized by the City will at all times have access to the Work wherever it Is in preparation or progress. Design Build Entity shall provide safe and proper facilities for such access and for inspection. 3.23.2 The Design Build Entity shall provide field offices for the City's Representative, the City's Construction Manager, a Field Engineer, and a small conference room within the construction office compound. The facilities provided for City personnel shall be at suitable locations approved by the City's Representative. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. 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 space shall have mechanical heating and cooling. The Design Builder shall provide power and data connections for computers (computers to be provided by the city), a printer connected to a common server, Internet access, phones connected to a local phone company for each office and conference room, 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 Design Builder at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, sen/ice, 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. 3.24 ROYALTIES AND PATENTS 3.24.1 Design Build Entity shall pay all royalties and license fees required for the performance of the Work. Design Build Entity shall defend suits or claims resulting from Design Build Entltys or any Subcontractor's infringement of patent rights and shall indemnify, defend and hold harmless the City and City's Representative from losses on account thereof. 3.25 DIFFERING SITE CONDITIONS 3.25.1 If Design Build Entity encounters any of the following conditions at the site. Design Build Entity shall Immediately notify the City's Representative in writing of the specific differing conditions before they are disturbed and before any affected Work is performed, and permit investigation of the conditions: .1 Subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, or If not Indicated In this Contract, In the City Furnished Information; or .2 Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 3.25.2 Design Build Entity shall be entitled to an adjustment to the Contract Sum and/or Contract Time as the result of extra costs and/or delays resulting from a materially differing site condition, if and only if Design Build Entity fulfills the following conditions: .1 Design Build Entity fully complies with Article 3.24.1 above; and .2 Design Build Entity fully complies with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.25.3 Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures and limitations set forth in Articles 7 and 8 of the General Conditions. 1-31-12 Page 21 of 58 General Conditions A D1° CD A ^^9^ Norte Community Park ' ^AKLibAU Contract No. 3837A 3.26 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS 3.26.1 Except and only to the extent provided othenwise in Articles 3.24, and Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of concealed, unforeseen or unknown conditions and events, if any, which may be encountered In performing the Contract; and .2 That Design Build Entity's Pricing Proposal Form for the Contract was made with full knowledge of this risk. 3.26.2 In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events. Design Build Entity understands that, except and only to the extent provided othenwise In Articles 3.24, and Articles 7 and 8 of the General Conditions, concealed, unforeseen or unknown conditions shall not excuse Design Build Entity from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 3.26.3 If, as the result of concealed, unforeseen or unknown conditions or events, the City issues a Change Order or Field Order that changes design details from those details depicted In the Criteria Documents, Design Build Entity shall be entitled, subject to compliance with all the provisions of the Contract, including those set forth in Articles 4, 7 and 8 of the General Conditions, to an adjustment of the Contract Sum and/or Contract Time, for the cost and delay resulting from Implementing the changes to the design. Except as provided in this Article 3.25.3, or as may be expressly provided othenwise in the Contract, there shall be no adjustment of the Contract Sum and/or Contract Time as a result of concealed, unforeseen or unknown conditions or events. 3.26.4 Design Build Entity shall, as a condition precedent to any adjustment In Contract Sum or Contract Time under this Article 3.25.4, fully comply with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.27 INFORMATION AVAILABLE TO PROPOSERS 3.27.1 Any information provided pursuant to REQUEST FOR PROPOSALS is subject to the following provisions: .1 The information is made available for the convenience of Proposers and is not a part of the Contract. .2 The Design Build Entity may rely on written descriptions of physical conditions Included in the Information to the extent such reliance is reasonaljle. .3 Other components of the Information, including but not limited to recommendations, may not be relied upon by Design Build Entity. The City shall not be responsible for any interpretation of or conclusion drawn from the other components of the information by the Design Build Entity. 3.28 LIABILITY FOR AND REPAIR OF DAMAGED WORK 3.28.1 Design Build Entity shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, flood or othenwise) prior to the City's acceptance of the Project as fully completed except that Design Build Entity shall not be liable for earthquake in excess of magnitude 3.5 on the Richter Scale, tidal wave, or flood, provided that the damages or losses were not caused In whole or in part by the negligent acts or omissions of Design Build Entity, its officers, agents or employees (Including all Subcontractors and suppliers of all tiers). As used herein, "flood" shall have the same meaning as in the builder's risk property insurance. 3.28.2 Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed for which the Design Build Entity is liable under Article 3.27.1 above. 3.28.3 Notwithstanding the Design Build Entity's financial liability for any damage or losses that may or may not be covered by the builder's risk property insurance provided hereunder, the Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed during the term of this Project and work to maintain or recover the project schedule. The Design Build Entity shall be responsible to protect the site and segregate all costs associated with any required corrective action, including costs to expedite material and work overtime as necessary to maintain the schedule. 1-31-12 Page 22 of 58 General Conditions '^'^ r* A b ? ^^R A n ^^9^ Norte Community Park ' c . o ^M Contract No. 3837A 3.29 INDEMNIFICATION 3.29.1 Design Builder 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 Design Builder 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. 3.29.2 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, If the City requests separate counsel. 3.29.3 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design Builder, whether intentional or otherwise, and Design Builder will pay all costs, including defense costs for the City. Defense costs Include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.4 Design Builder shall also defend and indemnify the City against any attempts by Design Builder's insurance carriers to recover or subrogate against the City for any and all losses arising in connection with Design Builder's performance of work or services under the Contract covered by the insurance 3.29.5 Design Build Entity shall indemnify, defend and hold harmless the City, It's officials, employees, volunteers. City's consultants. City's Representative, City's Representative's consultants, and their respective directors, officers, agents, and employees from and against losses (including without limitation the cost of repairing defective work and remedying the consequences of defective work) arising out of, resulting from, or relating to the following: .1 The failure of Design Build Entity to perform its obligations under the Contract. .2 The Inaccuracy of any representation or warranty by Design Build Entity given in accordance with or contained In the Contract Documents. .3 Any claim of damage or loss by any Subcontractor against the City arising out of any alleged act or omission of Design Build Entity or any other Subcontractor, or anyone directly or Indirectly employed by Design Build Entity or any Subcontractor. .4 Any claim of damage or loss resulting from Hazardous Materials Introduced, discharged, or disturbed by Design Build Entity as required per Article 3.10.7. 3.29.6 The City shall not be liable or responsible for any accidents, loss, injury (including death) or damages happening or accruing during the term of the performance of the Work herein referred to or in connection therewith, to persons and/or property, and Design Build Entity shall fully indemnify, defend and hold harmless the City and protect the City from and against the same as provided in paragraph 3.28.1 above. In addition to the liability imposed by law upon the Design Build Entity for damage or Injury (Including death) to persons or property by reason of the negligence of the Design Build Entity, its officers, agents, employees or Subcontractors, which liability Is not Impaired or othenwise affected hereby, the Design Build Entity shall defend, indemnify, hold harmless, release and forever discharge the City, Its officers, employees, and agents from and against and waive any and all responsibility of same for every expense, liability, or payment by reason of any damage or Injury (Including death) to persons or property suffered or claimed to have been suffered through any negligent act, omission, or willful misconduct of the Design Build Entity, its officers, agents, employees, or any of Its Subcontractors, or anyone directly or indirectly employed by either of them or from the condition of the premises or any part of the premises while in control of the Design Build Entity, Its officers, agents, employees, or any of its Subcontractors or anyone directly or indirectly employed by either of them, arising out of the performance of the Work called for by this Contract. Design Build Entity agrees that this indemnity and hold harmless shall apply even in the event of negligence of the City, its officers, agents, or employees, regardless of whether such negligence is contributory to any claim, demand, loss, damage. Injury, expense, and/or liability; but such indemnity and hold harmless shall not apply (I) in the event of the sole negligence of the City, its officers, agents, or employees; or (ii) to the extent that the City shall indemnify and hold harmless the Design Build Entity for Hazardous Materials pursuant to Article 3.10.6. 1-31-12 Page 23 of 58 General Conditions /A 01° CD A Alga Norte Community Park ' eAKLobAU Contract No. 3837A 3.29.7 In claims against any person or entity indemnified under this Article 3.28 that are made by an employee of Design Build Entity or any Subcontractor, a person indirectly employed by Design Build Entity or any Subcontractor, or anyone for whose acts Design Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article 3.28 shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. 3.29.8 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that the person or entity indemnified Is liable by reason of a non-delegable duty. 3.29.9 Design Build Entity shall indemnify the City from and against losses resulting from any claim of damage made by any Separate Contractor against the City arising out of any alleged acts or omissions of Design Build Entity, any Subcontractor, anyone directly or Indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.10 Design Build Entity shall indemnify Separate Contractor from and against losses arising out of the negligent acts, omissions, or willful misconduct of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.11 Design Build Entity shall indemnify, defend, and hold harmless the City and Its officers, employees, agents, volunteers, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, damages, injury including death, settlements, and expenses (including without limitation, Interest and penalties) incurred by Indemnitee arising out of the performance of services or Design Build Entity's other obligations under this Contract, but only in proportion to and to the extent such losses are caused by or result from (1) the negligent acts or omissions of Design Build Entity, Its officers, agents, employees, subcontractors, consultants, or any person or entity for whom Design Build Entity is responsible (collectively, "Indemnitor"); (2) the breach by Indemnitor of any of the provisions of this Contract; or (3) willful misconduct by Indemnitor. 3.29.12 The Indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that (1) the person or entity indemnified is liable by reason of non-delegable duty, or (2) the losses were caused In part by the negligence of, breach of contract by, or violation of law by Indemnitee. The obligation to defend shall arise regardless of any claim or assertion that Indemnitee caused or contributed to the losses. Indemnitor's reasonable defense costs (including attorney and expert fees) incurred In providing a defense for Indemnitees shall be reimbursed by the City except to the extent such defense costs arise, under principles of comparative fault, from Indemnitor's (a) negligent acts or omissions; (b) breach of any of the provisions of this Contract; or (c) willful misconduct. 3.29.13 Design Build Entity shall indemnify, defend, and save harmless Indemnitee from and against all loss, cost, expense, royalties, claims for damages or liability, in law or In equity, Including, without limitation, attorney's fees, court costs, and other litigation expenses that may at any time arise or be set up for any infringement (or alleged infringement) of any patent, copyright, trade secret, trade name, trademark or any other proprietary right of any person or entity In consequence of the use on the Project by Indemnitee of the Design Materials or Constmction Documents (including any method, process, product, concept specified or depicted) supplied by Indemnitor In the performance of this Contract. 3.29.14 Nothing In this Contract, including the provisions of this Article 3, shall constitute a waiver or limitation of any rights which Indemnitee may have under applicable law, including without limitation, the right to implied indemnity. 3.29.15 Design Builder's defense and Indemnity obligation herein includes, but is not limited to lawsuits, damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Design Builder's Work during the course of construction of the improvements or after the Work Is complete, as the result of defects or negligence in Contractor's construction of the improvements. 3.30 STREET CLOSURES, DETOURS, BARRICADES 3.30.1 The Design Builder shall comply with all applicable State, County, and City requirements for closure of streets. The Design Builder shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Design Builder shall be responsible for compliance with additional public safety requirements which may arise. The Design Builder shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. 1-31-12 Page 24 of 58 General Conditions I^AKLiibAU Contract No. 3837A After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Design Builder shall notify the following: .1 The Civic Projects Manager (760) 434-2949 .2 Carisbad Flre Department Dispatch (858) 757-3006 .3 Carlsbad Police Department Dispatch (760)931-2197 .4 Carisbad Traffic Signals Maintenance (760) 434-2980 .5 Carisbad Traffic Signals Operations (760) 602-7504 .6 North County Transit District (760) 967-2828 .7 Waste Management (760) 929-9400 The Design Builder shall comply with these requirements. The Design Builder shall obtain the City's Representative's written approval prior to deviating from the requirements of 3.30.1.2 through .7 above. The Design Builder shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Design Builder shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth In the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs Involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Unifomi Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Design Builder shall immediately repair said component to Its original condition or replace said component and shall restore the component to its original location. In the event that the Design Builder fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the City's Representative may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Design Builder twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 3.31 ALLOWANCES/CONTRACTOR CONTROLLED CONTINGENCY 3.31.1. The Design Builder shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entitles as chosen by the Design Builder and the City in the Subcontractor Selection process defined In the Technical Proposal. 3.31.2 Allowances shall cover the cost to the Design Builder or materials and equipment delivered at the site and all required taxes, less applicable discounts.. 3.31.3 Whenever qualified costs are more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, as per the Change Order process defined herein. These credits/costs will include overhead, profit. Insurance, taxes, and all other burdens, 3.31.4 The City reserves the right to cancel an allowance and not execute any of the work defined in that allowance. All costs shown for the allowance plus all overhead, profit, insurance, taxes, and any other indirect costs shall be reimbursed to the City. 3.31.5 All unused portions of the Contractor Controlled contingency (as shown on the Bid Spread Sheet Form from the Price Proposal) shall be returned to the City at the completion of the project. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE 1-31-12 Page 25 of 58 General Conditions ^4 A D1° CD A r» ^'9^ Community Park Contract No. 3837A 4.1.1 The City's Representative will provide limited administration of the Contract as provided in the Contract Documents and will be the representative of the City. The City's Representative will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City shall designate, from time to time, one or more representatives authorized to act on the City's behalf with respect to the Project, together with the scope of his/her respective authority. Functions for which this Contract provides will be performed by the City may be delegated by the City only by written notice to the Design Build Entity from the City. The Design Build Entity shall not be entitled to rely on directions (nor shall it be required to follow the directions) from anyone outside the scope of that person's authority as set forth in written authorization pursuant to this Contract. Directions and decisions made by the City's Representative within his/her respective authority shall be binding on the City. 4.1.2 During the term of this Contract, the City's Representative shall have the right to review Design Build Entity's Design Professionals' Work at such intervals as deemed appropriate by the City's Representative. However, no actions taken during such review or site visit by the City's Representative shall relieve Design Build Entity of any of its obligations of single-point responsibility for the design and construction of this Project, nor form the basis for a Claim if such actions extend the Contract Completion Date beyond the Contract Time. 4.1.3 The City's Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely Design Build Entity's responsibility. 4.1.4 Except as othenwise provided In the Contract Documents or when direct communications have been specifically authorized, the City and Design Build Entity shall communicate through the City's Representative. Except when direct communication has been specifically authorized in writing by the City's Representative, communications by Design Build Entity with the City's consultants and City's Representative's consultants shall be through the City's Representative. Communications by the City and City's Representative with Subcontractors will be through Design Build Entity. Communications by Design Build Entity and Subcontractors with Separate Contractors shall be through the City's Representative. Design Build Entity shall not rely on oral or other non-written communications. 4.1.5 Based on the City's Representative's Project site visits, review of Design Work, and evaluations of Design Build Entity's Applications For Payment, the City's Representative will recommend amounts, if any, due Design Build Entity and will issue Certificates For Payment in such amounts. 4.1.6 The City's Representative will have the authority to reject the Work, or any portion thereof, which does not conform to the Contract Documents. The City's Representative will have the authority to stop the Work, or any portion thereof. Whenever the Citys Representative considers It necessary, or advisable, for implementation of the intent of the Contract Documents, the City's Representative will have the authority to require additional Inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, Installed, or completed. However, neither authority of the City's Representative conferred by the Contract Documents nor any decision made In good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of the City or City's Representative to Design Build Entity, or any person or entity claiming under, or through. Design Build Entity. 4.1.7 The City's Representative will have the authority to conduct inspections as provided in the Contract Documents, to take Beneficial Occupancy and to determine the dates of Substantial Completion and Final Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by Design Build Entity; and will issue a final Certificate For Payment upon Design Build Entity's compliance with the requirements of the Contract Documents. 4.1.8 The City's Representative will be, in the first Instance, the interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Design Build Entity. Should Design Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarification of the Contract Documents; question whether Work Is within the scope of the Contract Documents; then, before proceeding with the Work affected. Design Build Entity shall notify the Cit/s Representative in writing and request interpretation, or clarification. The Citys Representative's response to questions and requests for interpretations, clarifications, instructions, or decisions will be made with reasonable promptness. Should Design Build Entity proceed with the Work affected before receipt of a response from the City's Representative, any portion of the Work which is not done in accordance with the City's Representative's Interpretations, clarifications, instructions, or decisions shall be removed or replaced and Design Build Entity shall be responsible for all resultant losses. 4.2 DESIGN BUILDER CHANGE ORDER 1-31-12 Page 26 of 58 General Conditions CITY OF A DI CR A n ^^9^ Norte Community Park ^f\tiL::>Df\U Contract No. 3837A 4.2.1 Design Build Entity may request changes to the Contract Sum and/or Contract Time for Extra Work, materially differing site conditions, or delays to Final Completion of the Work. 4.2.2 Conditions precedent to obtaining an adjustment of the Contract Sum and/or Contract Time payment of money, or other relief with respect to the Contract Documents, for any other reason, are: .1 Timely submission of a Change Order Request that meets the requirements of Articles 4.2.3.1 and 4.2.3.2 below; and .2 If requested, timely submission of additional informational requested by the City's Representative pursuant to Article 4.2.3.3 below. 4.2.3 Change Order Request: 4.2.3.1 A Change Order Request will be deemed timely submitted If, and only if, it is submitted within 7 days of the date the Design Build Entity discovers, or reasonably should discover the circumstances giving rise to the Change Order Request, unless additional time is allowed in writing by the City's Representative for submission of the Change Order Request, provided that if: .1 The Change Order Request includes compensation sought by a Subcontractor; AND .2 The Design Build Entity requests In writing to the City's Representative, within the 7-day time period, additional time to perniit Design Build Entity to conduct an appropriate review of the Subcontractor Change Order Request, then the time period for submission of the actual Change Order Request shall be extended by the number of days specified in writing by the City's Representative. 4.2.3.2 A Change Order Request must state that it Is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment of the Contract Sum, Contract Time, and/or other monetary relief. If the Design Build Entity requests an adjustment to the Contract Sum or other monetary relief, the Design Build Entity shall submit the following with the Change Order Request: .1 A completed Cost Proposal in the form contained In the Price Proposal Exhibits meeting the requirements of Article 7 of the General Conditions; OR .2 A partial Cost Proposal and a declaration of what required information Is not then known to Design Build Entity. If Design Build Entity failed to submit a completed Cost Proposal with the Change Order Request, Design Build Entity shall submit a completed Cost Proposal meeting the requirements of Article 7 within 7 days of the date the Design Build Entity submitted the Change Order Request unless additional time is allowed by the City's Representative. 4.2.3.3 Upon request of the City's Representative, Design Build Entity shall submit such additional information as may be requested by the City's Representative for the purpose of evaluating the Change Order Request. Such additional information may include: .1 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief, actual cost records for any changed or extra costs (including without limitation, payroll records, material and rental invoices and the like), shall be submitted by the deadline established by the City's Representative, who may require such actual cost records to be submitted and reviewed, on a dally basis, by the City's Representative and/or representatives of the City's Representative. .2 If Design Build Entity seeks an adjustment of the Contract Time, written documentation demonstrating Design Build Entity's entitlement to a time extension under Article 8.4, which shall be submitted within 15 days of the date requested unless the City's Representative requires an eariier submission. If requested. Design Build Entity may submit documentation in support of its request for a time extension. The City may, but Is not obligated to, grant a time extension. If deemed appropriate by the City's Representative, Design Build Entity shall submit a more detailed schedule analysis in support of its request for a time extension. 1-31-12 Page 27 of 58 General Conditions r^ADi QDAr\ Alga Norte Community Park ^^'^^"^ Contract No. 3837A .3 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief for delay, written documentation demonstrating Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, which shall be submitted within 15 days of the date requested. .4 Any other Information requested by the City's Representative for the purpose of evaluating the Change Order Request, which shall be submitted by the deadline established by the City's Representative. 4.2.4 The City's Representative will make a decision on a Change Order Request, within a reasonable time, after receipt of a Change Order Request. In the event the Change Order Request is submitted pursuant to Article 8.4.1, the City's Representative shall promptly review and accept or reject it within thirty (30) days. A final decision is any decision on a Change Order Request which states that It Is final. If the City's Representative issues a final decision denying a Change Order Request in whole or In part. Design Build Entity may contest the decision by filing a timely Claim under the procedures specified In Article 4.3 of the General Conditions. 4.2.5 Design Build Entity may file a written demand for a final decision by the City's Representative on all or part of any Change Order Request as to which the City's Representative has not previously issued a final decision pursuant to Article 4.2.4 of the General Conditions; such written demand may not be made eariier than the 30th day after submission of the Change Order Request. Within 30 days of receipt of the demand, the City's Representative will Issue a final decision on the Change Order Request. The City's Representative's failure to issue a decision within the 30-day period shall be treated as the Issuance, on the last day of the 30-day period, of a final decision to deny the Change Order Request in Its entirety. 4.3 CLAIMS 4.3.1 The term "Claim" means a written demand or assertion by Design Build Entity seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters In question between the City and Design Build Entity arising out of or related to the Contract Documents or the performance of the Work. However, conditions listed below are not Included in the term "Claim", and are not included In the Claims procedures provided under this Article 4, .1 Claims regarding penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine. .2 Claims regarding personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. .3 Claims by the City, except as set forth In Article 4.7.4 of the General Conditions. .4 Claims respecting stop notices. 4.3.2 A Claim arises upon the issuance of a written final decision denying In whole or in part Design Build Entity's Change Order Request pursuant to Article 4.2.4 of the General Conditions. 4.3.3 A Claim must include the following: .1 A statement that It is a Claim and a request for a decision pursuant to Article 4.5 of the General Conditions. .2 A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, Including but not limited to, necessary dates, locations, and items of work affected. .3 A certification, executed by Design Build Entity, that the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified. .4 A certification, executed by each Subcontractor claiming more than 5% of the total monetary amount sought by the claim, that the Subcontractor's portion of the claim is filed In good faith. The certification must be made on the Claim Certification form, included In the Standard Forms to the Contract. The language of the Claim Certification form may not be modified. .5 A statement demonstrating that a Change Order Request was timely submitted as required by Article 4.2.4 of the General Conditions. 1-31-12 Page 28 of 58 General Conditions r~ A D1° CR A n ^^9^ Norte Community Park L-AKL:>bAU Contract No. 3837A .6 If a Cost Proposal or declaration was required by Article 4.2.3 of the General Conditions, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Article 4.2.3 of the General Conditions. .7 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: .1 If the Claim involves Extra Work, an estimate of the costs must of the amounts claimed, including the items specified in Article 7.3.2 of the General Conditions. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. To the extent costs have been Incurred when the Claim is submitted, the Claim must Include actual cost records (Including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a month during any periods costs are Incurred. A cost record wiil be considered current If submitted within 30 days of the date the cost reflected in the record is incurred. At the request of the City's Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs for I) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; 11) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or Incorporated into the work, dates materials were transported to the project or incorporated Into the work, and other pertinent Information; and ill) itemization of machinery and equipment including make, model, hours of use, dates of use and equipment rental rates of any rented equipment. .2 The Design Build Entity shall be responsible for all errors and omissions contained within the Construction Documents. .3 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Design Build Entity's entitlement to a time extension under Article 8.4 of the General Conditions, Including the specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension. .4 If the Claim Involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions. 4.4 ASSERTION OF CLAIMS 4.4.1 Claims by Design Build Entity shall be first submitted to the City's Representative for decision. 4.4.2 Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless othenwise directed by the City's Representative, Design Build Entity shall not cause any delay, cessation, or termination in or of Design Build Entity's performance of the Woric, but shall diligently proceed with performance of the Woric In accordance with the Contract Documents. 4.4.3 Design Build Entity shall submit a Claim in writing, together with all supporting data specified in Article 4.3.3 of the General Conditions, to the City's Representative as soon as possible but not later than 30 days after the date the Claim arises under Article 4.3.2 of the General Conditions, provided that after written notification to the City's Representative within such time period, the time period for submission of the Claim shall be extended by the number of days specified in writing by the City's Representative where the Claim includes compensation sought by a Subcontractor and the Design Build Entity requests an extension of time to permit it to discharge its responsibilities to conduct an appropriate review of the Subcontractor claim. 4.4.4 Design Build Entity agrees that strict compliance with the requirements of Articles 4.2, 4.3, and 4.4 of the General Conditions are conditions precedent to Design Build Entity's right to artDitrate or litigate a Claim. Design Build Entity specifically agrees to assert no Claims In artDltratlon or litigation unless there has been strict compliance with Articles 4.2, 4.3, and 4.4 of the General Conditions. The failure of Design Build Entity to strictly comply with the requirements of Articles 4.2, 4.3 1-31-12 Page 29 of 58 General Conditions ^4- r^ADrcDAPi Alga Norte Community Park ' V-AKLbbAL; Contract No. 3837A and 4.4 of the General Conditions constitutes a failure by Design Build Entity to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim. 4.5 DECISION OF CITY'S REPRESENTATIVE ON CLAIMS 4.5.1 The City's Representative will timely review Claims submitted by Design Build Entity. If the City's Representative determines that additional supporting data are necessary to fully evaluate a Claim, the City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request, the City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the Claim or the deadline for furnishing such additional supporting data; provided that, if the amount of the Claim is In excess of $50,000, the aforesaid 30-day period shall be 60 days. Failure of the City's Representative to render a decision by the applicable deadline will be deemed a decision denying the Claim on the date of the deadline. The decision of the City's Representative will be final and binding unless appealed In accordance with Articles 4.5.2, and 4.5.3,of the General Conditions. The City's Representative's decision on a Claim or dispute will include a statement substantially as follows: "This Is a decision under Article 4.5 of the General Conditions of your contract. If you are dissatisfied with the decision, and If you complied with the procedural requirements for asserting claims specified in Article 4 of the General Conditions of your contract, you must follow the procedures in Article 4.7. If you fail to take appropriate action with 30 days of the date of this decision, the decision shall become final and binding and not subject to further appeal." 4.5.2 If either Design Build Entity or the City disputes the City's Representative's decision on a Claim, such party (the "Disputing Party") must either provide a written notice Its election to proceed under Article 4.7 within 30 days after the decision of the City's Representative or, if no decision has been issued, within 30 days from the date of the applicable deadline In Article 4.5.1 of the General Conditions for the City's Representative to render a decision. 4.5.3 If a notice of election to proceed under Article 4.7 Is not given by either party within 30 days after the decision of the City's Representative, the City's Representative's decision on the Claim will be final and binding and not subject to appeal or challenge. 4.5.4 NOT USED 4.5.5 Any dispute which cannot be resolved between the parties shall be resolved through litigation shall be filed in the Superior Court of the State of California, in the County of San Diego. Design Build Entity agrees to incorporate this provision into all subcontracts. 4.5.6 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Contract by negotiation. 4. 6 NOT USED 4.7 DISPUTE RESOLUTION 4.7.1 Claims between the City and the Design Build Entity of $375,000 or less shall be resolved In accorance with the procedures establised in Part 3, Chapter 1, Article 1.5 off the California Public Contract Code, §§ 20104 et seq.; provided however that Califomia Public Contract Code § 20104.2 shall not supersede the requirements of the Contract Documents with respect to the Contractor's notification to the City of such claim or extend the time for giving of such notice as provideded in the Contract Documents. 4.7.2 Except as provided in Article 4.7.2 any other claims, disputes or other matters in controversy shall be resolved as follows. In lieu of, or prior to litigation, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association then in effect unless the parties mutualy agree otherwise to a different method of altemative dispute resolution. 4.8 WAIVER 1-31-12 Page 30 of 58 General Conditions 4' A D TcD A n ^^9^ Norte Community Park ^ ^ c ^ Contract No. 3837A 4.8.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement In this Article 4, including, without limitation, the requirements in Articles 4.2, 4.3, 4.4, and 4.5 In connection with any Claim shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements In connection with any other Claims. 4.8.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval Is ratified by execution of a written Change Order. ARTICLE 5 SUBCONTRACTORS 5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.1.1 Design Build Entity shall submit to the City's Representative an updated Expanded List of Subcontractors (see contract Standard Forms) along with their respective addresses, telephone numbers, e-mail addresses and Design Builder's license numbers. The Expanded List of Subcontractors shall be provided no later than thirty (30) days after the date which the City provides Letter of Design Review. If the Project is to proceed on a fast track/phased basis as Identified In the exhibits, then a Letter of Design Review will be Issued by the City for each such design submittal associated with a particular phase and Identified in the Standard Forms. Failure to identify Subcontractors within the time period(s) above shall commit the Design Build Entity to carrying out the Construction Work with its own forces. 5.1.2 The City has the right to request all documentation that supports the Design Build Entity's selection of a Subcontractor. The City shall have the right of final approval as to the qualificatlon(s) of a Subcontractor to perform its designated scope of work. Within the City's sole discretion, any Subcontractor may be deemed not qualified to perform work on the Project if the City or City's Representative determines that the Subcontractor falls to meet the requirements of the Contract Documents, or for any other reason. 5.1.3 The Subcontractors listed by Design Build Entity shall only be substituted in strict accordance with the "Subletting and Subcontracting Fair Practices Act" and upon the written consent of the City. Only upon compliance with the "Subletting and Subcontracting Fair Practices Acf and with the written consent of the City shall a substitution be made. 5.1.4 Any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor pursuant to above Article 5.1.3 or as required by the City or City's Representative pursuant to above Article 5.1.2, shall be borne solely by Design Build Entity. Design Build Entity shall not be entitled to any increase In Contract Sum or an extension of Contract Time due to such replacement or substitution. 5.2 SUBCONTRACTUAL RELATIONS 5.2.1 Any part of the Work performed for Design Build Entity by a first-tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the Woric to be performed by the Subcontractor, to be bound to Design Build Entity by the terms and conditions of the Contract Documents between the City and the Design Builder, to assume toward Design Build Entity all the obligations and responsibilities which Design Build Entity assumes towards the City by the Contract Documents, and to perform such portion of the Work in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the City under the Contract Documents, with respect to the Work to be performed by Subcontractor, so that subcontracting thereof will not prejudice such rights. Design Build Entity shall cause each such subcontract to expressly Include the following requirements: .1 Subcontractor waives all rights that Subcontractor may have against the City for damages caused by fire or other perils covered by builder's risk property Insurance carried by Design Build Entity or the City, except for such rights Subcontractor may have to the proceeds of such insurance held by the City under Article 11 of the General Conditions. .2 The City, and entities and agencies designated by the City, will have access to and the right to audit and the right to copy, at City's cost, all of Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Subcontractor shall preserve all such records and other items for a period of at least 3 years after Final Completion. 1-31-12 Page 31 of 58 General Conditions A D i' CD A r» ^^9^ Norte Community Park " ^^f^L-ibAU Contract No. 3837A .3 Subcontractor recognizes the rights of the City under Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts, and agrees, upon notice from the City that the City has elected to accept said assignment and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by the City, to execute a written agreement confinning that Subcontractor is bound to City under the terms of the subcontract. .4 Design Build Entity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals. This review and coordination includes, but is not limited to, resolution of any inconsistencies, errors or omissions. .5 Bonds and Insurance between any Subcontractor and Design Builder is between the two parties and the responsibility of the two parties. 5.2.2 Upon the request of the City, Design Build Entity shall promptly furnish to the City a true, complete, and executed copy of any subcontract. 5.2.3 Nothing contained In the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, the City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts. 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.3.1 Design Build Entity hereby assigns to the City all Its interest in first-tier subcontracts now or hereafter entered into by Design Build Entity for performance of any part of the Work. The assignment will be effective upon acceptance by the City in writing and only as to those subcontracts which the City designates in writing. The City may accept said assignment at any time during the course of the Work and prior to Final Completion In the event of a suspension or termination of Design Build Entity's rights under the Contract Documents. Such assignment is part of the consideration to the City for entering Into the Contract with Design Build Entity and may not be withdrawn prior to Final Completion. ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to award separate contracts for, or to perform with Its own forces, construction or operations related to the Work or other construction or operations at or affecting the Project site, Including portions of the Work which have been deleted by Change Order. Design Build Entity shall cooperate with the City's forces and Separate Contractors. 6.1.2 The City will provide coordination of the activities of the City's forces and of each Separate Contractor with the Work of Design Build Entity. Design Build Entity shall participate with the City and Separate Contractors In joint review of construction schedules and Project requirements when directed to do so. Design Build Entity shall make necessary revisions to the Contract Schedule after such joint review. 6.2 MUTUAL RESPONSIBILITY 6.2.1 Design Build Entity shall afford the City and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Design Build Entity shall connect, schedule, and coordinate its construction and operations with the construction and operations of the City and Separate Contractors as required by the Contract Documents. 6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by the City or Separate Contractors, Design Build Entity shall Inspect such other design or construction or operations before proceeding with that portion of the Work. Design Build Entity shall promptly report to the City's Representative apparent discrepancies or defects which render the other design, construction or operations unsuitable to receive the Work. IJnless othenwise directed by the City's Representative, Design Build Entity shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Design Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or 1-31-12 Page 32 of 58 General Conditions ^ A I? I* C R A n ^^9^ Norte Community Park . o (^M Contract No. 3837A operations by the City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 CITY'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between Design Build Entity and Separate Contractors as to the responsibility under their respective contracts for maintaining the Project site and surrounding areas free from waste materials and rubbish, the City may clean up and allocate the cost between those finns it deems to be responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 The City may, from time to time, order or authorize additions, deletions, and other changes In the Work by Change Order or Field Order without invalidating the Contract and without notice to sureties. Absence of such notice shall not relieve such sureties of any of their obligations to the City. 7.1.2 Design Build Entity may request a Change Order under the procedures specified In Article 4.2 of the General Conditions. 7.1.3 A Field Order may be issued by the City, does not require the agreement of Design Build Entity, and shall be valid with or without the signature of Design Build Entity. 7.1.4 Design Build Entity shall proceed promptly with any changes in the Work, unless othenwise provided in the relevant Change Order or Field Order. 7.2 CHANGES DEFINITIONS 7.2.1 A Change Order is a Contract Document (as shown in the Standard Forms) which has been signed by both the City and Design Build Entity, and states their agreement, as applicable, to any of the following: .1 A change In the Work. .2 The amount of an adjustment of the Contract Sum. .3 The amount of an adjustment of the Contract Time. .4 A modification to any other Contract term or condition. 7.2.2 A Unilateral Change Order may also be issued by the City, without Design Build Entitys signature, where the City determines that a change In the Work requires an adjustment of the Contract Sum or Contract Time as the City believes to be properiy due Design Build Entity, even though no agreement has been reached between the City and Design Build Entity with regard to such change In the Work. 7.2.3 A Field Order (as shown in the Standard Forms) is a Contract Document issued by the City that orders the Design Build Entity to perform Work. A Field Order may, but need not, constitute a change In the Work and may, but need not, entitle Design Build Entity to an adjustment of the Contract Sum or Contract Time. 7.3 CHANGE ORDER PROCEDURES 7.3.1 Design Build Entity shall provide a Change Order Request and Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3. Adjustments of the Contract Sum resulting from Extra Work and Deductive Work shall be determined using one of the methods described In this Article 7.3. Adjustments of the Contract Time shall be subject to the 1-31-12 Page 33 of 58 General Conditions r-AorcDAn Alga Norte Community Park M Contract No. 3837A provisions in Article 8 of the General Conditions. Design Build Entity's obligation to provide Cost Proposals shall be subject to the following: .1 The obligation of Design Build Entity to provide Cost Proposals is not Extra Work, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum or Contract Time. .2 The failure of Design Build Entity to timely provide a Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3.1 is a material breach of the Contract. Design Build Entity shall be responsible for any delay in implementing a change for which Design Build Entity failed to timely provide a Cost Proposal consistent with the requirements of Article 4.2 of the General Conditions and this Article 7.3.1. 7.3.2 The term "Cost of Extra Work" as used In this Article 7.3 shall mean actual costs incurred or to be incurred by Design Build Entity and each Subcontractor regardless of tier Involved, to the extent not othenwise disallowed under Article 7.3.3, and shall be limited to the following (to the extent the Design Build Entity demonstrates that the costs are both reasonable and actually incurred. If such costs have been Incurred): .1 Straight-time wages or salaries for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. .2 Fringe Benefits and Payroll Taxes for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. Except: Bonuses, cell phone units and portable computers, entertainment, etc. .3 Overtime wages or salaries, specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site. Incurred as a result of performance of the Extra Work. .4 Fringe Benefits and Payroll Taxes for overtime Work specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site. Incurred as a result of performance of the Extra Work. .5 Costs of materials and consumable Items which are furnished and Incorporated Into the Extra Work, as approved by the City's Representative. Such costs shall be charged at the lowest price available to the Design Build Entity but In no event shall such costs exceed competitive costs obtainable from other Subcontractors, suppliers, manufacturers, and distributors In the area of the Project site. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the City and Design Build Entity shall make provisions so that they may be obtained. .6 Sales taxes on the costs of materials and consumable items which are Incorporated into and used in the perfonnance of the Extra Work pursuant to Article 7.3.2.5 above. .7 Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by the City's Representative, exclusive of hand tools, used directly In the performance of the Extra Work. Such rental charges shall not exceed the current Equipment Rental Rates published by the California Department of Transportation for the area in which the work Is performed. Such rental rates are found at http://www.dot.ca.gov/hq/construc/equipmnt.html . Design Build Entity shall attach a copy of said schedule to the Cost Proposal. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work. .8 Additional costs of royalties and permits due to the performance of the Extra Work. .9 Cost for revisions in the Construction Documents, when such revisions are inconsistent with approvals or instructions previously given by the City. Revisions made necessary by adjustments in the City's program or project budget such costs to be computed at the houriy rates specified in the Design Professional Rate Schedule in the Contract Documents. .10 The cost for Insurance and Bonds shall be actual and mirror overall contract terms .1 through .9 above. The City and Design Build Entity may agree upon rates to be charged for any of the items listed In this Article 7.3.2. Such agreed upon rates shall be subject to audit pursuant to Article 15.7 of the General Conditions. Design Build Entity shall 1-31-12 Page 34 of 58 General Conditions A t? R A n ^^9^ Norte Community Park M Contract No. 3837A promptly refund to the City any amounts (Including associated mark-ups) In excess of the actual costs of such Items. 7.3.3 Cost of Extra Woric shall not include any of the following: .1 Superintendent(s).2 Assistant Superintendent(s) .3 Project Engineer(s) .4 Project Manager(s) .5 Scheduler(s) .6 Estlmator(s) .7 Small tools (Replacement value does not exceed $300) .8 Office expenses including staff, materials and supplies. .9 On-site or off-site trailer and storage rental and expenses. .10 Site fencing. .11 Utilities including gas, electric, sewer, water, telephone, facsimile, copier equipment. .12 Data processing personnel and equipment. .13 Federal, state, or local business Income and franchise taxes. .14 Overhead and Profit. .15 Costs and expenses of any kind or item not specifically and expressly included in Article 7.3.2 above. .16 Costs in Article 7.3.2.9 in excess of the houriy rates Included in the Design Professional Rate Schedule. 7.3.4 The term "Design Build Entity Fee" shall mean the full amount of compensation, both direct and indirect (including without limitation all overhead and profit), to be paid to Design Build Entity for its own Work and the Work of all Subcontractors, for all costs and expenses not included in the Cost of Extra Work, whether or not such costs and expenses are specifically referred to in Article 7.3.3 above. The Design Build Entity Fee shall not be compounded. The Design Build Entity Fee shall be computed as follows when the change impacts the Constmction Work, or for the portion of the change that Is related to Construction Work: .1 Ten percent (10%) of the cost of that portion of the Extra Work to be performed by the Design Build Entity with Its own forces. .2 Ten percent (10%) of the cost of that portion of the Woric to be performed by a Subcontractor with its own forces, plus 5% for the Design Build Entity. Total combined Design Build Entity and Subcontractor fee shall not exceed 15%. .3 Ten percent (10%) of the cost of that portion of the Work to be performed by a sub-Subcontractor with Its own forces, or any lower tier of Subcontractor, plus 5% for the Subcontractor, plus 5% for the Design Build Entity. Total combined Design Build Entity, Subcontractor and all sub-Subcontractor fees shall not exceed 20%. .4 Notwithstanding the foregoing, the Design Build Entity Fee for additional Design Work under 7.3.2.9 of the General Conditions shall be 3% of the cost of such additional Design Work performed by a Design Professional. The cost of such additional Design Work shall be computed using the houriy rates in the Standard Forms. The fee for the Design Professional Subcontractors shall be the overhead/profit rate specified in the Design Professional Rate Schedule. 7.3.5 Compensation for Extra Work shall be computed on the basis of one or more of the following: .1 Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of the Unit Prices to the quantities of the Items Involved. .2 Where the Work involved is not covered In the RFP or by Unit Prices contained in the Contract Documents, by application of the Unit Prices In 2012 RS Means Cost Data multiplied by the quantity to be adjusted multiplied 1-31-12 Page 35 of 58 General Conditions ^4 r^ADTcDAn Alga Norte Community Park ' Contract No. 3837A by the appropriate adjustment factor. .3 Where the Work involved requires revisions to the Construction Documents when such revisions are Inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments In the City's program or project budget, by application of the houriy rates reflected In the Design Professional Rate Schedule. .4 Where Articles 7.3.5.1, 7.3.5.2 and 7.3.5.3 above are not applicable, a mutually agreed upon lump sum supported by a Cost Proposal pursuant to Article 7.3.1 of the General Conditions. .5 If the City and Design Build Entity cannot agree upon a lump sum , by Cost of Extra Work plus Design Build Entity Fee applicable to such Extra Work. 7.3.6 As a condition to Design Build Entity's right to an adjustment of the Contract Sum, pursuant to Article 7.3.5.5 above, Design Build Entity must keep dally detailed and accurate records itemizing each element of cost and shall provide substantiating records and documentation. Including time cards and invoices. Such records and documentation shall be submitted to and approved by the City's Representative on a dally basis. 7.3.7 For Work to be deleted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following: .1 Unit Prices stated in the Contract Documents. .2 Unit Prices agreed upon by the City and Design Build Entity. .3 Where Unit Prices are not applicable, a lump sum agreed upon by the City and Design Build Entity, based upon the actual costs which would have been incurred in performing the deleted portions of the Work as calculated In accordance with Articles 7.3.2 and 7.3.3 above and supported by a Cost Proposal pursuant to Article 7.3.1 above. 7.3.8 If any one Change involves both Extra Work and Deleted Work in the same portion of the Work, a Design Build Entity Fee will not be allowed If the deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, a Design Build Entity Fee will be allowed only on the difference between the two amounts. 7.3.9 The Contract Sum will be adjusted for a delay If, and only If, Design Build Entity demonstrates that all of the following four conditions are met: .1 Condition Number One: The delay results in an extension of the Contract Time pursuant to Article 8.4.1 of the General Conditions. .2 Condition Number Two: The delay is caused solely by one, or more of the following; .1 An error or omission in the Contract Documents caused by the City and not as a result of Design Build Entity's failure to conform to criteria documents, performance standards. Construction Documents, or Contract Documents; or .2 The City's decision to change the scope of the Work, where such decision Is not the result of any default or misconduct of the Design Build Entity; or .3 The City's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .4 The failure of the City (Including the City acting through its consultants. Design Professionals, Separate Contractors or the Citys Representative) to perform any Contract obligation where the failure to so perform is not the result of any default or misconduct of the Design Build Entity. .5 A materially differing site condition pursuant to Article 3.24 of the General Conditions. .3 Condition Number Three: The delay is not concurrent with a delay that is caused by an event other than those listed In Article 7.3.9.2 above. 1-31-12 Page 36 of 58 General Conditions 1^ A D C R A n ^^9^ Norte Community Park UAKL5bAL> Contract No. 3837A .4 Condition Number Four: The delay Is not caused, in whole or in part, by an event which occurs during the perfonnance of completing the construction drawings. 7.3.10 For each day of delay that meets all four conditions prescribed in Article 7.3.9 above, the Contract Sum will be adjusted by the daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays as agreed upon for the applicable Phase. Pursuant to Article 9.7.4 of the General Conditions, said daily rate shall not apply to delays occurring after Substantial Completion. 7.3.11 Except as provided In Articles 7 and 8, Design Build Entity shall have no claim for damage or compensation for any delay, Interruption, tiindrance, or disruption. 7.3.12 If for any reason one or more of the conditions prescribed in Article 7.3.9 above Is held legally unenforceable, the remaining conditions must be met as a condition to obtaining an adjustment of the Contract Time under Article 7.3.10 above. 7.4 FIELD ORDERS 7.4.1 Field Orders issued by the City's Representative shall be subject to the following: .1 A Field Order may state that it does or does not constitute a change in the Work. .2 If the Field Order states that it does not constitute a change in the Work and the Design Build Entity asserts that the Field Order constitutes a change in the Work, in order to obtain an adjustment of the Contract Sum or Contract Time for the Work encompassed by the Field Order, Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time arising from perfonnance of the Work described in the Field Order. .3 If the Field Order states that it does constitute a change in the Work, the Work described in the Field Order shall be considered Extra Work and the Design Build Entity shall be entitled to an adjustment of the Contract Sum and Contract Time, calculated under and subject to Design Build Entity's compliance with the procedures for verifying and substantiating costs and delays in Articles 7 and 8 of the General Conditions. .4 In addition. If the Field Order states that it does constitute a change In the Work, the Field Order may or may not contain the City's estimate of adjustment of Contract Sum and/or Contract Time. If the Field Order contains an estimate of adjustment of Contract Sum or Contract Time, the Field Order is subject to the following: .1 The Design Build Entity shall not exceed the City's estimate of adjustment to Contract Sum or Contract Time without written authorization by the Citys Representative. .2 If the Design Build Entity asserts that the change in the Work encompassed by the Field Order may entitle Design Build Entity to an adjustment of Contract Sum or Contract Time in excess of the City's estimate, In order not to be bound by the City's estimate Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time, In excess of the City's estimate, arising from performance of the Work described in the Field Order. 7.4.2 Upon receipt of a Field Order, Design Build Entity shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Design Build Entity concerning whether the Work Is extra. 7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK 7.5.1 The City has the right to increase or decrease the quantity of any Unit price item for which an estimated quantity is stated in the Bid Form. 7.6 WAIVER 1-31-12 Page 37 of 58 General Conditions r"ADI^CRAr» ^^9^ Norte Community Park ' Contract No. 3837A 7.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement In this Article 7, including, without limitation, the requirements in Articles 7.3.6, 7.3.8, 7.3.9, 7.3.10, 7.3.11, or 7.3.12 In connection with any adjustment of the Contract Sum, will not constitute a waiver of, and will not preclude the City, or City's Representative, from enforcing such requirements In connection with any other adjustments of the Contract Sum. 7.6.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any adjustment of the Contract Sum by the City or its agents shall be binding upon the City unless and until such approval Is ratified by execution of a written change order. ARTICLE 8 CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK 8.1.1 The date of commencement of the Phase of the Work shall be set forth in the applicable Notice To Proceed. The date of commencement of the Work shall not be postponed by the failure of Design Build Entity, Subcontractors, or of persons or firms for whom Design Build Entity is responsible, to act. 8.2 PROGRESS AND COMPLETION 8.2.1 By signing the Agreement: .1 Design Build Entity represents to the City that the Contract Time is reasonable for performing the Work and that Design Build Entity is able to perform the Work within the Contract Time. .2 Design Build Entity agrees that the City is purchasing the right to have the Design Build Entity present on the Project site for the full duration of the Contract Time applicable to the Construction Phase, even if Design Build Entity could finish the Contract In less than the Contract Time. 8.2.2 Design Build Entity shall not, except by agreement or Instruction of the City in writing, commence operations on the Project site or elsewhere prior to the effective date of Insurance required by Article 11 of the General Conditions to be furnished by Design Build Entity. The dates of commencement and Final Completion of the Work shall not be changed by the effective date of such Insurance. 8.2.3 Design Build Entity shall proceed expeditiously with adequate forces and shall achieve Final Completion of the Work within the Contract Time. If the City's Representative determines and notifies Design Build Entity that Design Build Entity's progress is such that Design Build Entity will not achieve Final Completion of the Work within the Contract Time, Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, Including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that Design Build Entity will achieve Final completion of the Work within the Contract Time. Upon receipt of such notice from the City's Representative, Design Build Entity shall immediately notify the City's Representative of all measures to be taken to ensure Final Completion of the Work within the Contract Time. Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City's employees) Incurred by the City as the result of such measures. 8.3 DELAY 8.3.1 Except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of delays to the Work; and .2 That Design Build Entitys Proposal for the Contract was made with full knowledge of this risk. 8.3.2 In agreeing to bear the risk of delays to the Work, Design Build Entity understands that, except and only to the extent provided othenwise In Articles 7 and 8 of the General Conditions, the occurrence of events that delay the Work shall not excuse Design Build Entity from its obligation to achieve Final Completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 1-31-12 Page 38 of 58 General Conditions ^ A D i' C D A n ^^9^ Norte Community Park ^ADI CDAP^ mya i^uiic y^uiiiiiiuiiny raii\ L.AKL:)bAL; Contract No. 3837A 8.4 ADJUSTMENT OF THE CONTRACT TIME FOR DELAY - LD's $500.00 8.4.1 Subject to Article 8.4.2 below, the Contract Time will be extended for each day of delay for which Design Build Entity demonstrates that all of the following four conditions have been met; a time extension will not be granted for any day of delay for which Design Build Entity fails to demonstrate compliance with the four conditions: .1 Condition Number One: The delay Is critical. A delay is critical if and only to the extent it delays a work activity that cannot be delayed without delaying Final Completion of the Work to a date that Is beyond the Contract Time. The Baseline Contract shall be the basis for determining the critical path activities. .2 Condition Number Two: Within 7 days of the date the Design Build Entity discovers or reasonably should discover an act, error, omission or unforeseen condition or event causing the delay is likely to have an impact on the critical path ot the Project, (even if the Design Build Entity has not yet been delayed when the Design Build Entity discovers or reasonably should discover the critical path impact of the act, error, omission or unforeseen condition giving rise to the delay) the Design Build Entity submits a timely and complete Change Order Request that meets the requirements of Article 4.2 of the General Conditions. .3 Condition Number Three: The delay is not caused by: .1 A concealed, unforeseen or unknown condition or event except for a materially differing site condition pursuant to Article 3.24 of the General Conditions; or .2 The financial inability, misconduct or default of the Design Build Entity, a Subcontractor or supplier; or .3 The unavailability of materials or parts; or .4 An error or omission in the Contract Documents caused by Design Build Entity or Design Build Entity's Design Consultants. .4 Condition Number Four: The delay is caused by; .1 Fire; or .2 Strikes, boycotts, or like obstmctive actions by labor organizations; or .3 Acts of God (As used herein, "Acts of God" shall Include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves); or .4 A materially differing site condition pursuant to Article 3.24 of the General Conditions; or .5 An error or omission In the Contract Documents caused by the City; or .6 The City's decision to change the scope of the Work, where such decision Is not the result of any default or misconduct of the Design Build Entity; or .7 The City's decision to suspend the Work, where such decision Is not the result of any default or misconduct of the Design Build Entity; or .8 The failure of the City (including the City acting through its consultants. Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation unless such failure is due to Design Build Entitys default or misconduct. .9 "Adverse weather" but only for such days of adverse weather, or on-site conditions caused by adverse weather, that are In excess of the number of days specified In the Supplementary Conditions. In order for a day to be considered a day of adverse weather for the purpose of determining whether Design Build Entity is entitled to an adjustment in Contract Time, both of the following conditions must be met: .1 The day must be a day in which, as a result of adverse weather, less than one half day of critical path work is performed by Design Build Entity; and 1-31-12 Page 39 of 58 General Conditions r~ADl°CDAn Alga Norte Community Park " Contract No. 3837A .2 The day must be identified in the Contract Schedule as a scheduled work day. 8.4.2 If and only if a delay meets all four conditions prescribed in Article 8.4.1 above, then a time extension will be granted for each day that Final Completion of the Work Is delayed beyond the Contract Time, subject to the following: .1 When two or more delays (each of which meet all four conditions prescribed in Article 8.4.1 above) occur concurrently on the same day, and each such concurrent delay by itself without consideration of the other delays would be critical, then all such concurrent delays shall be considered critical. For the purpose of determining whether and to what extent the Contract Time should be adjusted pursuant to this Article 8.4.2, such concurrent critical delays shall be treated as a single delay for each such day. .2 Design Build Entity shall be entitled to a time extension for a day of delay that meets all four requirements of Article 8.4.1 above If the delay is concurrent with a delay that does not meet all four conditions of Article 8.4.1 above. 8.4.3 If for any reason one or more of the four conditions prescribed in Article 8.4.1 above is held legally unenforceable, then all remaining conditions must be met as a condition to obtaining an extension of the Contract Time under Article 8.4.2 above. 8.5 COMPENSATION FOR DELAY 8.5.1 To the maximum extent allowed by law, any adjustment of the Contract Sum as the result of delays shall be limited to the amounts specified in Article 7 of the General Conditions. Such adjustment shall, to the maximum extent allowed by law, constitute payment in full for all delay related costs (including costs for disruption. Interruption and hindrance, general conditions, on and off-site overhead and profit) of Design Build Entity, its Suppliers and Subcontractors of all tiers and all persons and entities working under or claiming through Design Build Entity in connection with the Project. 8.5.2 By signing the Agreement, the parties agree that the City is buying the right to do any or all of the following, which are reasonable and within the contemplation of the parties: .1 To order changes in the Work, regardless of the extent and number of changes, including without limitation: .1 Changes to correct errors or omissions caused by the City, if any, in the Contract Documents. .2 Changes resulting from the Citys decision to change the scope of the Work subsequent to execution of the Contract. .3 Changes due to unforeseen conditions. .2 To suspend the Work or any part thereof. .3 To delay the Work, including without limitation, delays resulting from the failure of the City or the City's Representative to timely perform any Contract obligation and delays for the City's convenience. 8.6 WAIVER 8.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement In this Article 8, including without limitation the requirements in Article 8.4 above, in connection with any or all past delays shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any present or future delays. 8.6.2 Design Build Entity agrees and understands that no oral approval, either express or Implied, of any time extension by the City or Its agents shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 COST BREAKDOWN 1-31-12 Page 40 of 58 General Conditions /^ADl'cDAn ^^9^ Norte Community Park ^ L.AKL5bAU Contract No. 3837A 9.1.1 Within 10 days after receipt of the Construction Notice to Proceed for Phase 3, Design Build Entity shall submit to the City's Representative a Cost Breakdown of the Contract Sum in the form contained in the Standard Forms. The Cost Breakdown shall Itemize as separate line Items the cost of each work activity and all associated costs, including but not limited to warranties, as-bullt documents, overhead expenses, and the total allowance for profit. Insurance and bonds shall each be listed as separate line items. The total of all line items shall equal the Contract Sum. The Cost Breakdown, when approved by the Citys Representative, shall become the basis for determining the cost of Work perfonned for Design Build Entity's Applications for Payment. 9.2 PROGRESS PAYMENT 9.2.1 The City agrees to pay monthly to Design Build Entity, subject to Article 9.4.3 of the General Conditions, an amount equal to 95% of the sum of the following: .1 Cost of the Construction Work in permanent place as of the date of the Design Build Entity's Application For Payment. .2 Cost of materials not yet incorporated in the Construction Woric, subject to Article 9.3.5 of the General Conditions. .3 Less amounts previously paid. .4 During the Design Work, the City shall pay Design Build Entity monthly a uniform amount prorated, based on the Contract Time and Contract Sum associated with the Construction Documents Phase. Under this Article 9.2.1, City may, but is not required to, pay Design Build Entity more frequently than monthly. 9.2.2 After Substantial Completion and subject to Article 9.4.3 of the General Conditions, the City will make any of the remaining progress payments in full. 9.3 APPLICATION FOR PAYMENT 9.3.1 On or before the 5th day of the month or such other date as is established by the Contract Documents, Design Build Entity shall submit to the Citys Representative an Itemized Application For Payment, for the cost of the Work in permanent place, as approved by the City's Representative, which has been completed in accordance with the Contract Documents, less amounts previously paid. The Application For Payment shall be prepared as follows; .1 Use the form contained in the Standard Forms. .2 Itemize in accordance with the Cost Breakdown as applicable. .3 Include such data substantiating Design Build Entity's right to payment as the Citys Representative may reasonably require, such as invoices, certified payrolls, daily time and material records, and. If securities are deposited In lieu of retention pursuant to Article 9.5 of the General Conditions, a certification of the market value of all such securities as of a date not eartier than 5 days prior to the date of the Application For Payment as applicable. .4 Itemize retention. 9.3.2 Applications For Payment shall not Include requests for payment on account of (1) changes which have not been authorized by Change Orders or (2) amounts Design Build Entity does not Intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by the City, an Application For Payment shall be accompanied by (1) a summary showing payments that will be made to Subcontractors covered by such application and conditional releases upon progress payment or final payment and (2) unconditional waivers and releases of claims and stop notices, in the form contained in the Standard Forms, from each Subcontractor listed in the preceding Application For Payment covering sums disbursed pursuant to that preceding Application For Payment. 1-31-12 Page 41 of 58 General Conditions r^ADl'cDAn ^^9^ Norte Community Park " ^AKLibAU Contract No. 3837A 9.3.4 Design Build Entity warrants that, upon submittal of an Application For Payment, all Work, for which Certificates For Payment have been previously issued and payment has been received from the City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Design Build Entity, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to the Work. 9.3.5 At the sole discretion of the City, City's Representative may approve for inclusion in the Application For Payment the cost of materials not yet Incorporated in the Construction Work but already delivered and suitably stored either at the Project site or at some other appropriate location acceptable to the City's Representative. In such case, Design Build Entity shall furnish evidence satisfactory to the City's Representative (1) of the cost of such materials; and (2) that such materials are under the exclusive control of Design Build Entity. Only materials to be Incorporated In the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials nor relieve Design Build Entity from sole responsibility for the care and protection of such materials; nor relieve Design Build Entity from risk of loss to such materials from any cause whatsoever; nor relieve Design Build Entity from its obligation to complete the Work in accordance with the Contract; nor act as a waiver of the right of the City to require fulfillment of all terms of the Contract. Nothing contained within this Article 9.3.5 shall be deemed to obligate the City to agree to payment for any non-Incorporated materials or any part thereof, payment being in the sole and absolute discretion of the City. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 If Design Build Entity has submitted an Application For Payment in accordance with Article 9.3 above, the City's Representative shall, not later than 5 working days after the date of receipt of the Application For Payment, Issue to the City, with a copy to Design Build Entity, a Certificate For Payment for such amount as the City's Representative detennines to be properiy due. 9.4.2 If any such Application For Payment is determined not to be in accordance with Article 9.3 above, the City will Inform Design Build Entity as soon as practicable, but not later than 5 working days after receipt. Thereafter, Design Build Entity shall have 3 days to revise and resubmit such Application For Payment; othenwise the City's Representative may issue a Certificate For Payment In the amount that the City's Representative determines to be properly due without regard to such Application For Payment. 9.4.3 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld, and all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment on account of any of the following; .1 Defective Work not remedied. .2 Third-party claims against Design Build Entity or the City arising from the acts or omissions of Design Build Entity or Subcontractors. .3 Stop notices. .4 Failure of Design Build Entity to make timely payments due Subcontractors. (Stop Notices are withheld at 1.25% per Public Contract Code) .5 A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid. .6 Damage to the City or Separate Contractor for which Design Build Entity Is responsible. .7 Reasonable evidence that the Work will not be completed within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover the City's damages for the anticipated delay. .8 Failure of Design Build Entity to maintain and update as-built documents. .9 Failure of Design Build Entity to submit schedules or their updates as required by the Contract Documents. .10 Failure to provide conditional or unconditional releases from any Subcontractor or supplier, if such waiver(s) have been requested by the City's Representative. .11 Performance of Work by Design Build Entity without property processed Shop Drawings. 1-31-12 Page 42 of 58 General Conditions "^^^ r^Ani°cDAnk Alga Norte Community Park LAKLbbAU Contract No. 3837A .12 Liquidated damages assessed in accordance with the Agreement. .13 Failure to provide updated Reports of Subcontractor Information and Self-Certifications, as applicable. .14 Failure to provide a Final Distribution of Contract Dollars with final Application for Payment. .15 Any other failure of Design Build Entity to perform Its obligations under the Contract Documents. 9.4.4 Subject to the withholding provisions of Article 9.4.3 of the General Conditions, the City will pay Design Build Entity the amount set forth in the Certificate For Payment no later than 10 days after the Issuance of the Certificate For Payment. 9.4.5 Neither the City nor City's Representative will have an obligation to pay or to see to the payment of money to a Subcontractor, except as may othenwise be required by law. 9.4.6 Neither a Certificate for Payment nor a progress payment made by the City will constitute acceptance of Defective Work. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of Design Build Entity, a substitution of securities may be made for any monies retained by the City under Article 9.2 to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Design Build Entity with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the escrow agreement referred to in Article 9.5.3 until retention is due In accordance with Article 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Design Build Entity shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention. 9.5.2 Alternatively to Article 9.5.1 above, and at the request and expense of Design Build Entity, the City will deposit retention directly with Escrow Agent. Design Build Entity may direct the investment of such deposited retention into Interest bearing accounts or securities, and such deposits or securities shall be held by Escrow Agent upon the same terms provided for securities deposited by Design Build Entity. Design Build Entity and its surety shall bear the risk of failure of the Escrow Agent selected. 9.5.3 A prerequisite to the substitution of securities In lieu of retention or the deposit of retention Into escrow shall be the execution by Design Build Entity, the City, and Escrow Agent of an Escrow Agreement for Deposit of Securities In Lieu of Retention and Deposit of Retention In the fonn contained In the Standard Forms. The Design Build Entity shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities In Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. The terms of such escrow agreement are incorporated into the requirements of this Article 9.5. 9.6 BENEFICIAL OCCUPANCY 9.6.1 The City reserves the right, at Its option and convenience, to occupy or othenwise make use of any part of the Construction Work at any time prior to Substantial Completion or Final Completion upon 10 days' notice to Design Build Entity. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions: .1 The Citys Representative will make an inspection of the portion of the Project to be beneficially occupied and prepare a list of items to be completed or corrected prior to Final Completion. Prior to Beneficial Occupancy, the City will issue a Certificate of Beneficial Occupancy on the City's form. .2 Beneficial Occupancy by the City shall not be construed by Design Build Entity as an acceptance by the City of that portion of the Construction Work which is to be occupied. .3 Beneficial Occupancy by the City shall not constitute a waiver of existing claims of the City or Design Build Entity against each other. .4 Design Build Entity shall provide. In the areas beneficially occupied and on a 24 hour and 7 day week basis as required, utility services, heating, and cooling for systems which are in operable condition at the time of 1-31-12 Page 43 of 58 General Conditions CITY /~ A DI CRAn ^^9^ Norte Community Park Contract No. 3837A Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Design Build Entity while the equipment is so operated. Design Build Entity shall submit to the City an itemized list of each piece of equipment so operated with the date operation commences. The Guarantee to Repair Periods, as defined In Article 12.2, will commence upon the occupancy date stated in the Certificate of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Work for which the City has not taken Beneficial Occupancy or issued a Certificate of Substantial Completion shall not commence until the City has taken Beneficial Occupancy for that portion of the Work or has issued a Certificate of Substantial Completion with respect to the entire Project. .5 The City will pay all normal operating and maintenance costs resulting from its use of equipment In areas beneficially occupied. .6 The City will pay all utility costs which arise out of the Beneficial Occupancy. .7 Design Build Entity shall not be responsible for providing security in areas beneficially occupied. .8 The City will use its best efforts to prevent its Beneficial Occupancy from Interfering with the conduct of Design Build Entity's remaining Work. .9 Design Build Entity shall not be required to repair damage caused by the City In Its Beneficial Occupancy. .10 Except as provided in this Article 9.6, there shall be no added cost to the City due to Beneficial Occupancy. .11 Design Build Entity shall continue to maintain all insurance required by the Contract in full force and effect. 9.7 SUBSTANTIAL COMPLETION 9.7.1 "Substantial Completion" means the stage in the progress of the Construction Work, as determined by the City's Representative, when the Construction Work Is complete and in accordance with the Contract Documents except only for completion of minor Items which do not Impair the City's ability to occupy and fully utilize the Construction Work for its Intended purpose and a Certificate of Occupancy has been Issued by the City's Representative. 9.7.2 When Design Build Entity gives notice to the City's Representative that the Construction Woric Is substantially complete, unless the City's Representative determines that the Construction Work is not sufficiently complete to warrant an inspection to determine Substantial Completion, the Citys Representative will inspect the Construction Work. If the City's Representative determines that the Work Is not substantially completed the City's Representative will prepare and give to Design Build Entity a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Design Build Entity shall proceed promptly to complete and correct Items on the list. Failure to Include an item on such list does not alter the responsibility of Design Build Entity to complete all Construction Woric In accordance with the Contract Documents. Upon notification that the Items on the list are completed or corrected, as applicable, the City's Representative will make an Inspection to determine whether the Construction Work is substantially complete. Costs for additional inspection by the City's Representative shall be deducted from any monies due and payable to Design Build Entity. 9.7.3 When the City's Representative determines that the Construction Work Is substantially complete, the City's Representative will arrange for inspection by the City and other officials, as appropriate, for the purpose of Issuing a Certificate of Occupancy. After a Certificate of Occupancy has been issued by all permitting and licensing entities, the City's Representative will prepare a Certificate of Substantial Completion on the Citys form as contained in the Standard Forms, which, when signed by the City, shall establish the date of Substantial Completion and the responsibilities of the City and Design Build Entity for security, maintenance, utilities, insurance, and damage to the Construction Work. The City's Representative will prepare and furnish to the Design Build Entity a comprehensive "punch list" of Items to be completed or corrected prior to Final Completion. 9.7.4 Unless othenwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work covered by the Certificate of Substantial Completion, shall commence on the date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or systems that: .1 Are not operational (equipment or systems shall not be considered operational if they cannot be used the intended sen/Ice; or 1-31-12 Page 44 of 58 General Conditions ^S. /^AorcDAr^ Alga Norte Community Park CAKLbbAL; Contract No. 3837A .2 Are not accepted by the City. 9.7.5 The Guarantee to Repair Period for equipment or systems which become fully operational and accepted subsequent to Substantial Completion will begin on the date of their written acceptance by the City. 9.7.6 The daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays shall not apply to any delays occurring after the Work Is substantially completed. 9.8 FINAL COMPLETION, FINAL PAYMENT, AND RELEASE OF RETENTION 9.8.1 Upon receipt of notice from Design Build Entity that the Work is ready for final inspection, the Citys Representative will make such inspection. Final Completion shall be when the Citys Representative determines that the Work Is fully completed and In accordance with the Contract Documents, Including without limitation, satisfaction of all "punch list" Items, and determines that a Certificate of Occupancy has been issued by the City and all permitting and licensing entities. The City will file a Notice of Completion within 10 days after Final Completion. After receipt of the final Application For Payment, if the City's Representative determines that Final Completion has occurred, the City's Representative will issue the final Certificate For Payment. Final Completion must occur with 90 days of Substantial Completion. Failure to achieve Final Completion within 90 days will change the Substantial Completion Date, causing Liquidated Damages to be assessed to the Design Build Entity for each day Final Completion is delayed. 9.8.2 Final payment and retention shall be released to Design Build Entity, as set forth in Article 9.8.3, after: .1 Design Build Entity submits the final Application For Payment and all submittals required in accordance with Article 9.3; .2 Design Build Entity submits all guarantees and warranties procured by Design Build Entity from Subcontractors, all operating manuals for equipment installed In the Project, as-built documents, and all other submittals required by the Contract Documents; .4 The City's Representative issues the final Certificate For Payment. At its sole discretion, after Final Completion, the City may waive the requirement that Design Build Entity submit a final Application For Payment before making final payment and/or release of retention to Design Build Entity. 9.8.3 Final payment shall be paid not more than 10 days after the City's Representative Issues the final Certificate For Payment. Retention shall be released to Design Build Entity 35 days after the filing of the Notice of Completion. 9.8.4 Acceptance of final payment by Design Build Entity shall constitute a waiver of all claims, except claims for retention and claims previously made in writing and identified by Design Build Entity as unsettled at the time of the final Application For Payment. Neither final payment nor any remaining retained percentage shall become due until the Design Builder submits to the City (1) an affidavit that payrolls, bills for materials and equipment, and other Indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or othenwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design Builder knows of no substantial reason that the Insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security Interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Design Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien. Including all costs and reasonable attorneys' fees. Design Builder shall also furnish all warranties, guarantees, record documents, operating and maintenance manuals and shall have reviewed all equipment and facility operations and maintenance with the Owner, prior to issuance of the Certificate of Final Completion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 1-31-12 Page 45 of 58 General Conditions CITY OF r* A RI <\RA n ^^9^ Norte Community Park ^^^f-->f^f\U Contract No. 3837A 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 Design Build Entity shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 Design Build Entity shall take adequate precautions for safety of and shall provide adequate protection to prevent damage, injury, or loss to the following; .1 Employees involved In the Construction Woric and other persons who may be affected thereby. .2 The Construction Work In place and materials and equipment to be incorporated therein, whether in storage on or off the Project site, under care, custody, or control of Design Build Entity or Subcontractors. .3 Other property at the Project site and adjoining property. 10.2.2 Design Build Entity shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection. Including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 10.2.3 When use or storage of explosives, other hazardous materials, equipment, or unusual methods are necessary for execution of the Construction Work, Design Build Entity shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. 10.2.4 Design Build Entity shall designate a responsible member of Design Build Entity's organization at the Project site whose duty shall be the prevention of accidents. . 10.2.5 Design Build Entity shall not load, or permit any part of the Construction Work or the Project site to be loaded, so as to endanger the safety of persons or property. 10.3 EMERGENCIES 10.3.1 In an emergency affecting the safety or condition of persons or property, Design Build Entity shall act to prevent or minimize damage, injury, or loss. Design Build Entity shall promptly notify the City's Representative, which notice may be oral followed by written confirmation, of the occurrence of such an emergency and Design Build Entity's action. ARTICLE 11 INSURANCE AND BONDS 11.1 DESIGN BUILDER'S INSURANCE 11.1.1 Design Builder shall, obtain, pay for and maintain, or cause to be obtained, paid for and maintained, insurance acceptable to the City that covers claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Design Builder, Design Builder's agents, representatives, employees, or Subcontractors. The cost of the required insurance is Included in the contract price. No work shall start until compliance with all Insurance requirements has been met and approved by the City. Coverages and Limits. Design Builder shall maintain the types of coverages and minimum limits indicated herein. If the Design Builder maintains higher limits than the minimums shown below, the City shall be entitled to coverage for higher limits maintained by the Design Builder. All policies will remain In full force and effect throughout the term of the Project and, when there is an extended reporting period, shall remain In effect for the time stipulated. 11.1.2 The following policies and coverage shall be furnished by Design Builder: 1-31-12 Page 46 of 58 General Conditions '^^^ r^AorcDAn Alga Norte Community Park ^ eAKL:>bAL-^ Contract No. 3837A .1 COMMERCIAL FORM GENERAL LIABILITY INSURANCE; $10,000,000 per occurrence, $10,000,000 products/completed operations, and $10,000,000 general aggregate limits annually (applicable separately to the Project with endorsement CG-25-03 or equivalent) covering all operations by or on behalf of the Design Builder arising out of construction of the Project, including independent Design Builders, bodily injury, personal injury, property damage, personal and advertising liability, and liability assumed under an Insured contract. The policy form shall be at least as broad as Insurance Services Office (ISO) form CG0001. The policy shall not include exclusions for property damage from explosion, collapse or underground hazard, or inadvertent construction defects. The products and completed operations coverage shall be maintained throughout the design-build period and shall extend for a period of not less than 10 years beginning from the time work under this Contract is completed. Insurance may be met through a combination of primary and excess coverage as long as the excess coverage is written on a "follow form" or umbrella basis. The umbrella or excess liability policy shall contain a clause stating that it takes effect (drops down) In the event the primary aggregate limits are Impaired or exhausted. The Commercial General Liability policy shall be endorsed to add that the City, Its officials, employees and volunteers are additional insureds with respect to liability arising out of or connected with work, activities or operations performed by or on behalf of the Design Builder, including materials, parts or equipment furnished In connection with such work or operations; and Including products and completed operations of the Design Builder; and premises owned, leased, hired or borrowed by the Design Builder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. Coverage for such additional Insureds Is not Intended and does not extend liability to the extent prohibited by Insurance Code Section 11580.04. Additional insured coverage shall be provided by an endorsement(s) providing coverage at least as broad as ISO Additional Insured endorsement form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01. The endorsement shall be submitted to the City. The Commercial General Liability Policy shall be endorsed to 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 Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Commercial General Liability policy shall state that the insurance shall apply separately to each Insured against whom a claim is made or a lawsuit is brought, subject only to the limits of the insurer's liability. .2 BUSINESS AUTOMOBILE LIABILITY INSURANCE; $5,000,000 per accident for bodily Injury and property damage. The policy form shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (Any Auto). The Business Automobile Liability policy shall contain a provision that the City, its officials, employees and volunteers are insureds with respect to liability arising out of or connected with work under this contract. The Business Automobile policy 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 Design Builder's insurance and shall not contribute with It. The Business Auto policy shall state that the Design Builder'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. .3 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers' Compensation Insurance offered by the State Compensation Insurance Fund is acceptable to the City. The Workers' Compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Design Builder, its employees, agents and subcontractors. The endorsement shall be submitted to the City. .4 PROFESSIONAL LIABILITY INSURANCE: $10,000,000 per occurrence (or claim if policy is written on a claims made basis), and In the aggregate and shall either be in the form of a practice policy or a project specific policy. Design Builder agrees to maintain, and shall cause to be maintained by other Design Builders and Subcontractors who are involved in design work or other professional services, professional liability Insurance 1-31-12 Page 47 of 58 General Conditions ^"T^ A t? 1° R A n ^^9^ Norte Community Park Contract No. 3837A specifically designed to protect against acts, errors or omissions of the Design Builder or other Design Builders or Subcontractors as appropriate, and "Professional Services" as designated and any such policy must specifically include services perfonned under this Contract. If policy is written on a claims made basis. Design Builder or other contractor or Subcontractor as appropriate shall maintain this professional liability insurance with a retroactive date effective before the commencement of any design, and throughout the term of this Contract and for at least five (5) years after the date of completion and acceptance of the Project with presen/ation of the retroactive date. If claims made coverage is cancelled or non-renewed and not replaced, an extended discovery period and endorsement is acceptable to meet the five year requirement. .5 DESIGN BUILDERS' EQUIPMENT INSURANCE; Design Builder and all Subcontractors shall maintain insurance covering physical damage to owned, leased, rented, or borrowed equipment used or on the jobsite, including rental charges. All Design Builders' miscellaneous tools shall be covered by the individual Design Builder or Subcontractor. .6 POLLUTION/ENVIRONMENTAL IMPAIRMENT LIABIUTY: $5,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party clean-up of the City's property and third party clean-up, and bodily Injury costs If project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of Claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of or In connection with Design Builder's scope of work under this Contract. Coverage may be arranged under a Design Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof, or by other Insurance, as long as pollution liability coverage is provided for both construction activities and professional services. Coverage shall include transport and disposal of contaminants and shall include liability assumed under contract. Coverage Is preferred by the City to be occurrence based. However, If provided on a claims-made basis. Design Builder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage shall be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time work under this Contract is completed. The Pollution/Environmental Impairment Liability policy shall be endorsed to contain a provision that the City, Its officials, employees and volunteers are insureds or additional insureds. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall be endorsed to 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 Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall state that the Design Builder'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. 11.1.3 Additional Provisions: Design Builder shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain the following provisions: .1 Insurance Coverage. Insurance coverages shall not be non-renewed, 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 pursuant to the Notice provisions of this Agreement. .2 Deductibles snd 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 Design Builder shall procure a bond guaranteeing payment of losses and related Investigation, claim administration and defense expenses. The Design Builder is responsible for any deductible or retention amount. .3 Subcontractors. Design Builder 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. .4 Acceptability of Insurers. Insurance is to be placed with insurers that are admitted carriers in California with a rating In the most recent Best's Key Rating Guide of at least A-:V11, or surplus line insurers on the State of 1-31-12 Page 48 of 58 General Conditions /^AnrcDAHk Alga Norte Community Park L.AKLbbAL/ Contract No. 3837A California's List of Eligible Surplus Line Insurers (LESLI) with a rating In the latest Best's Key Rating guide of at least A;X. .5 Verification Of Coverage. Design Builder shall furnish the City with certificates of Insurance and original endorsements affecting required coverage. 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. Design Builder shall furnish the City with new certificates of Insurance and endorsements on each renewal of coverage or change of insurers. Proof of Insurance shall be sent to the City pursuant to the Notice provisions of this Agreement or as may be directed In writing by . .6 Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the City or any other additional insured for payment of any premium or assessment or for any deductible or self- insured retention. 7 Indemnification and Duty to Defend. The insurance coverage provided hereunder shall support, but is not Intended to limit. Design Builder's indemnification (as defined in Article 3.29) and duty to defend obligations under this Contract or as othenwise provided by law. .8 Enforcement. The City may take any steps necessary to assure Design Builder's compliance with Its Insurance obligations and the City reserves the right to require, at any time, complete and certified copies of any or all required Insurance policies and endorsements. Should any insurance policy lapse or be cancelled during the Contract period Design Builder shall, no less than thirty (30) days prior to the effective expiration or cancellation, furnish the City with written evidence of renewal or replacement of the policy. Failure to continuously maintain Insurance coverage as herein required is a material breach of this Contract and the City may maintain this coverage and withhold or charge the expense to Design Builder or terminate the Design Builder's control of the work In accordance with this Contract. The required Insurance shall be subject to the approval of the City, but any acceptance of copies of Insurance policies. Insurance certificates and self-insured documentation by the City shall In no way limit or relieve Design Builder of its duties and responsibilities under this Contract to indemnify, defend and hold harmless the City, Its officials, employees and volunteers. Insurance coverage In the minimum amounts set forth herein shall not be construed to relieve Design Builder for liability in excess of such coverage, nor shall it preclude the City from taking other actions available to it under any other provision of the Contract or law, including the withholding of funds under this Contract. Failure of the City to enforce in a timely manner any of the provisions of Section 10 shall not act as a waiver to enforcement of any of these provisions at a later time. 11.2 BUILDER'S RISK PROPERTY INSURANCE 11.2.1 Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all design-build work other than design (Including testing and commissioning) at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment Intended to become a permanent part of the Project or for permanent use In the Project or Incidental to the construction; all temporary structures that are to be used In or Incidental to the fabrication, erection, testing, or completion of the design-build Project to the extent the cost thereof is included in the design-build work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy; .1 shall be written on a completed value basis In an amount not less than the full replacement value of the Project ($30,000,000); .2 shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Limit after Loss and no coinsurance penalty provisions; .3 shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall Include coverage for delay costs to a maximum amount 10,000 per day to Include loss of revenue, loss of investment Income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 1-31-12 Page 49 of 58 General Conditions C^AQl <^RAn ^^9^ Norte Community Park Contract No. 3837A 11.2.2 The City shall provide infonnation as reasonably requested by the Design Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. 11.2.3 The Builders' Risk policy shall be endorsed to name the City as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to 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 Design Builder's Insurance and shall not contribute with It. The endorsement shall be submitted to the City 11.3 PERFORMANCE BOND AND PAYMENT BOND 11.3.1 Design Builder shall furnish bonds covering the faithful performance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the forms contained In the Standard Forms. 11.3.2 The Payment Bond and Performance Bond shall each be In the amount of the Lump Sum Cost Proposal. 11.3.3 The Payment Bond and Perfonnance Bond shall be in effect on the date the Contract is signed by the City. 11.3.4 Design Builder shall promptly furnish such additional security as may be required by the City to protect Its Interests and those interests of persons or firms supplying labor or materials to the Work. Design Builder shall furnish supplemental Payment and Performance Bonds each In the amount of the current Contract Sum at the request of the City. 11.3.5 Surety companies used by Design Builder shall be, on the date the Contract is signed by the City, listed In the latest published State of California, Department of Insurance list of "Insurers Admitted to Transact Surety Insurance in This State." 11.3.6 The premiums for the Payment Bond and Performance Bond shall be paid by Design Builder. ARTICLE 12 UNCOVERING AND CORRECTION OF CONSTRUCTION WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Construction Work Is covered contrary to the City's Representative's request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the City's Representative, be uncovered for the City's Representative's observation and be replaced at Design Build Entity's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Construction Work has been covered, which Is not required by the Contract Documents to be observed or inspected prior to its being covered and which the City's Representative has not specifically requested to observe prior to its being covered, the City's Representative may request to see such Construction Work and it shall be uncovered and replaced by Design Build Entity. If such Construction Work Is In accordance with the Contract Documents, the costs of uncovering and replacing the Construction Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Construction Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Construction Work is not In accordance with the Contract Documents, Design Build Entity shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 The term "Guarantee To Repair Period" means a period of 2 years, unless a longer period of time is specified, commencing as follows: .1 For any Construction Work not described as Incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion. 1-31-12 Page 50 of 58 General Conditions /^AoTcDArk Alga Norte Community Park ^^^'--^"^^ Contract No. 3837A .2 For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6 of the General Conditions, from the first date of such Beneficial Occupancy or actual use, as established in a Certificate of Beneficial Occupancy. .3 For all Construction Work other than .1 or .2 above, from the date of Final Completion. 12.2.2 Design Build Entity shall (1) correct Defective Woric that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to the City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Design Build Entity shall promptly commence such correction, replacement, repair, or restoration upon notice from the City's Representative or the City, but in no case later than 10 days after receipt of such notice; and Design Build Entity shall diligently and continuously prosecute such correction to completion. Design Build Entity shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing. Inspection, and compensation for the City's Representative's sen/Ices and expenses. Design Build Entity shall perform corrective Work at such times that are acceptable to the City and In such a manner as to avoid, to the extent practicable, disruption to the City's activities. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property and Is performed by the City or Separate Contractors, Design Build Entity shall pay to the City all reasonable costs of correcting such Defective Work. Design Build Entity shall replace, repair, or restore to the City's satisfaction any other parts of the Construction Wortc and any other real or personal property which Is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 Design Build Entity shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Design Build Entity nor accepted by the City. 12.2.5 If Design Build Entity fails to commence correction of Defective Work within 10 days after notice from the City or City's Representative or falls to diligently prosecute such correction to completion, the City may correct the Defective Work In accordance with Article 2.4 of the General Conditions; and, in addition, the City may remove the Defective Work and store salvageable materials and equipment at Design Build Entitys expense. 12.2.6 If Design Build Entity fails to pay the costs of such removal and storage as required by above Articles 12.2.4 and 12.2.5 within 10 days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or othenwise dispose of such material. Design Build Entity shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Design Build Entity is liable to the City, including compensation for the City's Representative's services and expenses. If such proceeds of sale do not cover costs and damages for which Design Build Entity is liable to the City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Design Build Entity or the remaining payments are Insufficient to cover such deficiency, Design Build Entity shall promptly pay the difference to the City. 12.2.7 Design Build Entitys obligations under this Article 12 are in addition to, and not in limitation of. Its warranty under Article 3.4 of the General Conditions or any other obligation of Design Build Entity under the Contract Documents. Enforcement of Design Build Entitys express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the City may have under the Contract Documents or at law or In equity for Defective Woric. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations of Design Build Entity under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Design Build Entity to correct the Work and in no way limits either Design Build Entity's liability for Defective Work or the time within which proceedings may be commenced to enforce Design Build Entitys obligations under the Contract Documents. ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 TERMINATION BY DESIGN BUILDER 13.1.1 Subject to below Article 13.1.2, Design Build Entity shall have the right to terminate the Contract only upon the occurrence of one of the following: 1-31-12 Page 51 of 58 General Conditions r XbrCRAn Al9a Norte Community Park ' ^ Contract No. 3837A .1 Provided that the City has not commenced reasonable action to remove any order of a court within the 90 day period, the Work is stopped for 90 consecutive days, through no act or fault of Design Build Entity, any Subcontractor, or any employee or agent of Design Build Entity or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. .2 The City fails to perform any material obligation under the Contract Documents and fails to cure such default within 30 days, or City has not commenced to cure such default within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion, after receipt of notice from Design Build Entity stating the nature of such default(s). .3 Repeated suspensions by the City, other than such suspensions as are agreed to by Design Build Entity under Article 13.3 below, which constitute In the aggregate more than 20% of the Contract Time. 13.1.2 Upon the occurrence of one of the events listed In Article 13.1.1 above. Design Build Entity may, upon 10 days additional notice to the City and City's Representative, and provided that the condition giving rise to Design Build Entity's right to terminate is continuing, terminate the Contract. 13.1.3 Upon termination by Design Build Entity, the City will pay to Design Build Entity the sum determined by Article 13.4.4 of the General Conditions. Such payment will be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by Design Build Entity pursuant to this Article 13.1; and Design Build Entity will be entitled to no other compensation or damages and expressly waives the same. 13.2 TERMINATION BY THE CITY FOR CAUSE 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events: .1 Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States. .2 Design Build Entity makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due. .3 A receiver Is appointed to take charge of Design Build Entity's property. .4 The commencement or completion of any Work activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work activity as a result of an Unexcusable Delay. For a Contract with a Contract Time of less than 300 days, the 30-day period shall be reduced to the number of days commensurate with 10% of the Contract Time. .5 Design Build Entity abandons the Work. 13.2.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if Design Build Entity fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the City, or within such longer period of time as Is reasonably necessary to complete such cure; .1 Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Woric in accordance with the Contract Documents. .2 Design Build Entity fails to make prompt payment of amounts property due Subcontractors after receiving payment from the City. .3 Design Build Entity disregards Applicable Code Requirements. .4 Design Build Entity persistently or materially falls to execute the Work In accordance with the Contract Documents. .5 Design Build Entity is in default of any other material obligation under the Contract Documents. 1-31-12 Page 52 of 58 General Conditions A D TcD A r» ^'9^ N°'^^ Community Park L.AKL5bAL>/ Contract No. 3837A <<(f »J CITYOF .6 Design Build Entity persistently or materially fails to comply with applicable safety requirements. 13.2.3 Upon any of the occurrences referred to in Articles 13.2.1 and 13.2.2 above, the City may, at its election and by notice to Design Build Entity, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Design Build Entity; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Design Build Entity shall remove any part or all of Design Build Entity's materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Design Build Entity fails to do so, the City may remove or store, and after 90 days sell, any of the same at Design Build Entitys expense. 13.2.4 If the Contract is tenninated by the City as provided in this Article 13.2, Design Build Entity shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by the City. 13.2.5 If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, Including all additional costs and expenses made necessary thereby, Including costs for the City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents, such excess shall be paid to Design Build Entity. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Design Build Entity shall pay such excess to the City. 13.2.6 No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Design Build Entity to recover all losses suffered by the City. 13.3 SUSPENSION BY THE CITY FOR CONVENIENCE 13.3.1 The City may, at any time and from time to time, without cause, order Design Build Entity, in writing, to suspend, delay, or interrupt the Work in whole or In part for such period of time, up to 90 days, as the City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a "Suspension Order" under this Article 13.3. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Design Build Entity shall, at the Citys expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Design Build Entity and the City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. 13.3.2 If a Suspension Order is canceled or expires. Design Build Entity shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Design Build Entity for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Design Build Entity agrees that submission of its claim within said 21 days is an express condition precedent to its right to Arbitrate or Litigate such a claim. 13.3.3 The provisions of this Article 13.3 shall not apply if a Suspension Order Is not Issued by the City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents. 13.4 TERMINATION BY THE CITY FOR CONVENIENCE 13.4.1 The City may, at Its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Design Build Entity. Upon such termination, Design Build Entity agrees to waive any claims for damages, Including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Design Build Entity, the City shall pay Design Build Entity In accordance with Article 13.4.4 below. 13.4.2 Upon receipt of notice of termination under this Article 13.4, Design Build Entity shall, unless the notice directs othenwise, do the following: .1 Immediately discontinue the Work to the extent specified in the notice. .2 Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as Is not discontinued. 1-31-12 Page 53 of 58 General Conditions A b 1° CR A n ^^9^ Norte Community Park ' ^^^^L^bAU Contract No. 3837A .3 Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Woric. .4 Thereafter, do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or In transit thereto. 13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Design Build Entity's obligations under Article 13.4.2 above, as to bona fide obligations assumed by Design Build Entity prior to the date of termination. 13.4.4 Upon such termination, the City shall pay to Design Build Entity the sum of the following: .1 The amount of the Contract Sum allocable to the portion of the Work properiy performed by Design Build Entity as of the date of termination, less sums previously paid to Design Build Entity. .2 Incorporation In the Work. .3 Plus any proven losses with respect to materials and equipment directly resulting from such termination. .4 Plus reasonable demobilization costs. .5 Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. 13.4.5 The above payment shall be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by the City pursuant to this Article 13.4; and Design Build Entity will be entitled to no other compensation or damages and expressly waives same. ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 NONDISCRIMINATION 14.1.1 For purposes of this Article 14.1, the term Subcontractor shall not include suppliers, manufacturers, or distributors. 14.1.2 Design Build Entity shall comply and shall ensure that all Subcontractors comply with Sections 12900 through 12996 of the State of California Government Code. 14.1.3 Design Build Entity agrees as follows during the performance of the Work; .1 Design Build Entity shall provide equal treatment to, and shall not willfully discriminate against or allow harassment of any employee or applicant for employment on the basis of: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined In Section 12926 of the State of California Government Code and Including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service In the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). Design Build Entity will also take affirmative action to ensure that any such employee or applicant for employment Is not discriminated against on any of the bases identified above. Such equal treatment shall apply, but not be limited to the following: employment; upgrade; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Design Build Entity also agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Design Build Entity will. In all solicitations or advertisements for employees placed by or on behalf of the Design Build Entity, state that qualified applicants will receive consideration for employment without regard to; race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined In Section 12926 of the State of California Government Code and Including 1-31-12 Page 54 of 58 General Conditions ^AUt'c-oAr^ Alga Norte Community Park / CARLbbAD Contract No. 3837A cancer-related medical conditions and or genetic characteristics); genetic Information (as defined in the Genetic Information Nondiscrimination Act of 2008 and Including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the unlfonned services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). For purposes of this provision: (1) "Pregnancy" Includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth; and (2) "Service in the uniformed services" Includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed sen/Ices. .2 Design Build Entity and all Subcontractors will permit access to their records of employment, employment advertisements, application forms, and other pertinent data and records by the City or any appropriate agency of the State of California designated by the City for the purposes of investigation to ascertain compliance with this Article 14.1. The outcome of the investigation may result in the following; .1 A finding of willful violation of the provisions of this Contract or of the Fair Employment Practices Act may be regarded by the City as (1) a basis for determining that Design Build Entity is not a "responsible bidder as to future contracts for which such Design Build Entity may submit bids, or (2) a basis for refusing to accept or consider the bids of Design Build Entity for future contracts. .2 The City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has (1) Investigated and determined that Design Build Entity has violated the Fair Employment Practices Act, and (2) issued an order under the State of Califomia Government Code Section 12970 or obtained an injunction under Government Code Section 12973. .3 Upon receipt of such written notice from the Fair Employment Practices Commission, City may notify Design Build Entity that, unless it demonstrates to the satisfaction of City within a stated period that the violation has been corrected, Design Build Entitys Proposals on future projects will not be considered. .4 Design Build Entity agrees that, should the City determine that Design Build Entity has not complied with this Article 14.1, Design Build Entity shall forfeit to the City, as a penalty, for each day or portion thereof, for each person who was denied employment as a result of such non-compliance Such penalty amounts may be recovered from Design Build Entity; and the City may deduct any such penalty amounts from the Contract Sum. .5 Nothing contained in this Article 14.1 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law. .6 Design Build Entity shall meet the following standards for compliance and provide the City with satisfactory evidence of such compliance upon the City's request, which shall be evaluated in each case by the City; .1 Design Build Entity shall notify its Superintendent and other supervisory personnel of the nondiscrimination requirements of the Contract Documents and their responsibilities thereto. .2 Design Build Entity shall notify all sources of employee referrals (Including unions, employment agencies, and the State of California Department of Employment) of the nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO). .3 Design Build Entity or its representative shall, through all unions with whom It may have agreements, develop agreements that (1) define responsibilities for nondiscrimination in hiring, referrals, upgrading, and training and (2) implement an affinnative nondiscrimination program, in terms of the unions' specific areas of skill and geography, such that qualified minority women, non- minority women, and minority men shall be available and given an equal opportunity for employment. .4 Design Build Entity shall notify the City of opposition to the nondiscrimination requirements of the Contract Documents by Individuals, firms, or organizations during the term of the Contract. 1-31-12 Page 55 of 58 General Conditions P A R1° '<\R A n ^^9^ Norte Community Park Contract No. 3837A .7 During the pertormance of this contract, the recipient. Design Builder and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group Identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, sexual orientation, marital status, age (over 40) or sex. Design Builder shall Insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Labor Code Section 1735 requires as follows; The Design Builder shall not discriminate In the employment of persons upon public works on any basis listed In subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as othenwise provided In Section 12940 of the Government Code. Every contractor for public works who violates this section Is subject to all the penalties imposed for a violation of this chapter. A violation of any of the Fair Employment Practices requirements of this Contract or of the California Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Design Builder to be not a "responsible "bidder"' as to future contracts for which such Design Builder may submit bids, for revoking the Design Builder's pre-qualification rating, If any, and for refusing to establish, re-establish or renew a pre-qualification rating for the Design Builder and any other contractual remedies and rights that may be available to the City to enforce compliance or penalize Design Builder for non-compliance. The Design Builder agrees, that should the awarding authority determine that the Design Builder has not compiled with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Sections 1735 and 1775, the Design Builder shall, as a penalty to the Awarding Authority forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided In the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Design Builder. The awarding authority may deduct any such damages from any monies due the Design Builder .8 Design Build Entity shall include the provisions of the foregoing Articles 14.1.3.2.1 through 14.1.3.2.7 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor. 14.2 NOT USED 14.3 NOT USED 14.4 NOT USED 14.5 CONSTRUCTION WORK-DAY 14.5.1 Design Build Entity shall not permit any worker to labor more than 8 hours during any 1 day or more than 40 hours during any 1 calendar week, except as pennitted by law and In such cases only upon such conditions as are provided by law. Design Build Entity shall forfeit to the City, as a penalty, $25 for each worker employed In the execution of this Contract by Design Build Entity, or any Subcontractor, for each day during which such worker is required or pennitted to work more than 8 hours in any 1 day and 40 hours in any 1 calendar week in violation of the terms of this Article 14.5 or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Design Build Entity and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the Inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 GOVERNING LAW 1-31-12 Page 56 of 58 General Conditions A D l" CR A n ^^9^ Norte Community Park L.AKL5bAL>' Contract No. 3837A 15.1.1 This Contract shall be governed by the laws of the State of California. 15.2 SUCCESSORS AND ASSIGNS 15.2.1 The City and Design Build Entity respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party In respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, In whole or in part, without prior written consent of the other party. Notwithstanding any such assignment, each of the original contracting parties shall remain legally responsible for all of Its obligations under the Contract. 15.3 RIGHTS AND REMEDIES 15.3.1 All City's rights and remedies under the Contract Documents will be cumulative and in addition to, and not in limitation of, all other rights and remedies of the City under the Contract Documents or othenwise available at law or in equity. 15.3.2 No action or failure to act by the City or City's Representative will constitute a waiver of a right afforded them under the Contract, nor will such action or failure to act constitute approval of or acquiescence In a condition or breach thereunder, except as may be specifically agreed in writing. No waiver by the City or City's Representative of any condition, breach or default will constitute a waiver of any other condition, breach or default; nor will any such waiver constitute a continuing waiver. 15.3.3 No provision contained In the Contract Documents shall create or give to third parties any claim or right of action against the City, City's Representative, or Design Build Entity. 15.4 SURVIVAL 15.4.1 The provisions of the Contract which by their nature survive termination of the Contract or Final Completion, including all warranties, indemnities, payment obligations, and the Citys right to audit Design Build Entitys books and records, shall remain in full force and effect after Final Completion or any termination of the Contract. 15.5 COMPLETE AGREEMENT 15.5.1 The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modified only by a written Instrument signed by both parties or as provided In Article 7 of the General Conditions. 15.6 SEVERABILITY OF PROVISIONS 15.6.1 If any one or more of the provisions contained in the Contract Documents should be Invalid, Illegal, or unenforceable In any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or Impaired thereby. 15.7 THE CITY'S RIGHT TO AUDIT 15.7.1 The City and entities and agencies designated by the City will have access to and the right to audit and the right to copy at Citys cost all of Design Build Entity's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Design Build Entity shall preserve all such records and other items during the performance of the Contract and for a period of at least 3 years after Final Completion. 15.8 NOTICES 15.8.1 Except as othenwise provided, all notices, requests, demands, and other communications to be given under the Contract Documents shall be in writing and shall be transmitted by one of the following methods: .1 Personally delivered. .2 Sent by facsimile where receipt is confirmed. .3 Sent by courier where receipt Is confirmed. 1-31-12 Page 57 of 58 General Conditions A D TcR A n ^^9^ Norte Community Park ^ Contract No. 3837A .4 Sent by registered or certified mall, postage prepaid, return receipt requested. 15.8.2 Such notices and other communications in above Article 15.8.1 shall be deemed given and received upon actual receipt in the case of all except registered or certified mall; and in the case of registered or certified mail, on the date shown on the return receipt or the date delivery during normal business hours was attempted. Such notices and communications shall be given at the respective street addresses set forth in the Agreement. Such street addresses may be changed by notice given In accordance with this Article 15.8. 15.9 TIME OF THE ESSENCE 15.9.1 Time limits stated In the Contract Documents are of the essence of the Contract. 15.10 MUTUAL DUTY TO MITIGATE 15.10.1 The City and Design Build Entity shall use all reasonable and economically practicable efforts to mitigate delays and damages to the Project and to one another with respect to the Project, regardless of the cause of such delay or damage. 15.11 DESIGN BUILDER'S AWARENESS AND COMPLIANCE WITH ADA ACT OF 1990 AND RELATED STANDARDS 15.11.1 The Design Builder's execution of the signature portion of the proposal shall constitute that the Design Builder is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC §§ 12101) and related accessibility standards and has complied with and will comply with these requirements. Including, but not limited to verifying compliance of their contractors, consultants, agents and employees and constructing the project consistent with current accessibility statutes and regulations 15.11.2 The Design Builder shall be responsible to verify with the City that that all finished sidewalk, ramp, entry access grades, and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device acceptable to City. General "construction tolerances" are unacceptable. The above requirements shall supersede grades shown on plans. If these requirements cannot be met with the existing grades or other physical or practical limitations. Design Builder shall immediately notify City for direction before work takes place. Design Builder shall be responsible for the costs of any corrective work due to Design Builder's failure to meet these requirements. 15.11.3 The City of Carisbad does not discriminate on the basis of handicapped status In the admission or access to, or treatment of, or employment in Its programs or activities 1-31-12 Page 58 of 58 General Conditions >^ ^ 7 L ? L p . Alga Norte Community Park CAKLobAU Contract No. 3837A C A L I f O R N I A SUPPLEMENTARY CONDITIONS MODIFICATION OF GENERAL CONDITIONS, ARTICLE 1 - GENERAL PROVISIONS The "Architect of Record" as referred to in the General Conditions in Article 1.1.3 is: (Name) (License Number) 2. MODIFICATION OF GENERAL CONDITIONS, ARTICLE 8 - CONTRACT TIME b. Subparagraph 8.4.1.4.9: Rainy weather in excess of 30 days for Phase 3, Construction, will be granted a Contract Time extension pursuant to Article 8.4 of the General Conditions. 3. MODIFICATION OF GENERAL CONDITIONS ARTICLE 1 GENERAL PROVISIONS Paragraph 1.2.2; The Design Builder and their Subcontractors are not allowed to use the Alga Norte Community Park Project in any of their promotional material without the written permission from the City. Approval of the use of the Alga Norte Community Park Project will not be unreasonably withheld, on the condition that the Design Builder's and Subcontractor's' agreement includes a reference to the City Bridging Consultants that developed the initial 2008 Plans. 4. MODIFICATION OF GENERAL CONDITIONS ARTICLE 2 - City 1.3.8 Design Builder acknowledges that at various times throughout the progression of the Project, certain City staff members will interact with the Design Builder or Design Builder's Subcontractors in the normal course of fulfilling the City's regulatory duty over a construction project within the City's jurisdiction. Design Builder agrees that any actions taken by the City in the normal performance the City's regulatory duties shall not be construed as an action that can trigger any compensable or non-compensable delays, nor any additional costs to the project. 5. CITY PROVIDED INFORMATION The information provided by the City (other than the 2008 Plans and Specifications) is intended to provide supplementary information to the Design Builder. These documents are intended to provide current and relevant data regarding Design Update Narratives, City Design Standards, Constructability Review (design review comments provided by Dudek Inc.), As-built Soils Report, and the Construction Management Plan Guideline. The City Standards, Constructability Review, and Design Update Narratives shall take precedence over the 2008 Plans and Specifications. 1-31-12 Page lofi Supplementary Conditions ^ An^'c-r, Av-^ Alga Norte Community Park ^ CARLSBAD contract NO. 3337A PROJECT DIRECTORY PROJECT NAME & NUMBER: Alga Norte Community Park, Contract No. 3837A LOCATION: The North West corner of Poinsettia and Alicante Way THE CITY: , The City of Carlsbad CITY'S RESPONSIBLE ADMINISTRATOR AND REPRESENTATIVE: City's Responsible Administrator Lisa Hildabrand City Manager 760-602-2739 1635 Faraday Avenue Carlsbad, CA 92008 City's Representative David Hauser Director of Property and Environmental Management david.hauserfSicarlsbadca.qov Or His Designee: Patrick McGarry Civic Projects Manager 760-434-2949 Datrick.mcqarrv(g)carlsbadca.qov 405 Oak Avenue Carlsbad, CA 92008 ALL BIDDING AND TECHNICAL INQUIRIES SHALL BE DIRECTED ONLY TO: City's Contract Administrator Kevin Davis (760) 602-2466 kevin.davis@cadsbadca.qov 1635 Faraday Avenue Cartsbad, CA 92008 ADDRESS FOR STOP NOTICESiOR OTHER LEGAL MATTERS Patrick McGarry Civic Projects Manager City of Carlsbad, Property and Environmental Management 405 Oak St Cartsbad, CA 92008 WITH A COPY TO: City Attorney Office 1200 Cartsbad Village Drive Carlsbad, CA 92008 1-31-12 Pagel of 1 Project Directory "^•^ A n c D A r> ^'9^ Community Park LAKLbDAL) Contract No. 3837A CALIFORNIA SCOPE OF WORK Alga Norte Connmunity Park will be located in the southeast part of the city, and when completed will be the second-largest park in the city's park system. This project consists of an 32.1 acre park, including an aquatics center (with a 25 meter pool, a 50 meter pool a spa and a play pool), a skate park, a dog park, 3 ball fields, basketball courts, parking, large playground, picnic areas, restrooms with toilet facilities, site furnishings, site lighting, utilities and general landscaping. Rough grading and mainline storm drainage work for this project have been completed and are not a part of this project. However portions of drainage work and rough grading already completed will require additional work by the selected design build team. This information can be found in the Constructability Review in the Information Provided by the City tab. Access to the as-built plans of the completed rough grading work will be provided to the pre-qualified Design/Build Teams. The plans and specifications for this project were substantially complete in 2008 and a Conditional Use Permit (CUP) and Building Permit for construction was previously issued and is on file from the City of Carlsbad. The city has allowed the building CUP and Building Permit to remain active, even though certain codes and rules have changed. All other required permits, except the CUP and Building Permit, must be re- issued. The Design Build Team will be responsible for the update and any additional securing of necessary permits to construct the park. The project design will need to be revised to comply with any new Federal or Local Laws that are not exempted by the city's CUP and Building Permit for construction. The aquatic pool complex drawings are current and have updated required permits for construction and operation. The 2008 plan reference set represents the city's intent. The pre-qualified design build teams will be allowed to submit substitutions, changes, improvements, allowances, clarifications and assumptions during the bidding process only. Requests for changes to the design must be submitted in writing and shown in graphic form. No substitutions or design changes will be allowed after selection of the Design Builder unless the city approves the substitution/change. The following Deferred Submittals will require additional city review and approval: Trusses Fire Protection System Fire Alarm System Fire Suppression System (for kitchen exhaust hoods) Storefront System Solar Hot Water Heating System Security System (including access card key system) Public Address System 1 -31 -12 Page 1 of 9 Scope of Work A n I* c D A r> ^^9^ Norte Community Park CAKLbbAU Contract No. 3837A CALIFORNIA • DEH Approval of Concession Areas GENERAL INFORMATION This exhibit supplements other Contract Documents in defining the scope of work of the Design Builder. The Work shall include all design work, labor, material, tools, equipment, excavation, shoring, testing, inspection, commissioning and all necessary general conditions, that may be reasonably inferred from the Contract Documents to provide all Design Work and Construction Work for this project. ARTICLE 1 GENERAL PROVISIONS 1.1 PLAN CHECK CONSULTANT (relating to deferred submittals only) The term "Plan Check Consultant" shall mean entity hired by the City which is licensed in California as an engineer or architect (as applicable) and is certified by the code(s) invoking their plan check review for code compliance of the Design Work. 1.2 THE CITY 'S BUILDING OFFICIAL The term "The City's Building Official" shall mean the individual the City has designated to act in the capacity as the "Building Official" as defined by the Uniform Building Code; and shall be the final interpreter of any code issues that may arise in the course of the Work. The City's Building Official will be responsible for the Code Compliance Review of the Work. 1.3 THE CITY REVIEW AND APPROVAL (As it relates to Deferred Submittals only) 1.3.1 Design Approval, see Article 2. 1.3.2 Code Compliance Review - the review conducted by the City's Building Official to review the Design Work to determine that it meets all Applicable Code Requirements. 1.3.3 Scope Compliance Review - the review by the City's Representative of the Design Work to determine that the requirements of the Contract Documents, other than elements covered by the Code Compliance Review, are met. 1-31-12 Page 2 of 9 Scope of Work ^ L.AKLobAL» Contract No. 3837A CALIFORNIA ^' J L ?'— . _ Alga Norte Community Park 1.3.4 In accordance with the Design Build Agreement, each Phase is subject to review and approval by the City as outlined in this exhibit. Two separate types of reviews are intended: 1) Scope Compliance Review(s); and 2) Code Compliance Review(s). The City's Building Official may, at the City's Building Official's sole discretion, utilize the services of Plan Check Consultant(s) to assist in the Code Compliance Review. Once the City has approved the Design Work, any item within such approved Design Work that the Design Builder desires to subsequently change must be identified by Design Builder in the form of a submittal identifying and requesting such change; and shall not be incorporated into the Design Work until written approval is received by the City. 1.4 APPLICABLE CODES, RULES, REGULATIONS, REGULATORY AGENCY APPROVALS, & INDEPENDENT REVIEW(S) 1.4.1 It is the Design Builder's and its Design Professional's responsibility to design the Project in compliance with current applicable requirements of federal and state laws, codes, rules, regulations, ordinances, and standards, including, but not limited to, those outlined below. Design Professional shall have copies available of applicable codes and regulations for ready reference. This project has been permitted by the City and the permit was based upon the following Codes: .1 The 2001 Edition of the California Building Code (CBC) Adopts the 1997 Uniform Building Code (UBC) and the 2001 California Amendments. .2 The 2004 Edition of the California Electrical Code (CEC) Adopts the 2002 National Electrical Code and the 2004 California Amendments .3 Americans with Disabilities Act (ADA), Title II, ADAAG. (As this is a Civil Law and a Standard, and as it has been revised for 2012, the Design Professionals must evaluate the project's compliance to the current law. .4 The 2001 Edition of the California Mechanical Code (CMC) Adopts the 2000 Uniform Mechanical Code (UMC) and the 2001 California Amendments. .5 The 2001 Edition of the California Plumbing Code (CPC) Adopts the 2000 Uniform Plumbing Code and the 2001 California Amendments. .6 The 2001 Edition of the California Fire Code (CFC) Adopts the 2000 Uniform Fire Code (UFC) and the 2001 California 1-31-12 Page 3 of 9 Scope of Work CITY OF Alga Norte Community Park ^ L-AKLbbAU Contract No. 3837A CALIFORNIA .7 The 2005 Edition ofthe California Energy Efficiency .8 Department of Public Health - Food Services 1.5 ENERGY ANALYSIS REQUIREMENTS (as it relates to any voluntary energy efficiency improvements) 1.5.1 Design Professional shall design in accordance with Energy Analysis Requirements and shall prepare an energy analysis of the Project. Design Professional shall submit specific certification to The City as required by California Code of Regulations, Title 24, Part 6, California Energy Code 1.6 REGULATORY APPROVALS AND INDEPENDENT REVIEWS (as it relates to deferred submittals) 1.6.1 Design Professional shall be responsible for obtaining review and approval by applicable regulatory agencies as stipulated in this exhibit. Design Builder will coordinate with the City's Representative prior to commencing review and approval with regulatory agencies. The City's Representative will direct the Design Builder on how each regulatory agency review and approval will be coordinated with the City. Meetings may also be required of the Design Builder with agencies from which the City is responsible to obtain permits or approvals. 1.6.2 Design Professional shall be responsible for incorporating revisions requested by Independent Review (ers). Design Builder will coordinate with the City's Representative prior to incorporating such revisions. The City's Representative will direct the Design Builder on how to coordinate with each Independent Review(er). Meetings may also be required of the Design Builder with Independent Review(ers). 1.7 EXAMINATION OF SITE 1.7.1 Prior to submitting Proposal for the Work, Design Builder and Design Builder's Design Professional's shall: .1 Visit the Project site to become familiar with existing site conditions, including the site location and size, utilities, and connection options of external utilities. 1.8 NOT USED 1.9 PARTNERING 1-31-12 Page 4 of 9 Scope of Work ^ 7 k i",»r> A 1-^ Alga Norte Community Park CARLSBAD ConfracfA/o.3837A CALIFORNIA The City and Design Builder will cooperate and participate fully in Partnering at all levels and among all the parties involved in this Project, and at their own expense. Partnering shall mean both formal and informal interaction between and among all the parties involved in the Project, including but not limited to The City representatives. Design Builder, Design Professionals, Subcontractors and outside entities as Designated by The City to promote the desired goal of a successful, non- adversarial completion ofthe Project within the Contract Time and Contract Sum. The requirement for partnering shall not be construed as a change in the terms or conditions ofthe Design Build Agreement. Design Builder shall be responsible for partnering activities during the construction documents phase and the construction phase. The Design Builder shall include representation of the professional entities preparing the construction documents and the construction subcontractors, as appropriate. The Design Builder shall bear the cost of the partnering activities such as meeting rooms and facilitators(s). The Design Builder shall plan for partnering sessions at 6-month intervals throughout the project. Partnering is a professionally facilitated off-site meeting involving the representatives of the project team for the purposes of team building and problem solving. The Design Builder and the City shall agree on the selection of the partnering facilitator and attendees. ARTICLE 2 PHASE 1 - NOT USED ARTICLE 3 PHASE 2 - CONSTRUCTION DOCUMENTS PHASE (AS IT RELATES TO RECORD DRAWINGS, DEFERRED SUBMITTALS AND ANY DESIGN IMPLROVEMENTS THAT CHANGE THE DESIGN) 3.1. GENERAL The construction documents phase submittal shall include, at minimum, all items that are required for the Design Development Phase and those that are enumerated in Phase 1 code analysis approved by The City's Building Official. Construction Documents shall show all elements previously shown on the Design Development documents but with greater detail and specificity. 3.1.1 Upon The City's written Notice to Proceed for Phase 2, and based on Design Development Phase documents approved in writing by The City, and Change Order(s), Design Professional shall prepare for approval by The City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. The Construction Documents shall describe the quality, configuration, size and 1-31-12 Page 5 of 9 Scope of Work ^ L.AKL5bAL» Confracf A/o. 3837A CALIFORNIA C'*, _5' J L ?'— . _ Alga Norte Community Park relationships of all components to be incorporated into the project. The Construction Documents shall be consistent with the Contract Documents. 3.1.2 Design Professional shall submit a tabulation comparing both gross and assignable floor areas to the design development phase area requirements. 3.1.3 The Work of this phase is subject to independent reviews, both internal and external, and value engineering 3.1.4 Design Professional shall submit construction documents to The City Scope Compliance Review approval upon 50% completion; and Design Professional's determination that the documents are 100% complete and coordinated. Design Professional shall submit Construction Documents for both Scope Compliance Review and Code Compliance Review. Design Professional shall re-submit the documents for back check by the City for Scope Compliance Review and to The City's Building Official, and other applicable agencies after corrections are made to the 100% submittal for Code Compliance Review. The Design Professional shall continue to re- submit the documents until written approval from the City's Representative is obtained for Scope Compliance; and written approval from The City's Building Official is obtained for Code Compliance. 3.1.5 Upon 50% and 100% completion of the Construction Documents, Design Professional shall submit for The City review and comment 5 copies each of the Construction Documents, a summary of the calculations, and detailed calculations, for the structural, HVAC, electrical, plumbing, communications, and other specialized building system calculations. 3.1.6 The Construction Documents submittals shall either incorporate any changes or corrections required by The City's Building Official or the applicable review agencies as a result of their Code Compliance Review of the 100% completed Construction Documents or be accompanied by a written statement as to why such changes were not incorporated. The City's Building Official may reject Design Professional's explanation and require Design Professional to make the changes or corrections to the Construction Documents as previously requested by The City's Building Official related to its Code Compliance Review. The City's Building Official will be final interpreter of all code requirements, and all such decisions will be final. 3.1.7 Unless directed otherwise in writing by The City the Construction Documents Phase shall not be considered 100% complete until all required agency and The City approvals have been received by Design Professional. Design Professional shall prepare and submit required agency applications as required by The City's Representative. 1 -31 -12 Page 6 of 9 Scope of Work An Ten A r-l Alga Norte Community Park ^ CAKL^DAL) Contract No. 3837A CALIFORNIA 3.1.8 Final Construction Drawings and the Certification page of the specifications submitted to The City shall be signed and stamped by the appropriate Design Professionals of Record. 3.1.9 Design Professional shall be responsible for the content of all Construction Documents. All construction documents prepared or signed by Design Professional of Record shall be complete, coordinated, accurate, and contain directions as will enable a competent contractor to carry them out. 3.1.10 Design Professional shall submit for The City review and comment 5 copies ofthe final (100%-completed) Construction Documents. 3.1.11 When Scope Compliance Review by the City; and Code Compliance Review by the City's Building Official, and review agency required changes or corrections have been incorporated by Design Professional, the 100%- completed Construction Documents will be deemed to be final and ready for The City to issue Construction Notice to Proceed. Design Professional shall provide to The City 1 set of AutoCAD and PDF Format electronic files for each drawing and shop drawings, 2 sets of prints, and the complete set ofthe Specifications in an electronic file (Word format), of the final (100% back checked and corrected) set of Construction Documents. 3.1.12 The Work of this phase is subject to independent review, both internal and external. ARTICLE 4 PHASE 3 - CONSTRUCTION PHASE 4.1 GENERAL The Design Builder shall provide all materials, equipment, labor, and services required by the Contract Documents to construct the Work for the Contract Sum and within the Contract Time during the Construction Phase. 4.2 TESTING AND INSPECTION Testing and inspection shall follow the Specifications. 4.2.1 The Design Builder shall: .1 Participate in punch list inspections for beneficial occupancy, substantial completion and final completion. 1 -31 -12 Page 7 of 9 Scope of Work €^ . _ Alga Norte Community Park ^ LAKLODAL) Contract NO. 3837A CALIFORNIA .2 Assist the City's Representative in reviewing test and inspection results. .3 Not authorized deviations from the Contract Documents. .5 Assure the Construction Work is in compliance with the Contract Documents. 4.3 NOT USED 4.4 RECORD DOCUMENTS 4.4.1 Any revisions or changes that have been made during construction shall be incorporated in the Record Documents. During construction, The City's Representative shall have reviewed all revisions and changes and shall have approved the set of drawings and specifications maintained by Design Builder prior to Design Professional's preparation of the final Record Documents. Design Professional shall provide digital Record Documents to The City in all the following formats: (1) hardcopy, half size plans (1) each electronic copy in AutoCAD and PDF format for all Record Documents, Shop Drawings and Product Cut Sheets. 4.4.2 HVAC drawings shall include the following items: .1 An actual air balance report CFM (cubic feet per minute) for each air outlet and each air inlet on all drawings. .2 An added schedule for each fan motor indicating (1) the actual ampere measured in each conductor, (2) the full-load ampere noted on the motor's nameplate, (3) the service factor noted on the motor's nameplate, (4) the motor voltages noted on the motor's nameplate, and (5) the actual voltage between each conductor: for example, A to B, A to C, and B to C on single-winding three-phase motors. .3 The final sequence for each mechanical system. .4 Revisions of each schedule in the original Contract Documents reflecting the actual equipment installed (by manufacturer's name and model number) and all other revisions. 4.5 GUARANTEE TO REPAIR PERIOD INSPECTIONS Design Builder shall review the work no later than 23 months after Final Completion, as applicable and shall submit written recommendations to The City for the correction of any deficiencies. Design Builder shall be accompanied by The City 1-31-12 Page 8 of 9 Scope of Work i^AnTcnAr^ Alga Norte Community Park CAKLODAD Contract NO. 3837A CALIFORNIA and Design Professional(s) during these inspections. Dates for inspections shall be as mutually agreed by the parties. 1 -31 -12 Page 9 of 9 Scope of Work y-^ A lr* r V> p. A AI93 Norte Community Park ^ CARLSBAD contract NO. 3337A PROPOSAL Submitted by (Design Builder ) Design Builder's proposal is incorporated into, and shall be an integral part ofthe Contract. 1) Technical Proposal submitted on , 2012 a. Copy of Presentation, dated , 2012 b. Summary of Oral Presentation Clarifications Form, dated , 2012 2) Price Proposal submitted on ,2012 a. Bid Security or Bidder's Bond b. Subcontractor Designation c. Bidder's Certificate of Insurance d. Bidder's Statement Regarding Debarment e. Bidder's Disclosure of Discipline Record f. Non-Collusion Affidavit 1-31-12 Pagel of 1 Proposal ^4 ATnirnAr^ Alga Norte Community Park LAKLbbAL? Contract No. 3837A 3.0 STANDARD CONTRACT FORMS r^ Al^tnr, At-^ Alga Norte Community Park ^ CARLSBAD contract NO. 3937A CALIFORNIA Index of Standard Contract Forms Item 1. Guide for Completing the "Designation Of Subcontractors" Form 2. Subcontractor Designation 3. Proposer's Certificate of Insurance or Insurance Statement 4. Proposer's Statement Regarding Debarment 5. Proposer's Disclosure of Discipline Record 6. Non-Collusion Affidavit 7. Labor and Materials Bond 8. Faithful Performance/Warranty Bond 9. Optional Escrow Agreement for Surety Deposits in Lieu of Retention 1-31-12 Paget ofl Standard Contract Forms Index ^ L Tr- n A Alga Norte Community Park ^ CARLSBAD contract NO. 3337A GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Proposers are urged to review the definitions in Article 1.1 of the General Conditions and Section 1.7 the Request for Proposal, included with the Contract Documents, especially, "Proposal", "Proposer", "Contract", "Design Builder", "Total Project Cost", "Subcontractor", and "Work". Proposers are further urged to review Article 5 SUBCONTRACTORS ofthe General Conditions. CAUTIONS This form will be used by the City to determine the percentage of work that the Proposer proposes to perform. Proposers are cautioned that failure to provide complete and correct information may result in rejection of the Proposal as non-responsive. INSTRUCTIONS The Proposer shall set forth the name and location of business of each and every subcontractor whom the Proposer proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a Design Builder by the State of California whom the Proposer proposes to specially fabricate and install any portion ofthe Work in excess of one-half of one percent (0.5%) of the Proposer's Total Project Cost or, in the case of Proposals 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 Proposal. The Designation of Subcontractors form must be submitted as a part of the Proposer's sealed Proposal. Failure to provide complete and correct information mav result in reiection ofthe Proposal 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 shall be assigned to the Design Builder or the Subcontractor as the case may be, that the Proposer proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed Proposal item that is supplied by the Proposer shall be included as a part of the work that the Proposer 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. Ifthe Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Proposer proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Proposer 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 Proposer proposes to perform no less than fifty percent (50%) of the work with its own forces. 1-31-12 Page 1 of 2 r'ADl'cDAr^ ^^9^ Norte Community Park ^A'^'-5bAU Contract No. 3837A 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. Design Builder 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. Proposers 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. 1-31-12 Page 2 of 2 <j^^ CITY Of ^ CARLSBAD Alga Norte Community Park Contract No. 3837A SUBCONTRACTOR DESIGNATION (To Accompany Proposal) Alga Norte Community Park Project CONTRACT NO. 3837A The Proposer 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. ofthe Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Proposer further certifies that no additional subconti-actor will be allowed to perform any portion ofthe Work in excess of one-half of one percent (0.5%) of the Proposer's Total Project Cost, or in the case of proposals 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 ofthe City. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Page of pages of this Subcontractor Designation form 1-31-12 Page 1 of 2 r^AniCD Ar\ ^'9^ Community Park ^ L.AKLODAU Contract NO. 3837A Pursuant to section 4104 (a)(2)(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 proposals contained in the "Design Builder Request for Proposals." 1-31-12 Page 2 of 2 A n r r n A r>k ^'S^^ '^O'^® Community Park ^ LARLSDAU Contract No. 3837A PROPOSER'S CERTIFICATE OF INSURANCE OR INSURANCE STATEMENT (To Accompany Proposal) Alga Norte Community Park Project CONTRACT NO. 3837A As a required part of the Proposal, the Proposer must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: • Comprehensive General Liability • Automobile Liability • Workers Compensation • Employer's Liability • Professional Liability • Pollution 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 Proposer, will issue to the Proposer policies of insurance for comprehensive general liability, automobile liability, workers compensation, employer's liability, professional liability and pollution liability in conformance with the requirements of the Contract Documents and issue certificates of insurance to the City 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 Request for Proposal and the General Conditions for the Project for each insurance company that the Design Builder proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 1-31-12 Page 1 of 1 ^AoTr-oAr^ Alga Norte Community Park ^CARLSBAD contract NO. 3337A PROPOSER'S STATEMENT REGARDING DEBARMENT (To Accompany Proposal) Alga Norte Community Park Project CONTRACT NO. 3837A 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder/proposer by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. Party debarred Agency Period of debarment Party debarred Agency Period of debarment BY PROPOSER: (name of Proposer) By: (sign here) (print name/title) 1-31-12 Page 1 of 1 A n Tr- n A Alga Norte Community Park ^ CARLSBAD contract No. 3837A PROPOSER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Alga Norte Community Park Project CONTRACT NO. 3837A Design Builders are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Design Builders if a complaint regarding a patent act or omission is filed within four years of the date ofthe alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions conceming a Design Builder may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, Califomia 95826. 1) Have you ever had your contractor's license suspended or revoked by the Califomia 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 Califomia 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) Ifthe answer to either of L 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 ofthe violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form 1-31-12 Page 1 of 2 A ri i' c D A ^'9^ Community Park CAKLbDAL/ Contract No. 3837A PROPOSER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) Alga Norte Community Park Project CONTRACT NO. 3837A 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 DESIGN BUILDER: (name of Design Builder) By: (sign here) (print name/title) Page of pages of this Disclosure of Discipline form 1-31-12 Page 2 of 2 ^4 A'rnVcn Ar^ Alga Norte Community Park LAKLSDAD Contract No. 3837A NON-COLLUSION AFFIDAVIT (To Accompany Proposal) PUBLIC CONTRACT CODE SECTION 7106 Alga Norte Community Park Project CONTRACT NO. 3837A State of California ) ) ss. County of ) The undersigned declares: I am the of , the party making the foregoing proposal. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham bid. The Proposer has not directiy or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham Proposal, or to refrain from proposing. The Proposer has not in any manner, directly or indirectiy, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer has not, directiy or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any coiporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer 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 Proposer. 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 (date) at (city), (state). Signature of Proposer Subscribed and sworn to before me on the day of , 20_ (NOTARY SEAL) Signature of Notary 1-31-12 Page 1 of 1 €^ A n i' r n A ^'9^ Community Park ^CARLSBAD contract No. 3837A LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of Califomia, by Resolution No. , adopted , has awarded to (hereinafter designated as the "Principal"), a Contract for: Alga Norte Community Park Project CONTRACT NO. 3837A in the City of Carlsbad, in strict conformity with the performance 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, , as Principal, (hereinafter designated as the "Design Builder"), and as Surety, are held firmly bound unto the City of Carlsbad in the sum of Dollars ($ ), said sum being an amount equal to: One hundred percent (100%o) 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 Design Builder 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 ofany kind, consistent with Califomia Civil Code section 3181, 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 Design Builder 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 Califomia Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the 1-31-12 Page 1 of 3 ^ r'ADl'cDAr^ ^^9^ Norte Community Park ^ L-AKLODAU Contract No. 3837A 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 performance 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. In the event that Design Builder is an individual, it is agreed that the death of any such Design Builder shall not exonerate the Surety from its obligations under this bond. Executed by DESIGN BUILDER this day of , 20 . DESIGN BUILDER: (name of Design Builder) By: sign here) (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this day of ,20 . SURETY: (name of Surety) (address of Surety) 1-31-12 Page 2 of 3 ^^Anicn Ar>. ^'9^ ^^'^^ Community Park ^ CARLSBAD contract No. 3837A (telephone number of Surety) By: (Signature of Attorney-in-Fact) (Printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by DESIGN BUILDER 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: RONALD R. BALL City Attomey By: Deputy City Attorney 1-31-12 Page 3 of 3 ^Antcn Ar\ ^'9^ Community Park ^ CARLSBAD contract No. 3837A FAITHFUL PERFORMANCEAVARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to , (hereinafter designated as the "Principal"), a Contract for: Alga Norte Community Park Project CONTRACT NO. 3837A 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 fiimishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, , as Principal, (hereinafter designated as the "Design Builder"), and _, as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Dollars ($ ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attomey, 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 Design Builder, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and tmly 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 tme intent and meaning, and shall indemnity 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 fiill 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. 1-31-12 Page 1 of 3 A n I* CD A nk ^'9^ Community Park ~^ L-AKLbbAU Contract NO. 3837A 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. In the event that Design Builder is an individual, it is agreed that the death of any such Design Builder shall not exonerate the Surety from its obligations under this bond. Executed by DESIGN BUILDER this. day of , 20 DESIGN BUILDER: (name of Design Builder) By: (sign here) (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (Title and Organization of signatory) Executed by SURETY this day of 20 SURETY: 1-31-12 Page 2 of 3 A n r CD A ^'9^ Community Park ^ CARLbBAD Contract No. 3837A A L t 0 (name of Surety) (address of Surety) (telephone number of Surety) By: (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by DESIGN BUILDER 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: RONALD R. BALL City Attorney By: Deputy City Attomey 1-31-12 Page 3 of 3 ^AUt'e-n Ar-\ Alga Norte Community Park ^ CARLSBAD contract No. 3337A 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, Califomia, 92008, hereinafter called "City" and whose address is hereinafter called "Design Builder" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Design Builder and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califomia, the Design Builder has the option to deposit securities with the Escrow Agent as a substitute for retention eamings required to be withheld by the City pursuant to the Constmction Contract entered into between the City and Design Builder for ALGA NORTE COMMUNITY PARK PROJECT CONTRACT NO. 3837A in the amount of dated (hereinafter referred to as the "Contract"). Altematively, on written request of the Design Builder, the City shall make payments of the retention eamings directly to the Escrow Agent. When the Design Builder deposits the securities as a substitute for Contract eamings, the Escrow Agent shall notify the City within 10 days ofthe deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value ofthe 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 Design Builder. Securities shall be held in the name of the City and shall designate the Design Builder as the beneficial owner. 2. The City shall make progress payments to the Design Builder for such fimds 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 Design Builder until such time as the escrow created under this contract is terminated. The Design Builder 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 Design Builder 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, Design Builder and Escrow Agent. 5. The interest eamed on the securities or the money market accounts held in escrow and all interest eamed on that interest shall be for the sole account of Desi^ Builder and shall be subject to withdrawal by Design Builder at any time and from time to time without notice to the City. -1-31-12 Paget of 3 Request for Proposal CITV OF CARLSBAD Alga Norte Community Park Contract No. 3837A 6. Design Builder 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 Irom City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Design Builder. 7. The City shall have a right to draw upon the securities in the event of default by the Design Builder. 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 instmcted by the City. 8. Upon receipt of written notification from the City certifying that the Confract is fmal and complete and that the Design Builder has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Design Builder 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 Design Builder pursuant to sections (1) to (8), inclusive, of this agreement and the City and Design Builder 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 Design Builder in connection with the foregoing, and exemplars of their respective signamres are as follows: For City: Title: FINANCE DIRECTOR Name: Signature: Address: 1635 Faradav Avenue, Carlsbad, CA 92008 For Design Builder: Title: Name: Signature: Address: For Escrow Agent: Titie: Name: Signature: Address: 1-31-12 Page 2 of 3 Request for Proposal ^ CARLSBAD Alga Norte Community Park Contract No. 3837A At the time the Escrow Account is opened, the City and Design Builder shall deliver to the Escrow Agent a fiilly executed counterpart of this Agreement IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title: MAYOR Name: Signature: Address: 1200 Carlsbad Village Dr. Carlsbad CA 92008 For Design Builder: Title: . Name: Signature: Address: For Escrow Agent: Title: Name: Signature: Address: 1-31-12 Page 3 of 3 Request for Proposal "^S. ^AnrrnAr> Alga Norte Community Park / CARLSBAD contract No. 3837A 4.0 CITY FURNISHED INFORMATION A n c n A r>. ^'9^ Community Park ^ CARLSBAD contract No 3837A Alga Norte Community Park Design/Build RFP Design Change Narratives Landscape/Site Design Revisions 1. Change removable outfield fencing at Baseball Field 'A' to permanent fencing. Reference sheets 237 and 238. Permanent outfield fence shall match detail B on sheet 247. 2. Provide synthetic turf in all turf locations within the pool complex and stake park complex. Synthetic turf shall be DuPont Forever Lawn Select LX. Reference sheets 235 and 292. 3. Add permanent pool fencing and gates around patio/special event area at the north end of Building #3. See attached sketch and reference sheets 233 and 235. 4. Revise layout of basketball courts to include one full length court and one half-court. Provide new picnic plaza with shade structures and picnic tables. See attached sketch and reference sheets 235 and 237. 5. Replace basketball equipment with the following materials: Basketball standard: LA Steelcraft galvanized steel post. Model #12C44 Basketball backboard: LA Steelcraft fiberglass, rectangular backboard. Model #09 Basketball Hoop: LA Steelcraft breakaway hoop and nylon net. Model #2K Reference sheet 242 and specification Section 02870 - Site Furnishings. 6. Revise grading of ttirf area north of Baseball Field 'A' to provide a flat seating/viewing area for the Jazz In The Park events. See attached sketch and reference sheets 11, 12, and 13. 7. Provide additional shade canopies on 2-5 year old play equipment and 5-12 year old play equipment. See attached sketch and reference sheets 272, 273, and 274 and specification Section 02881 - Playground Equipment and Structures. 8. Replace fixed bleacher seating at competition pool with an outdoor, retractable bleacher system. Reference sheets LC-3 and LC-27. 9. Provide black vinyl coated fence fabric, posts, rails, backstops and gates throughout the entire project (expect pool and skate park fence). Vinyl clad application shall include a 10 year warranty from fading, cracking, or delamination. Irrigation Revisions 10. Revise and update all irrigation equipment specifications to be in compliance with the Irrigation Design Standards (City Standards). Feb 15, 2012 Page 1 of 2 Request for Proposal V" A n r CD A ^'9^ Community Park '"^ CAKLbDAU Contract No 3837A Electrical Revisions 11. Provide new photometric analysis for revised basketball courts and skatepark to ensure both areas meet current minimum lighting levels for night use. Additional fixtures may be added as necessary. Architectural Revisions 12. Building #2, rooms 210 and 211: Make exercise room larger by deleting the wall between the rooms. Delete casework, marker board, ceiling mounted projector and projector screen. 13. Substitute bare concrete flooring with terrazzo for all toilet rooms except the toilet rooms/locker rooms in Buildings 2 & 3. 14. Provide Sarnafil 60 mil PVC roofing system in lieu of Built-Up-Roofing at all flat roofs. 15. Current changes to the ADA Design Standards may require changes to some of the spaces. The Design Builder is required to ensure the plans are compliant with the new Standards. An allowance is provided in the City defined allowances for this work. 16. Provide 30 new landscape up-lights on selected frees within aquatic complex and at children's playground. Each tree to have two (2) LED fixtures set to be flush with 6" raised and 8" diameter concrete circular containment base. Fixture to be equal to "Light Vault by Kim Lighting". An allowance is provided in the City defined allowances for this work. 17. Provide for the design and installation of a public address system for aquatic complex. System specifications to be developed as a separate scope of services by vendor upon final contract award. An allowance is provided in the City defined allowances for this work. Feb 15, 2012 Page 2 of 2 Request for Proposal DUDEK ALGA NORTE COMMUNITY PARK - DOCUMENT REVIEW REPORT November 10,2011 PREPARED FOR Mr. Patrick Mcgarry City of Carlsbad 405 Oak Avenue Carlsbad, California 92008 PREPARED BY Dudek 1645 S. Rancho Satna Fe Road. #201 San Marcos, California 92078 800.450.1818 vmw.dudek.com Construction Management, „ i-n. DUDEK — ^^Z^... Environmental Sciences San Marcos, CA 92078 December 30,2011 Mr. Patrick McGarry City ofCarlsbad 405 Oak Avenue Carlsbad, CA 92008 Subject: Alga Norte Park - Review of Plans and Specifications. Mr. McGarry: Attached please find Dudek's review of the 27 June 2008 set of plans and specifications. In general, Dudek's review consisted of the following: 1. Reviewed and coordinated the 27 June 2008 civil plans (sheets 4 through 30) and specifications with the "as-built" mass grading plans and soils report. 2. Reviewed and compared Dudek's 2007 constructability review comments with the 27 June 2008 set of plans and specifications and noted the items that were not addre.ssed. Any new items found during this effort were also noted. 3. Provided comments per specific discipline i.e. grading/drainage, architecture, electrical, structural, mechanical, plumbing, aquatics, .skate park, and landscaping (see specific sections). Please note that any errors and omissions will now be the responsibility of the new design team as a part of the Design-Build Contractor, and our review did not review for these issues. The D- B team is responvSible for the entire design and should check the documents for those types of issues and not rely on the City to give them this information. Our review shall be provided "for reference only". Our review primarily focused on the information and potential issues the potential D-B teams need to consider when putting together their propo.sals; and that our review is limited to that. Sincerely, George Project Civil Grading Architect r Food Service Electrical Structrual Mechanical Plumbing Aquatics Skate Park Landscaping TAB 1-CIVIL GRADING Alga Norte Community Park Grading Plans (sheets 4-30) Document Review PLEASE NOTE THAT THIS REVIEW COORDINATED THE MASS GRADING AS-BUILT INFORMATION WITH THE 27 JUNE 2008 SET OF PLANS AND SPECFIOATIONS. PROVIDE THE D-B TEAMS WITH A COPY OF THE AS-BUILT PLANS, BID SPECIFICATIONS AND AS-BUILT GRADING REPORT {Copies of the first page of each of these documents is included at the end of this sectton). Earthwork Plans 1. Review Mass Grading as-builts prepared by City dated March 2011 and As-graded geotechnical report prepared by Ninyo & Moore dated February 2011. Take note of locations of remedial grading, select fill placement and "bridged" fill locations. Not all remedial grading required by the 27 June 2008 set of plans and specifications was completed during mass grading project. Additional remedial grading or revisions to structural sections may be required. D/B contractor should consult with a professional geotechnical engineer to address areas still needing remediation and addressing possible settiement at "bridged" fill locations. 2. For reference - shallow groundwater was encountered along the eastern, southern borders and skate park berm of the park below original grade prior to the start of mass grading of the project). 3. Additional unclassified fill removals and placement of select fill may be required at Competition pool and for the sport parks lights. Refer to As-graded geotechnical report dated February 2011 and the original 27 June 2008 plans. 4. D/B contractor shouid review locations of existing stock piles that were left after mass grading - north baseball field topsoil stock pile and western baseball field unclassified fill stock pile along toe of cut slope. 5. D/B contractor should review sun/ey control files by Mass Grading contractor's surveyor Masson & Associates. 6. Grade ofthe future baseball fields were adjusted (lowered) in order to balance the site during the mass grading project, see as-built topographic survey. 7. Property corner monuments still need to be reset. 8. D/B contractor is responsible for performing own topographic survey to verify grades and earthwork quantities needed to achieve final grades. Consider options with City to avoid having to import of fill material, including "select fill" matenal. 9. Back cut requirements for future retaining wall at the Maintenance Building Yard should be closely analyzed as to not undercut existing sewer and force mains in VWD access road above. Light impact equipment must be used while working or crossing 12" and 24" force mains at the Maintenance Building Yard. utilities 10. D/B contractor should review mass grading as-bui!ts plans for existing storm drains. Storm drains H and G have not been installed. Sections of storm drains E, A-2 and C-5 have also not been installed. 11. D/B contractor should review 72" storm drain installation for conflicts with skate park construction. Bottom of skate park "bowls" may conflict with the top of 72" pipe - Contractor to change "bowl" depth if conflict exists. 12. D/B contractor to address 6" storm drain discharge point at the Skate Park Bowl extending west. The drain appears to connect to SD "K", but no POC or IE information is provided. Take careful note of HGL at tie-in location. 13. 3"X8" saddle, gate vaive, meter and backflow preventer was installed during the mass grading project at STA 78+02 utilized for the temporary slope irrigation system. Shallow irrigation mainline was buried from backflow preventer to irrigation controller at cut slope behind the pool complex area. 14. D/B contractor should consult with a professional geotechnical engineer at the locations of "bridged" fill areas where utilities cross as additional remedial grading or bedding changes may be required, 15. Light impact equipment should be used at any crossing ofthe 12" and 24" force mains. 16. D/B contractor should verify elevations of existing sewer manhole inverts in Alicante Road prior to designing or building any sewer lines. 12" and 24" force mains should also be potholed at all sewer crossings for potential conflicts. 17. D/B contractor shall clean entire storm drain system prior to park opening. Contractor is referred to Drawing C-17 - storm drain pipe shall be extended at 4 locations in court yard of building 3. Alicante Road and DG Trail 18. D/B contractor take note: three rail lodge pole fencing has been installed around the entire site and must be maintained by Contractor. Grading and Civil Specifications Site Clearing - Section 02230 19. D/B contractor should consult with a professional geotechnical engineer for depth of clearing/grubbing requirements. 20. Reference as-graded geotechnical report dated February 2011. Earthwork - Section 02300 (mark-ups included of this specification section) 21. Reference As-graded geotechnical report dated February 2011. 22. D/B contractor should consult with a professionai geotechnical engineer for subgrade recommendations for additional remedial grading or placement of additional select fill as EARTHWORK SECTION 02300 SECTION 02300 - EARTHWORK PART 1 - GENERAL 1.1 THE REQUIREMENT A. The work of this Section includes all earthwork required for construction of the WORK. Such earthwork shall include, but not be limited to, the loosening, removing, loading, transporting, depositing, and compacting in its final location of all materials wet and dry, as required for the purposes of completing the work specified in the Contract Documents, which shall include, but not be limited to, the furnishing, placing, and removing of sheeting and bracing if necessary to safely support the sides of all excavation; all pumping, ditching, draining, dewatering, and other required measures for the removal or exclusion of water from the excavation; the supporting of structures above and below the ground; all backfilling around structures and all backfilling of trenches and pits; the disposal of excess excavated materials; alluvial removals, selective grading of expansive soils, soil importing, borrow of materials to make up deficiencies for fills; and all other incidental earthwork, all in accordance with the requirements of the Contract Documents. B. Soil Report: The recommendations within the project's soil report (Geotechnical Evaluation, Alga North Community Park, Carlsbad, California, prepared by Ninyo and Moore dated June 14, 2006 Project No. 104600002 and Addendum dated October 18, 2006) shall be incorporated into this specification. In the event of a conflict between the geotechnical report and these specifications and the project plans, immediately consult the project's Civil Engineer. To prepare an accurate bid, it is suggested that bidders and their geotechnical consultant perform an independent evaluation of the subsurface conditions In the project areas. The independent evaluations may include, but not be limited to, review of other geotechnical reports prepared for ihe adjacent areas, site reconnaissance, and additional exploration and laboratory testing.*^^'>^_r - <c.>^^'^^jp> 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Division 02 FACILITIES SITEWORK, as applicable. B. Division 15 MECHANICAL, Piping, GeneraL 1.3 REFERENCE SPECIFICATIONS, CODES. AND STANDARDS A. Comply with the applicable reference specifications as specified in the GENERAL PROVISIONS. B. Comply with the current provisions of the following Codes and Standards: 1. Commercial Standards: ASTM C 136 - Test Method for Sieve Analysis of Fine and Coarse Aggregates. ASTM D 422 - Test Method for Particle-Size Analysis of Soils. ASTM D 1556 - Test Method for Density of Soil in Place by the Sand-Cone Method. ASTM D 1557 - Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10-lb (4.54-kg) Rammer and 18-in (457-mm) Drop. V City of Carlsbad - Contract No. 38372 Page 1 of 13 Pages necessary, particularly for the parking lot pavement sections. D-B contractor should take soil samples to determine T.I. requirements for design section for ali AC and paved areas. 23. ASTM D4829 Standard Test Method for Expansion Index of Soils was used for Mass Grading project. 24. D/B contractor to address pavement(s) and improvement subgrade and design sections in all areas, but particulady in the "bridged" fill areas. Note, expected settlement and expansion concerns expressed in Ninyo & Moore's report. 25. Light impact equipment should be used when crossing or working over 12" and 24" force mains. 26. D/B contractor to consult with geotechnical engineer for addressing utilities crossing "bridged" fill areas. Water Distribution - Section 02510 27. Reference As-graded geotechnical report dated February 2011. 28. D/B contractor should pay for all required meter fees. 29. D/B contractor to consult with geotechnical engineer for addressing utilities crossing "bridged" fill areas. Sanitary Sewerage - Section 02530 (mark ups included of this specification section) 30. Reference As-graded geotechnical report dated February 2011. 31. D/B contractor shall verify all sewer manhole elevations prior to starting any other work. 32. D/B contractor shail verify ail storm drain and force main crossing elevations prior to starting any other work. 33. D/B contractor to consult with geotechnical engineer for addressing utilities crossing "bridged" fill areas. Asphalt Concrete Pavement - 02550 (mark ups included of this specification section) 34. Reference As-graded geotechnical report dated February 2011. 35. D/B contractor to consult with geotechnical engineer for addressing pavement section and improvement designs in all paved areas, but particularly in the "bridged" fill areas, 36. D/B contractor should consult with a professional geotechnical engineer to address areas still needing remediation and addressing possible settlement at "bridged" fill locations. Cement Concrete Pavement - 02751 37. Reference As-graded geotechnical report dated February 2011 and Mass grading as-builts dated March 2011. 38. Use latest standards and building codes per City standards. 39. D/B contractor to consult with geotechnical engineer for addressing pavement section and improvement designs in "bridged" fill areas. 40. D/B contractor should consult with a professional geotechnical engineer to address areas still needing remediation and addressing possible settlement at "bridged" fill locations. EARTHWORK SECTION 02300 ASTM D 2419 - Test Method for Sand Equivalent Value of Soils and Fine Aggregate. ASTM D 2435 - Test Method for One-Dimensional Consolidation Properties of Soils. ASTM D 2487 - Classification of Soils for Engineering Purposes. ASTM D 2922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). ASTM D 3017 - Test Methods for Moisture Content of Soil & Rock in Place by Nuclear Methods (Shallow Depth). UBC Standnrd 19 P- ""^""* Method for Expansion Index of Soils. 2. Standard Specifications: Standard Specifications for Public Works Construction (SSPWC) Section 211 - Soil and Aggregate Tests SSPWC Section 300 - Earthwork SSPWC Section 306-1 - Open Trench Operations 3. Uniform Building Code. 4. California Labor Code. 1.4 CONTRACTOR SUBMITTALS A. Submittals, including samples of materials, shall be in accordance with the GENERAL PROVISIONS. B. The CONTRACTOR'S attention is directed to the provisions for "Shoring and Bracing Drawings" in Section 6705 of the California Labor Code, and SSPWC Section 306-1.1. The CONTRACTOR, prior to beginning any trench or structure excavation 5 feet deep or over shall submit to the ENGINEER and shall be in receipt of the ENGINEER written acceptance of the CONTRACTOR'S detailed plan showing design of all shoring, bracing, sloping of the sides of excavation, and other provisions for worker protection against the hazard of caving ground during the excavation of such trenches or structure excavation. The plans shall be prepared by a qualified civil or structural engineer licensed in the State of California and employed by an independent engineering firm insured against errors and omissions to the extent required by the ENGINEER. The submittal(s) shall include a site location map referencing existing features; detailed plans; elevations, and various sections indicating all excavation slopes, shoring components and connections and showing all structures and utilities potentially influenced by the performance of shoring, trenching or structure excavation along with supporting calculations; notes including sequence of construction, materials, and other clarification as required by the California Labor Code, SSPWC, and the contract documents. 1.5 QUALITY ASSURANCE city of Carlsbad - Contract No. 38372 Page 2 of 13 Pages EARTHWORK SECTION 02300 A. General: All soils testing will be done by a testing laboratory of the ENGINEER'S choice at the AGENCY'S expense except as specified in Paragraph 1.50 below. B. Where soil material is required to be compacted to a percentage of maximum dry density, the maximum dry density at optimum moisture content will be determined in accordance with the latest version of ASTM D 1557. In-place field density tests will be performed in accordance with ASTM D 1556, (sand cone) and/or ASTM D 2922 and ASTM D 3017 (nuclear gauge). The number and location of field density tests will be determined by the ENGINEER. C. In case the tests of the fill or backfill show non-compliance with the required density, the CONTRACTOR shall accomplish such remedy as may be required to ensure compliance. Subsequent testing to show compliance shall be by a testing laboratory selected by the ENGINEER and shall be at the CONTRACTOR'S expense. All imported fill material not specified in the contract shall be tested at the CONTRACTOR'S expense and approved by the ENGINEER. D. Where imported fill material is required to possess certain gradation, strength, and settlement properties, the grain size distribution of the soils will be determined using ASTM D 422, the gradation of concrete aggregate and base materials will be determined using ASTM C 136, the sand equivalent of soils will be determined using ASTM D 2419, the consolidation of soils will be determined using ASTM D 2435, the unconfined compressive strength of soils wili be determined using ASTM D 2166, and the expansion index of soils will be determined using UBC Standard 18-2. 2.1 SUITABLE FILL AND BACKFILL MATERIAL REQUIREMENT A. General: Fill, backfill, and embankment materials shall be suitable selected or processed clean, fine earth, rock, or sand, and free from grass, roots, brush, or other vegetation; contamination; or deleterious material. The size, gradation, and properties of the materials shall be in accordance with the requirements of the Soil Report and these specifications. B. Suitable materials may be obtained from onsite excavations, may be processed onsite materials, or may be imported provided these materials meet all the requirements in the contract documents. If imported materials are required to meet the requirements of this Section or to meet the quantity requirements of the project, the CONTRACTOR shall provide the imported fill materials and the required conformance reports of test results at no additional expense to the AGENCY, unless a unit price item is included for imported materials (including the appropriate required testing reports) in the bidding schedule. Unclassified filt shall consist of all fill unless separately designated. Unclassified fill shall conform to the requirements of the SSPWC. The following types of suitable materials are designated and defined as follows: 1- Crushed Aggregate Base (CAB) shall conform to the requirements of SSPWC Section 200-2.2. 2. Crushed Miscellaneous Base (CMB) shall conform to the requirements of SSPWC Section 200-2.4. V City of Carlsbad - Contract No. 38372 Page 3 of 13 Pages EARTHWORK SECTION 02300 8. 9. 10. Drainrock shall be crushed rock or gravel, durable and free from slaking or decomposition under the action of alternate wetting or drying. The materia! shall be uniformly graded and shall meet the following gradation requirements: Sieve Size Percentage Passing 1-inch 100 3/4-inch 90-100 3/8-inch 40-100 No. 4 25-40 No. 8 18-33 No. 30 5-15 No. 50 0-7 No. 200 0-3 The drainrock shall have a sand equivalent value not less than 75. The finish graded surface of the drainrock immediately beneath hydraulic structures shall be stabilized to provide a firm, smooth surface upon which to construct reinforcedl^^jg, concrete floor slabs. "' —^ —. ^jLf^^'r^^ Structural Fill shall conform to the General Specifications, the Geotechnical Report Section 8.1.6 (including imported select material), and comprised of soils with a low to very low expansion potential (less than 50 as tested in accordance with UBC Standard 18-2). Plasticity Index shall be 12 or less and the soils should have a low corrosion potential, as defined by the Geotechnical Report. Structure BackfilT'material shall conform to the requirements of SSPWC Section 300-3.5.1 and the requirements herein. Pervious Backfill material shall conform to the requirements of SSPWC Section 300-3.5.2 and the requirements herein. Type A Bedding material shall conform to the requirements for 3/4-inch Crushed Rock, 1/2-inch Crushed Rock, No. 3 Concrete Aggregate, No. 4 Concrete Aggregate, or Portiand Cement Concrete Sand in SSPWC Section 200-1 for pipes larger than 24 inches in diameter. Type A Bedding material shall conform to the requirements for Type B Bedding material or the requirements for Portiand Cement Concrete Sand in SSPWC Section 200-1 for pipes 24 inches or smaller in diameter. Tvpe B Bedding material shall conform to the requirements for 1/2-inch Crushed Rock or No. 4 Concrete Aggregate in SSPWC Section 200-1. Concrete Pipe Bedding material shall conform to the requirements of SSPWC Section 201-1. Sand-Cement Slurry material shall conform to the requirements of SSFWC Section 201-1 for Trench Backfill Slurry. 11. Topsoil material shall conform to the requirements of SSPWC Section 212-1.1. 2.2 USE OF FILL, BACKFILL, AND EMBANKMENT MATERIAL TYPES City of Carlsbad - Contract No. 38372 Page 4 of 13 Pages EARTHWORK SECTION 02300 A. The CONTRACTOR shall use the types of materials as designated herein for all required fill, backfill, and embankment construction hereunder. B. Where these Specifications conflict with the requirements of any local agency having jurisdiction, or with the requirements of a material manufacturer, the ENGINEER shall be immediately notified. In case of conflict therewith, the CONTRACTOR shall use the most stringent requirement, as determined by the ENGINEER. C. Fill and backfill types shall be used in accordance with the foilowing provisions: 1. Unclassified fill shall be placed in all areas unless specifically designated in this section. 2. Primary Structural Fill material shall be constructed of fill as described herein and conforming to the requirements r'^r'yrnmrnr]rr]^i'irrJhp;f]j0^^ism\^<VfbiX. Structural Fill shall be placed in structural areas (including large field lights) on the site to a depth of 3 feet below the bottom of foundations or pool shells, or 5 feet below finish grade, whichever is deeper. The low to very low expansion material shall extend beyond the structural footprint a minimum distance of 8 feet. In areas of flatwork, the low to very low expansion materials shall extend to a depth of 3 feet below finish grade. 3. Pipe zone backfill, as defined under "Pipe and Utility Trench Backfill" herein, shall consist of the following materials for each pipe material listed below. a. Mortar coated pipe, concrete pipe, and uncoated ductile iron pipe shall be provided Type A Bedding, Type B Bedding, or Concrete Pipe Bedding materials as defined herein for pipe zone backfill material. b. Coal tar enamel coated pipe, polyethylene encased pipe, tape wrapped pipe, and other non-mortar coated pipe shall be backfilled with Portland Cement Concrete sand conforming to SSPWC Section 200-1 or Concrete Pipe Bedding material as defined herein for pipe zone backfill material. c. Plastic pipe and vitrified clay pipe shall be backfilled with 3/4-inch Crushed Rock conforming to SSPWC Section 200-1 or Concrete Pipe Bedding material as defined herein for pipe zone backfill material. 4. Trench zone backfill for pipelines as defined under "Pipe and Utility Trench Backfill" shall be Unclassified Fill material as defined herein unless conditions require the use of a designated material as indicated in the Contract Documents. 5. Backfill material for pipelines under paved areas, as defined under "Pipe and Utility Trench Backfill" shall be Crushed Aggregate Base (CAB) material as defined herein or Primary Structural fill. 6. Trench backfill and final backfill for pipelines under structures shall be the same material as used in the pipe zone or Primary Structural fill, except where concrete encasement is required by the Contract Documents. 7. Aggregate base materials under pavements shall be Crushed Aggregate Base (CAB) material constructed to the thickness shown or specified. City of Carlsbad - Contract No. 38372 Page 5 of 13 Pages EARTHWORK SECTION 02300 8. Backfill around or behind structures shall consist of Structure Backfill as defined herein unless indicated otherwise in the Contract Documents. 9. Fill materials beneath structures shall be as follows: a. Fill beneath hydraulic structures or other water retaining structures with underdrain systems shall be drainrock material, as defined herein, constructed to the limits and thicknesses shown or specified. b. Fill beneath structures without underdrain systems shall be Primary Structural Fill as defined herein. c. Fill beneath structures where groundwater must be removed to allow placement of concrete shall be Primary Structural Fill as defined herein. 9. Backfill used to replace pipeline trench over-excavation shall consist of Type B Bedding material as defined herein. PART 3 - EXECUTION 3.1 CLEARING, GRUBBING, AND STRIPPING A. Clearing and grubbing shall be performed in accordance with SSPWC Section 300-1. B. Stripping shall include the removal and disposal of all organic sod, topsoil, grass and grass roots, and other objectionable material remaining after clearing and grubbing from the areas designated to be stripped. The depth of stripping shal! be as shown on the Drawings and specified herein. C. Topsoil from the strippings shall be stockpiled and may be used for the finished site grading, subject to the approval of the ENGINEER. Excess topsoil wit! be placed in the waste disposal areas designated by the ENGINEER. D. Prior to beginning any excavation or fill, strip the topsoil to a depth of 8 inches. In general, topsoil shall be removed where structures are to be built, trenches dug, and roads, parking lots, walks, and similar improvements constructed within the areas presently covered with topsoil. Topsoil shall be stored clear of the construction area. Take reasonable care to prevent the topsoil from becoming mixed with subsoil. 3.2 STRUCTURES, PAVEMENT, AND EMBANKMENT EXCAVATION A. General: Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including ali obstructions of any nature that would interfere with the proper execution and completion of the work. The removal of said materials shall conform to the lines and grades shown or recommended by the Geotechnical Consultant. Unless otherwise provided, the entire construction site shall be stripped of all vegetation, debris, and all deleterious materials, and such materials shall be removed from the site prior to perfonning any excavation or placing any fill. The CONTRACTOR shall furnish, place, and maintain all supports and shoring that may be required for the sides of the excavations, and all pumping, ditching, or other measures for the removal or exclusion of water, including taking care of storm water, groundwater (dewatering if required), and wastewater reaching the site of the work from any source so as to prevent damage to the work or adjoining property. Excavations shall be sloped or otherwise supported in a safe manner in accordance with applicable Uniform Building Code requirements. State safety requirements, and the requirements of City of Carlsbad - Contract No. 38372 Page 6 ot 13 Pages EARTHWORK SECTION 02300 OSHA Safety and Health Standards for Construction (29CFR1926), and the Contract Documents. B. Excavation Slopes/Shoring of Excavations: The CONTRACTOR shall be fully responsible for providing safe excavation slopes or provide constructing shoring and bracing to prevent slides or cave-ins and to protect all existing improvements in the vicinity from damage as required. The CONTRACTOR shall submit to the ENGINEER, for approval, slope excavation shop drawings (if necessary) showing the limits, design criteria, shoring details, sequence of placement and removal, dewatering plans, and other data deemed pertinent by the Engineer to shore the excavation in accordance with the GENERAL PROVISIONS. These shop drawings shall be prepared, signed, and sealed by a qualified Civil or Structural Engineer registered in the State of California. The CONTRACTOR shall not begin excavation operations until the shoring drawings have been reviewed by the ENGINEER. Review of the CONTRACTOR shoring plans shall not be constructed to invalidate other provisions of the GENERAL PROVISIONS (or these Specifications) or relieve the CONTRACTOR of the responsibilities inherent in the pursuance of the work. The CONTRACTOR shall, at its cost and for all its shoring work, obtain permits from the Engineering Department. The CONTRACTOR shall furnish all labor, equipment, and materials to construct, install, and remove the entire shoring system including removal of lagging, soldier beams, and bracing and detensioning of tiebacks. Full compensation for the shoring and its removal shall be considered as included in the Contract Price and no additional compensation will be allowed. Design of shoring shall be in accordance with the applicable requirements of the Uniform Building Code, and the Safety Orders of the Division of Industrial Safety, State of California. The CONTRACTOR shall be responsible for providing more extensive shoring or bracing systems than those required by the Construction Safety Orders when necessitated by conditions indicated on the drawings, specified, or othenwise required by the Work. C. Excavation Beneath Structures: Except where otherwise specified for a particular structure or ordered by the ENGINEER, excavation shall be accomplished (per the Soil Report Section 8.1.2, 8.1.3, and 8.1.4) to a depth of 12 feet or within 5 feet of groundwater, and replaced with compacted fill composed of Unclassified Fill and Primary Structural fill extending to a minimum depth of 5 feet below the proposed finish grade and laterally a minimum of 8 feet beyond all structures. The base of the removal excavation shall extend a minimum of 5 feet laterally plus the depth of the removal beyond the structural areas. The extent of and depths to which the alluvium should be removed shall be evaluated by a representative of the Soil Engineer in the field based on the materials exposed. Where shown or ordered, areas beneath structures or fills shall be over-excavated. When such over-excavation is shown, both over-excavation and subsequent backfill to the required grade shall be performed by the CONTRACTOR. When such over-excavation is not shown on the plan and not specified but is ordered by the ENGINEER, such over-excavation and any resulting backfill will be paid for under a separate unit price bid item if such bid item has been established and approved by the ENGINEER prior to commencing the work; otherwise payment will be made in accordance with a negotiated price. After the required excavation or over-excavation has been completed, the exposed surface shall be scarified to a depth of 8 inches, brought to optimum moisture content, and rolled with heavy compaction equipment to obtain the required relative compaction. ~ s'<^<B - <^'^y^^€j> <s<src3><e^<?^<-ov{:r.-?<:i D. Excavation Beneath Structures: Excavation beneath structures shall be accomplished in accordance with the Soil Report Section 8.1.2 and 8.1.3. Areas across cut/fill transitions shall be accomplished in accordance with the recommendations of the Soil Report Section 8.1.4. E. Excavation Beneath Flatwork and Paved Areas: Excavation under flatwork and areas to be paved shall extend to the bottom of the aggregate base or deeper as necessary such that the upper 3 feet below finish grade shall consist of soil materials with a very low to City of Carlsbad - Contract No. 38372 Page 7 of 13 Pages EARTHWORK SECTION 02300 low expansion potential (less than 50 per UBC 18-2). After the required excavation (and removal and replacement, as necessary) for flatwork and pavement has been completed, the exposed surface shall be scarified to a depth of at least 8 inches, brought to optimum moisture content, and rolled with heavy compaction equipment to obtain ^fir'j— percent of maximum dry density. F. Excavation Subgrade and Below Subgrade: 1. Excavate and shape subgrade to line, grade, and cross-section shown on Drawings. Following receipt of written acceptance for the subgrade by the ENGINEER, compact the subgrade with approved equipment until the top 12 inches is compacted to 95 percent of maximum dry density at optimum moisture content as determined by ASTM D 1557. Remove all soft, loose, or othenwise unsuitable material and replace with suitable sandy material. The finished subgrade shall be firm, hard and unyielding. The subgrade shall be considered to extend over the full width of the base course. Compaction shall extend 18 inches beyond the edge of paving, curb, or form. 2. Where the ENGINEER deems subgrade material to be unsatisfactory, excavation below subgrade will be required to such depths as necessary to remove the unsatisfactory material. Excavation below grade shall be of the same classification as that above it provided it is removed in the same operation as the normal excavation. Special equipment or hand excavation may be required because of the presence of shallow utilities or other unforeseen conditions. G. Notification of ENGINEER; The CONTRACTOR shall notify the ENGINEER at least 2 working days in advance of completion of any structure excavation and shall allow the ENGINEER a review period of at least one day before the exposed foundation is scarified and compacted or is covered with backfill or with any construction materials. 3.3 PIPELINE AND UTIUTY TRENCH EXCAVATION A. General: Unless otherwise shown or ordered, excavation for pipelines and utilities shall be open-cut trenches conforming to SSPWC Section 306-1.1. Trench widths shall be kept as narrow as is practical for the method of pipe zone densification selected by the CONTRACTOR, but shall have a minimum width at the bottom of the trench equal to the outside diameter of the pipe plus 18 inches. B. Trench Bottom: Except when pipe bedding is required, the bottom of the trench shall be excavated uniformly to the grade of the bottom of the pipe. The trench bottom shall be given a final trim, using a string line for establishing grade, such that each pipe section when first laid will be continually in contact with the ground along the extreme bottom of the pipe. Rounding out the trench to form a cradle for the pipe will not be allowed. C. Open Trench: the maximum amount of open trench permitted in any one location shall be 500 feet, or the length necessary to accommodate the amount of pipe installed in a single day, whichever is greater. All trenches shall be fully backfilled at the end of each day or, in lieu thereof, shall be covered by heavy steel plates adequately braced and capable of supporting vehicular traffic in those locations where it is impractical to backfill at the end of each day. The above requirements for backfilling or use of steel plate will be waived in cases where the trench is located further than 100 feet from any traveled roadway or occupied structure. In such cases, how/ever, barricades and warning lights meeting OSHA requirements shall be provided and maintained. City of Carlsbad - Contract No. 38372 Page 8 of 13 Pages EARTHWORK SECTION 02300 D. Trench Over-Excavation: Where the Drawings indicate that trenches shall be over-excavated, they shall be excavated to the depth shown, and then backfilled to the grade of the bottom of the pipe. E. Over-Excavation: When ordered by the ENGINEER, whether indicated on the Drawings or not, trenches shall be over-excavated beyond the depth shown. Such over-excavation shall be to the depth ordered. The trench shall then be backfilled to the grade of the bottom of the pipe. All work specified in this Section shall be performed by the CONTRACTOR when the over-excavation ordered by the ENGINEER is less than 6 inches below the limits shown. When the over-excavation ordered by the ENGINEER is over 6 inches below the limits shown, additional payment will be made to the CONTRACTOR for that portion of the work which is located below said 6 inch distance. Said additional payment will be made under separate unit price bid items for over-excavation and bedding if such bid items have been established; othenwise payment will be made in accordance with a negotiated price. F. Where pipelines are to be installed in embankment or structure fills, the fill shall be constructed to a level at least one foot above the top of the pipe before the trench is excavated. G. Obtain ENGINEER'S approval before beginning excavation. Complete clearing and grubbing prior to the start of trenching. Do not permit excavated materials to cover brush or trees prior to disposal. 3.4 OVER-EXCAVATION NOT ORDERED, SPECIFIED, OR SHOWN A. Any over-excavation carried below the grade ordered, specified, or shown, shall be backfilled to the required grade with the specified material and compaction. Such work shall be performed by the CONTRACTOR at its own expense. 3.5 EXCAVATION IN L^WN AREAS A. Where excavation occurs in lawn areas, the sod shall be carefully removed and stockpiled to preserve it for replacement. Excavated material may be placed on the lawn; provided, that a drop cloth or other suitable method is employed to protect the lawn from damage. The lawn shall not remain covered for more than 72 hours. Immediately after completion of backfilling of the pipeline, the sod shall be replaced in a manner so as to restore the lawn as near as possible to its original condition and to the satisfaction of the ENGINEER. CONTRACTOR shall provide new sod if stockpiled sod has remained so for more than 72 hours within the scope of the contract. 3.6 EXCAVATION IN VICINITY OF TREES A. Except where trees are shown to be removed, trees shall be protected from injury during construction operations. No tree roots over 2 inches in diameter shall be cut without express permission of the ENGINEER. Trees shall be supported during excavation by any means previously reviewed by the ENGINEER. 3.7 PROTECTION OF SUBGRADE A. After preparing the subgrade as specified, all traffic on the subgrade shall be avoided. Should it be necessary to haul over the prepared subgrade, the CONTRACTOR shall drag and roll the traveled way as frequently as may be necessary to remove ruts, cuts, City of Carlsbad - Contract No. 38372 Page 9 of 13 Pages EARTHWORK SECTION 02300 and breaks in the surface. All cuts, ruts, and breaks in the surface of the subgrade that are not removed by the above operations shall be raked and hand tamped. Ail equipment used for transporting materials over the prepared subgrade shall be equipped with pneumatic tires. B. Continued use of sections of prepared subgrade for hauling, so as to cut up or deform it from the true cross-section, wiil not be permitted. The CONTRACTOR shall protect the prepared subgrade from all traffic, C. The CONTRACTOR will be required to plank the subgrade before hauling materials or equipment over it. D. The subgrade shall be maintained in the finished condition until the first succeeding course or steel or concrete is placed. E. The ENGINEER has the right to test the reworked subgrade and approve or disapprove the subgrade depending on its condition. F. The subgrade shall be scheduled so that it is protected from predicted rainfall. 3.8 BACKFILL - GENERAL A. Backfill shall not be dropped directiy upon any structure or pipe. Backfill shall not be placed around or upon any structure until the concrete has attained specified strength to withstand the loads imposed. Backfill around water retaining structures shall not be placed until the structures have been tested, and the structures shall be full of water while backfill is being placed. B. Except for drainrock materials being placed in over-excavated areas or trenches, backfill shall be placed after all water is removed from the excavation. 3.9 PLACING AND SPREADING OF BACKFILL MATERIALS A. Backfill materials shall be placed and spread evenly in layers. When compaction is achieved using mechanical equipment, the layers shall be evenly spread in loose lifts not exceeding 8 inches in thickness so that when compacted each layer shall not exceed 6 inches in thickness. B. During spreading, each layer shall be thoroughly mixed as necessary to promote uniformity of material in each layer. Pipe zone backfill materials shall be manually spread around the pipe so that when compacted, the pipe zone backfill will provide uniform bearing and side support. C. Where the backfill material moisture content is below the optimum moisture content, water shall be added before or during spreading until the proper moisture content is achieved. D. Where the backfill material moisture content is too high to permit the specified degree of compaction, the material shall be dried until the moisture content is satisfactory, at or slightly above optimum moisture content 3.10 COMPACTION OF FILL, BACKFILL, AND EMBANKMENT MATERIALS A. Each layer or fill shall be mechanically compacted using proper compaction equipment to the specified percentage of maximum dry density. Equipment that is consistentiy City of Carlsbad - Contract No. 38372 Page 10 of 13 Pages EARTHWORK SECTION 02300 B. C. D. capable of achieving the required degree of compaction shall be used and each layer shall be compacted over its entire area while the material is at the required moisture content. Flooding, ponding, or jetting shall not be used to density and fill materials unless authorized by the Geotechnical Engineer. Equipment weighing more than 10,000 pounds shall not be used closer to wails than a horizontal distance equal to the depth of the fill at that time, but not less than 5 feet. Hand operated power compaction equipment shall be used where use,of heavier . . equipment is impractical or restricted flue to weight limitations. - ^y^-'^y^'Zi^ /C-rUy Compaction Requirements: The following compaction test requirements shall be in accordance with ASTM D 1557. Where agency or utility company requirements govern, the highest compaction standards shall apply. Location or Use of Fill Percentage of Maximum Density Pipe zone backfill portion above bedding for flexible pipe. 90 Pipe zone backfill bedding and over-excavated zones under bedding/pipe for flexible pipe. 90 Pipe zone backfill portion above bedding for rigid pipe. 90 Pipe zone backfill bedding and over-excavated zones under bedding/pipe for rigid pipe. 90 Final backfill, beneath paved areas or structures. 90 Final backfill, not beneath paved areas or structures. 90 Trench zone backfill. 90 Embankments. 90 Embankments, beneath paved areas or structures. 90 Backfill beneath structures 90 Backfill around structures 90 Landscaped Areas (see section 2900 for additional requirements) 85 Aggregate base and upper 12 inches of pavement subgrade 95 E. Trench Backfill Requirements: The pipe has been structurally designed based upon the trench configuration soecified herein. F. The CONTRACTOR shall maintain the indicated fi^cn^oss^section'up fo a honz^al plane lying 6 inches above the top of the pipe. G. If, at any location under said horizontal plane, the CONTRACTOR slopes the trench walls or exceeds the maximum trench widths indicated in the Contract Documents, the pipe zone backfill shall be "improved" or the pipe class increased as specified herein, at no additional cost to the AGENCY. "Improved" backfill shall mean sand-cement backfill containing at least 188 pounds of cement per cubic yard or equal materials acceptable to the ENGINEER. H. 3.11 A. If tiie allowable vertical deflection specified for flexible pipe is exceeded, the CONTRACTOR shall expose and re-round or replace the pipe, repair all damaged lining and coating, and reinstall the pipe zone material and trench backfill as specified at no additional expense to the AGENCY. PIPE AND UTILITY TRENCH BACKFILL Pipe Zone Backfill: The pipe zone is defined as that portion of the vertical trench cross-section lying between a plane 6 inches below the bottom surface of the pipe, i.e.. City of Carlsbad - Contract No. 38372 Page 11 of 13 Pages EARTHWORK SECTION 02300 the ti'ench subgrade, and a plane at a point 6 inches above the top surface of the pipe. The bedding for flexible pipe is defined as that portion of pipe zone backfill material between the trench subgrade and the bottom of the pipe. The bedding for rigid pipe is defined as tiiat portion of the pipe zone backfill material between the trench subgrade and a level line which varies from the bottom of the pipe to the spring line as shown. B. Bedding shall be provided for all sewers, drainage pipelines, and other gravity flow pipelines. Unless otherwise specified or shown, for other pipelines the bedding may be omitted if all the following conditions exist. 1. The pipe bears on firm, undisturbed native soil which contains only particles that will pass a one-inch sieve. 2. The trench excavation is not through rock or stones. 3. The trench subgrade soils are classified as suitable fill and backfill materials. 4. The trench subgrade soils have, as a maximum, a moisture content that allows C. Where'''S^dBi^g1^1'equtredf'after compacting the bedding the CONTRACTOR shall perform a final trim using a string line for establishing grade, such that each pipe section when first laid will be continually in contact with the bedding along the extreme bottom of the pipe. D. The pipe zone shall be backfilled with the specified backfill material. The CONTRACTOR shail exercise care to prevent damage to the pipeline coating, cathodic bonds, or the pipe itself during the installation and backfill operations. E. Trench Zone Backfill: After the pipe zone backfill has been placed as specified above, and after all excess water has completely drained from the trench, backfilling of the trench zone may proceed. The trench zone is defined as that portion of the vertical trench cross-section lying between a plane 6 inches above the top surface of the pipe and a plane at a point 18 inches below the finished surface grade, or if the trench is under pavement, 18 inches below the roadway subgrade. If concrete or sand-cement slurry backfill are used, the pipe shall be filled with water to prevent flotation. 3.12 EMBANKMENT CONSTRUCTION A. The area where an embankment is to be constructed shall be cleared of all vegetation, roots, dry or desiccated soils, and deleterious materials. Following this, the surface shall be moistened, scarified to a depth of 8 inches, and rolled or otherwise mechanically compacted unless othenwise directed. Embankment fill material shall be placed and spread evenly in horizontal layers. Each layer shall be moistened or aerated, as necessary. Each layer shall not exceed 6 inches of compacted tiiickness. The embankment fill and the scarified layer of underlying ground shall be compacted to 90 percent of maximum dry density as specified herein. B. When an embankment fill is to be made and compacted against hillsides or fill slopes steeper than 5:1, the slopes of hillsides or fills shall be horizontally benched to key the embankment fill to the underiying ground. A minimum of 12 inches normal to the slope of the hillside or fill shall be removed and recompacted as the embankment fill is brought up in layers. Material thus cut shall be recompacted along with the new fill material at the City of Carlsbad - Contract No. 38372 Page 12 of 13 Pages EARTHWORK SECTION 02300 CONTRACTOR'S expense. Hillside or fill slopes 5:1 or flatter shall be prepared in accordance with Paragraph A, above. C. Where embankment or structure fills are constructed over pipelines, the first 4 feet of fill over the pipe shall be constructed using light placement and compaction equipment that does not damage the pipe but still provides the required compaction. END OF SECTION *W City of Carlsbad - Contract No. 38372 Page 13 of 13 Pages SANITARY SEWERAGE 02530 SECTION 02530 - SANITARY SEWERAGE PART 1 - GENERAL 1.1 SUMMARY A. This Section includes gravity-flow, nonpressure sanitary sewerage outside the building, with the following components: 1. Special fittings for expansion and deflection. 2. Cleanouts. 1.2 DEFINITIONS 1. PVC: Polyvinyl chloride plastic. 1.3 PERFORMANCE REQUIREMENTS A. Gravity-Flow, Nonpressure, Drainage-Piping Pressure Rating: 3.5-psi. 1.4 SUBMITTALS A. General: Submit each item in this Article in conformance with requirements of Section 01330. SD-02 Product Data: For the following: 1. Pipeline materials, including joints, fittings, and couplings. 1.5 DELIVERY, STORAGE, AND HANDLING Do not store plastic manholes, pipe, and fittings in direct sunlight. Protect pipe, pipe fittings, and seals from dirt and damage. 1.6 PROJECT CONDITIONS Interruption of Existing Sanitary Sewerage Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated: 1. Notify Owner no fewer than 15 days in advance of proposed interruption of service. 2. Do not proceed with interruption of service without Owner's written permission. 2. PRODUCTS City of Carlsbad - Contract No. 38372 Page 1 of 6 Pages SANITARY SEWERAGE 02530 2.1 MANUFACTURERS In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1, Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include! but are not limited to, manufacturers specified. 2.2 PIPING MATERIALS Refer to Part 3 "Piping /Applications" Article for applications of pipe, fitting, and joining materials. 2.3 PVC PIPE AND FITTINGS PVC Sewer Pipe and Fittings, NPS 4 and Smaller: ASTM D 3034, SDR 35, with bell- and-spigot ends for gasketed joints with ASTM F 477, elastomeric seals. 2.4 NONPRESSURE-TYPE PIPE COUPLINGS Comply with ASTM C 1173, elastomeric, sleeve-type, reducing or transition coupling, for joining underground nonpressure piping. Include ends of same sizes as piping to be joined and corrosion-resistant-metal tension band and tightening mechanism on each end. Sleeve Materials: 1. For Plastic Pipes: ASTM F 477, elastomeric seal or ASTM D 5926, PVC. 2, For Dissimilar Pipes: ASTM D 5926, PVC or other material compatible with pipe materials being joined. 2.5 CLEANOUTS PVC Cleanouts: PVC body with PVC threaded plug, include PVC sewer pipe fitting and riser to cleanout of same material as sewer piping. A. Manufacturers: 1. Canplas Inc. 2. IPS Corporation. 3. NDS Inc. 4. Plastic Oddities, Inc. 5. Sioux Chief Manufacturing Company, Inc. 6. Zurn Light Commercial Specialty Plumbing Products; Zurn Plumbing Products Group. 2.6 MISCELLANEOUS MATERIALS Paint: SSPC-Paint 16. 3. EXECUTION o City of Carisbad - Contract No. 38372 Page 2 of 6 Pages SANITARY SEWERAGE 02530 3.1 EARTHWORK Excavating, ti-enching, and backfilling are specified in Division 2 Section "Earthwork." 3.2 PIPING APPLICATIONS Pipe couplings and special pipe fittings with pressure ratings at least equal to piping rating may be used in applications below, unless otherwise indicated. 1. Use nonpressure-type flexible couplings where required to join gravity-flow, nonpressure sewer piping, unless otherwise indicated. Rigid couplings for same or minor difference OD pipes. Rigid couplings for pipes with different OD. Ring-type flexible couplings for piping of different sizes where annular space between smaller pipe's OD and larger pipe's ID permits installation. 2. Use pressure-type pipe couplings for force-main joints. Special Pipe Fittings: Use for pipe expansion and deflection. Pipe couplings and special pipe fittings with pressure ratings at least equal to piping rating may be used in applications below, unless otherwise indicated. Gravity-Flow, Nonpressure Sewer Piping: Use the following pipe materials for each size range: 3. NPS 6: PVC sewer pipe and fittings, gaskets, and gasketed joints. 3.3 PIPING INSTALLATION General Locations and Arrangements: Drawing plans and details indicate general location and arrangement of underground sanitary sewerage piping, Location and arrangement of piping layout take design considerations into account. Install piping as indicated, to extent practical. Where specific installation is not indicated, follow piping manufacturer's written instructions. Install piping beginning at low point, true to grades and alignment indicated with unbroken continuity of invert. Place beil ends of piping facing upstream. Install gaskets, seals, sleeves, and couplings according to manufacturer's written instructions for using lubricants, cements, and other installation requirements. Install manholes for changes in direction, unless fittings are indicated. Use fittings for branch connections, unless direct tap into existing sewer is indicated. Install proper size increasers, reducers, and couplings where different sizes or materials of pipes and fittings are connected. Reducing size of piping in direction of fiow is prohibited. Tunneling: Install pipe under streets or other obstructions that cannot be disturbed by tunneling, jacking, or combination of both. Install gravity-flow, nonpressure, drainage piping according to the foitowing: City of Carlsbad - Contract No. 38372 Page 3 of 6 Pages SANITAFW SEWERAGE 02530 1. Install piping pitched down in direction of flow, at minimum slope of 2 percent, unless otherwise indicated. 2. Install piping below frost line. 3. Install PVC sewer piping according to ASTM D 2321 and ASTM F 1668. Clear interior of piping and manholes of dirt and superfluous material as work progresses. Maintain swab or drag in piping, and pull past each joint as it is completed. Place plug in end of incomplete piping at end of day and when work stops. 3.4 PIPE JOINT CONSTRUCTION Where specific joint construction is not indicated, follow piping manufacturer's written instructions. Join gravity-flow, nonpressure, drainage piping according to the following: 1. Join PVC sewer piping according to ASTM D 2321 and ASTM D 3034 for elastomeric-seal joints or ASTM D 3034 for elastomeric-gasket joints. 2. Join dissimilar pipe materials with nonpressure-type, flexible or rigid couplings. 3.5 CLEANOUT INSTALLATION Install cleanouts and riser extensions from sewer pipes to cleanouts at grade. Use cast-iron soil pipe fittings in sewer pipes at branches for cleanouts and cast-iron soil pipe for riser extensions to cleanouts. Install piping so cleanouts open in direction of flow in sewer pipe. 1. Use medium-duty, top-loading classification cleanouts in paved foot-traffic areas. 2, Use extra-heavy-duty, top-loading classification cleanouts in roads. Set cleanout frames and covers in earth in cast-in-place-concrete block, 18 by 18 by 12 inch deep. Set with tops 1 inch above surrounding grade. Set cleanout frames and covers in concrete pavement with tops fiush with pavement surface. 3.6 CONNECTIONS Connect nonpressure, gravity-flow drainage piping to building's sanitary building drains specified in Division 15 Section "Sanitary Waste and Vent Piping." Make connections to existing piping and underground manholes. 1. Use commercially manufactured wye fittings for piping branch connections. Remove section of existing pipe; install wye fitting into existing piping; and encase entire wye fitting, plus 6-inch overiap, with not less than 6-inch of concrete with 28-day compressive strength of 2500-psi. city of Carlsbad - Contract No, 38372 Page 4 of 6 Pages SANITARY SEWERAGE 02530 2. Make branch connections from side into existing piping, NPS 18 or larger, or to underground manholes by cutting opening into existing unit large enough to allow 3 inches of concrete to be packed around entering connection. Cut end of connection pipe passing through pipe or structure wall to conform to shape of and be flush with inside wall, unless otherwise indicated. On outside of pipe or manhole wall, encase entering connection in 6 inches of concrete for minimum length of 12 inches to provide additional support of collar from connection to undisturbed ground. Use concrete that will attain minimum 28-day compressive strength of 2500-psi, unless otherwise indicated. Use epoxy-bonding compound as interface between new and existing concrete and piping materials. 3. Protect existing piping and manholes to prevent concrete or debris from entering while making tap connections. Remove debris or other extraneous material that may accumulate. 3.7 CLOSING ABANDONED SANITARY SEWERAGE SYSTEMS Abandoned Piping: Close open ends of abandoned underground piping indicated to remain in place. Include closures strong enough to withstand hydrostatic and earth pressures that may result after ends of abandoned piping have been closed. Use either procedure below: 1. Close open ends of piping with at least 8-tnch-thick, brick masonry bulkheads. 2. Close open ends of piping with threaded metal caps, plastic plugs, or other acceptable methods suitable for size and type of material being closed. Do not use wood plugs. Abandoned Manholes: Excavate around manhole as required and use either procedure below: 3. Remove manhole and close open ends of remaining piping. 4. Remove top of manhole down to at least 36 inches below final grade. Fill to within 12 inches of top with stone, rubble, gravel, or compacted dirt. Fill to top with concrete. Backfill to grade according to Division 2 Section "Earthwork." 3.8 IDENTIFICATION Materials and their installation are specified in Division 2 Section "Earthwork." Arrange for installation of green warning tapes directiy over piping and at outside edges of underground manholes. 1. Use warning tape or detectable warning tape over ferrous piping. 2. Use detectable warning tape over nonferrous piping and over edges of underground manholes. ••^ City of Carlsbad - Contract No. 38372 Page 5 of 6 Pages SANITARY SEWERAGE 02530 3.1 FIELD QUAUTY CONTROL Test new piping systems, and parts of existing systems that have been altered, extended, or repaired, for leaks and defects. 1. Low Pressure Air Test in accordance with UBPPA UNi-B-6. 2. Deflection Testing: conduct a deflection test on entire length of installed pipeline in accordance with ASTM D 2412. 3. Leakage Testing: test line for leakage by either infiltration or exfiltration tests. Leaks and loss in test pressure constitute defects that must be repaired. Replace leaking piping using new materials, and repeat testing until leakage is within allowances specified. 3.2 CLEANING Clean interior of piping of dirt and superfluous material. END OF SECTION 02530 City of Carlsbad - Contract No. 38372 Page e of 6 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 SECTION 02550 - ASPHALT CONCRETE PAVEMENT AND BASE PART 1 - GENERAL 1.1 THE REQUIREMENT A. THE CONTRACTOR shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated in the Contract Documents and specified herein. B. This section covers the work necessary to construct the following street, access road, and parking area, complete, in place, in accordance with the requirements of the Contract Documents. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. Section 02300 Earthwork. 1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Comply with the applicable reference specifications as specified in the GENERAL PROVISIONS. B. Work of this section shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (SSPWC), unless otherwise specified herein. 1.4 CONTRACTOR SUBMITTALS A. Submittals shall be made in accordance with the GENERAL PROVISIONS, and the requirements of this section. B. Samples: Prior to the delivery of specified aggregate to the site, the CONTRACTOR shall submit samples of the material for the INSPECTOR'S acceptance in accordance with SSPWC Section 4-1.4. Samples shall be typical of materials to be furnished from the proposed source and in conformance with the specified requirements. C. The CONTRACTOR shall formulate a job-mix formula [Performance Grade (PG)] per Greenbook Section 203-6.2 and submit it to the ENGINEER for approval. D. Certificates: 1. Twenty days prior to the deiivery of aggregates, asphalt materials, and paving mixes to the project site, the CONTRACTOR shall submit to the ENGINEER certificates and test results of compliance of such materials with these Specifications. 2. Where laboratory testing is specified herein, the CONTRACTOR shall employ an independent testing laboratory to conduct such tests and submit certificates of the test results. 1.5 QUAUTY ASSURANCE A. Quality assurance will be provided by the INSPECTOR. The AGENCY will provide inspection at the asphalt plant and laboratory services within 50 miles of the geographical limits of the CITY OF CARLSBAD. City of Carlsbad - Contract No.38372 Page 1 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 B. The CONTRACTOR shall be responsible for quality control. PART 2 - PRODUCTS 2.1 GENERAL A. The CONTRACTOR shall make all tests necessary to tocate a source of materials that meet the Specifications, Final approval of the aggregate material will be based on tests of material taken by the CONTRACTOR from the compacted base course. 2.2 BASE COURSE A. Crushed aggregate for the base course shati be Class 2 Aggregate Base per Caltrans Standard Speciflcations and as specified below. Crushed slag base will not be allowed. Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shal! be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portiand cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the foitowing tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" - 100 3/4" 50-85 90-100 No. 4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUAUTY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Mm. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another days work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work wilt comply with the requirements specified for "Operating Range." City of Cartsbad • Contract No.38372 Page 2 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02SSO If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shail be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 2.3 ASPHALT CEMENT A. Asphalt cement for binder shall be Performance Grade PG 64-10 paving asphalt and shall conform to the requirements of SSPWC Section 203-1 PAVING ASPHALT and Section 203-2 untess otherwise specified in this section. City of Carlsbad - Contract No.38372 Page 3 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 TABLE 203-1.2 (B) Grade AASHTO Test PG58-22 PG64-10 PG64-16 PG64-28 PG70-10 Ori ginal Binder Flash Point, °C, minimum T48 230 230 230 230 230 Solubility, %. minimum T44 99.0 99.0 99.0 99.0 99.0 Viscosity, 135°C, Pa s, maximum^ T316 3.0 3.0 3.0 3.0 3.0 Dynamic Stiear Test Temperature, "C T315 58 64 64 64 70 Dynamic Shear, 10 rad/s, GVSinS, kPa, minimum T315 1.00 1.00 1.00 1.00 1.00 RTFO Aged Binder Mass Loss, %, maximum T240 1.00 1.00 1.00 1.00 1.00 Dynamic Shear Test Temperature, °C T315 58 64 64 64 70 Dynamic Shear, 10 rad/s, G'/SinS, kPa, minimum T315 2.20 2.20 2.20 2.20 2.20 Ductility, 25°C, 5 cm/min, cm, minimum T51 75 75 75 75 75 RTFO and PAV Aged Binder PAV Aging Temperature, °C R28 too 100 100 100 110 Dynamic Shear Test Temperature, °C T315 22' 31" 28" 22" 34" Dynamic Shear. 10 rad/s, G* Sin6, kPa, maximum T315 5000 5000 5000 5000 5000 Bending Beam Test Temperature, °C T313 -12 0 -6 -18 0 Creep Stiffness, MPa, maximum T313 300 300 300 300 300 m-vaiue, minimum T313 0.300 0.300 0,300 0.300 0.300 *Th!s requirement may be waived at the discretion of the specifying agency if the supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet alt applicable safety standards "if the PAV aged binder exceeds 5000 kPa at the designated test temperature, it will be deemed acceptable if it is less than 5000 kPa when tested at a 3°C higher test temperature City of Carlsbad - Contract No,38372 Page 4 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 Test Reports and Certification. Asphalt shall be supplied by state DOT approved vendors or as specified in the Special Provisions. At delivery time, the supplying vendor will deliver to the purchaser certified copies of the test report. This report shall indicate the vendor's name, type and grade of asphalt delivered, date and point of delivery, quantity delivered, ticket number, purchase order number, and results of specified tests. The certified test reports and the testing required in connection with the reports shall be submitted at no cost to the Agency in accordance with 2-5.3.4. Until the certified test reports and samples of the material have been checked by the Engineer to determine their conformity with the prescribed requirements, the material to which such report relates and any work in which it may have been incorporated as an integral component, wilt be only tentatively accepted by the Agency. Final acceptance will be dependent upon the determination by the Engineer that the material involved fulfills prescribed requirements. Temperatures. Asphalt shall not be heated during its manufacture, storage, or during construction so as to cause formation of carbonized particles. At no time shall the temperature be higher than 5°C (10°F) betow the actual flash point of the asphalt, nor shall it be raised above 19Q°C (375°F) after loading into a tank car or truck for transport. Unless othenwise specifled, the various grades of asphalt shall be applied at a temperature range as indicated in the following table; TABLE 203-1.4 {A ASPHALT GRADE PLANT TEMPERAT MIXING URE °C {°F) DISTRIBUTION TEMPERAT APPLICATION URE °C (°F) ASPHALT GRADE Minimum Maximum Minimum Maximum PG 70-10 PG 64-28 PG 64-16 PG 64-10 PG 58-22 150 (300) 135 (275) 135 (275) 135 (275) 135 (275) 175 (350) 160 (325) 160 (325) 160 (325) 160 (325) 140 (285) 140 (285) 140 (285) 140 (285) 140 (285) 175 (350) 175 (350) 175 (350) 175 (350) 175 (350) Asphalt shall be heated in such a manner that no steam or hot oils will be introduced into the asphalt during heating. The Contractor shall furnish and keep on the site an accurate thermometer suitable for determining the temperature of the asphalt. Distributing Equipment. Distributing equipment shall meet the requirements of 203-2.5. 2.4 PRIME COAT A. Asphalt to be used for a prime coat shall be liquid asphalt SC-250 and shall conform to the requirements of SSPWC Section 203-2 LIQUID ASPHALT. 2.5 TACK COAT A. Asphalt emulsion shall be CSS-lh and shall conform to the requirements of SSPWC Section 203-3 EMULSIFIED ASPHALT. City of Carlsbad - Contract No.38372 Page 5 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 2-6 ASPHALT CONCRETE A. Asphalt concrete for paving shall be Performance Grade C2-PG-64-10 surface course and B-PG-64-10 base course with up to 15% RAP allowed per Section 203-6.1. Thedesign mix report shall indicate results of all testing requirements identified in Table 203-1.2 (B) and 203-6.2 of the SSPWC. Asphalt concrete shall meet the requirements of Section 203-6 of SSPWC unless otherwise specified herein. PART 3 - EXECUTION 3.1 EXCAVATION AND BACKFILL A. Excavation and backfill are specified in Section 02300 "Earthwork". 3.2 PREPARATION OF SUBGRADE /^^<c ^..^^^^^ A. Shape subgrade to the grades shown on the Drawings and roll with a three-wheeled power roller weighing approximately 10 tons. Compression under the rear wheels shall be at least 325 pounds per inch of wheel width. Other rollers may be used subject to prior acceptance by the ENGINEER. As the rolling of the subgrade proceeds, dig out all soft or spongy areas and fill the resulting holes with suitable material satisfactory to the INSPECTOR. Dispose of excess materials resulting from the grading. Do not use rollers adjacent to structures where such use may cause damage. Where the base course abuts structures and compaction with a roller is not practicable, compact the area with pneumatic tampers or other approved equipment. Compact upper 12" subgrade to no less than 95% maximum dry density as determined by ASTM test D-1557-91. B. Use of the prepared subgrade for hauling will not be permitted. The CONTRACTOR shall protect the prepared subgrade from all traffic. C. The subgrade shall be maintained in the finished condition until the first succeeding course is placed, 3.3 BASE COURSE A. Place crushed aggregate base in a uniform layer over the entire area to receive base course, without segregation of size, to such loose depth that when compacted with the power roller, the course shall have the required thickness shown on the Drawings. Compact over the full-width until a density of 95 percent as determined by AASHTO T 180 is obtained. Blade the base with a grader and roll, while damp, with the power roller specified above until the course is thoroughly and uniformly compacted and its surface is smooth and conforms to the grade requirements specified. Maintain the surface in its finished condition until the succeeding layer is placed. 3.4 PRIME COAT A. A prime coat shall be applied to the Base Course in conformance with SSPWC Section 302-5.3. 3.5 CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT City of Carlsbad - Contract No.38372 Page 6 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 A. Lay asphalt concrete over the aggregate base in accordance with the SSPWC Section 302-5,5. The method of proportioning, mixing, transporting, laying, processing, roiling the material, and the standards of workmanship shall conform to the applicable requirements of SSPWC Section 302-5 ASPHALT CONCRETE PAVEMENT. At no time shall the coarse aggregate that has segregated from the mix be scattered across the paved mat. B. A tack coat of emulsified asphalt shall be applied to the first lift of the pavement prior to placing the second lift Application shall be in conformance with SSPWC Section 302-5.4. C. Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propetled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations. General, modify as follows: Second paragraph. Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. Manholes (and other structures), delete the first paragraph and replace with the following: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located and raised within 72 hours after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. Alt City of Carlsbad sanitary sewer access covers shail be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. Other Agencies may provide adjustment rings or extensions for their appurtenances. See Section 5-6 COOPERATION for the Contractor's responsibilities regarding other Agency's appurtenances. D. The INSPECTOR will examine the base before the paving has begun. The CONTRACTOR will correct any deficiencies before the paving is started. Roll each lift of the asphalt concrete and compact to 95 percent of the density obtained with the California Kneading Contractor per California Test 304. The grade, line, and cross section of the finished surface shall conform to the Drawings. City of Carlsbad - Contract No.38372 Page 7 of 8 Pages ASPHALT CONCRETE PAVEMENT AND BASE 02550 3.6 CLEANUP A. Clean alt debris and unused materials from the paving operation. Clean ali surfaces that have been spattered or defaced as a result of the paving operation. Asphalt or asphalt stains which are noticeable upon surfaces of concrete or materials which wil! be exposed to view shail be promptly and completely removed. Cleaning shail be done in a manner that will not result in any discharge of contaminated materials into any catch basin. END OF SECTION 02550 City of Carlsbad - Contract No.38372 Page 8 of 8 Pages AS-GRADED GEOTECHNICAL REPORT ALGA NORTE COMMUNITY PARK - MASS GRADING AND STORM DRAIN (CONTRACT 38372) POINSETTLV LANE AND ALICANTE ROAD CARLSBAD, CALIFORNIA PREPARED FOR: City ofCarlsbad 1635 Faraday Avenue Carlsbad, California 92008 PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 December 6,2010 (Revised February 4,2011) Project No. 104600005 •y/iOkumnHoaa • San Dieqo, California 9212J • Prone |8i.8) i.76-1000 • f'ax |858) 576-9600 '.arL'^go • Irvine • L05Anqfl« • Rsrvrf« Lu-amoRoa • tJaWaix) • Vinftenasco • 5x^,nnmemo Lai Vegas • Pf^oer.n - Tuoon • Rt-jcott W9i!e>' • Denver • EiF^so • t loi.«oi ALGJA NORTE CO^^MUNITT PARK HASS GRADING IMPROVEMENT PLANS CITT OF CARLSBAD (^CREATION DEPARTMENT CONTRACT NO 38312 COKTACT ftWON. IMU. MCWLPK PC MM 0*60 OA* < KLBcmc OCUHMM BLVD. «E!» OC»m»Vt,eA«M4 f«W WMC». I ' AOMMftTKAtlON >-T>#ILCAHMOCU. CANL«MC3.CAV«M C4«].»»AP IWWgp acMOOL n»T»)gT AertMtnuncN C<WLWMp.eAM»»» Cftr c» CW140A0 »» VAIWlOAr AVINUE CAHLfiBAa. CA «3«C* CITY CMLMMD • » rAMWAT AV«W> OTY COl**ClL CLAUDE •OLD' LEttltfi . MATOIR M*t KULCWN- MATOR PRO TfiM MATT WALL - CCWCIL MEHKR MAWC PAOCWO - CCWCIL nETtOBR KCrTW BLAOCBUHN - CCWCIL rEfTOR CAn-eOAO IWCVAL WATBN DI*TWCr W# CAMNO HBAL CM<L5eAO.eA<ttM« CfTT CMLeAO IM» fAIUpAT AvVNLB CAR9L»Ae. CA SMM ACnNISTfUflcH IMtf CmCM UAT CAMLflCMO. CA UCWA IM-UMWl AeniNraTMTioK »««eWCN WAT CAMLBBAD. CA VMS ViCiNITr NAP f »o. CO. cewTwei. rr. ieSS^m*i MITMOH LA AvINUC NOWW COMrr CONTHM. DATA CITT OfCi«.90AO PAMOPAT AWU CAW.8aAo. CA ttoe FtfUDAT AVCNUE CMLjaAp. CA «ee« O CA^teAO T*4CT MD. n-«».LA COSrA OMlNa. ACCOMDMS TO rul» NOL UftAl »Hilp M Tt« <^«ce 0» 1*« COlWTT l«C«HE)«K o»n« cowTT MN DmaoeHPwSSuKTB ae»i wT«ciir CMLMAO.OXKTTC»»JIN D«ao. MATE cr eAt.«VW«A LOCATION rtAP DIG ALERT CALL I^OtnOMOM? HKVtOE ALMT- M pio. CALL rou. n«e AT raeSiTiiTji^ ;WJ«V«CllON <ll*MirT OF IWOWJM THAT A Dia ALOW ixCAyAii* u v*i.io Ott ALBRt IO. swjjot AtB«[T reu. rms AT fWOWWO OATft e rou on BfiCLARATION OP RE&PONaiBLE gUAIcag. 'J!^^^ CCCLiUV TK4T I M^ THE L>WaCAn AI^MrflCT CT MOm KOt IMS nHUMT Ouj 0 i^s-guitrj 6 iibf CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPEOFICATIONS FOR ALGA NORTE COMMUNITY PARK MASS GRADING CONTRACT NO. 38372 BID NO. PWS10-13ENG Revteed 03/25/09 Contract No. 38372 Page 1 of 1 TAB 2 - ARCHITECTURAL CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK CONSTRUCTABILITY PRELIMINARY REVIEW COMMENTS FEBRUARY 21, 2007 SECTION/DISCPLINE: Architectural -12:30 PM to 2:00 PM Contract Drawings DWG AS7.4 1. Indicates steel fence and gates which occur between buildings 1, 2, 3 and 4. The referenced details, 18 & 19/AS7.3 illustrate a mounting bolt on the inside face of the tube steel tube and state: "Anchor Bolt Per Structural". No information regarding this work found on the structural plans, including bolt size or spacing. The referenced details indicate the mounting bolt is located inside the steel tube. In order to install a bolt in this way, a hole larger than the bolt and washer would need to be drilled or cut in the outside wall of the tube and then patched in the field after installation of the tube. There is no reference on the plans regarding access to this bolt or patching of the steel tube. Detailing not complete. Some access holes shown in some detail, but not others DWG A2.6 1. Indicates the bottom of truss for Building 2 is 11 "-0" aff. Plan sheet A2.3 indicates that most of the acoustic ceiling is at 10'-0" aff. Plan sheet M2.1 indicates that most of the HVAC ducts are at least 14" high. It appears that there is insufficient space between the bottom of truss and the acoustic ceiling to accommodate the HVAC ducts. Not corrected. DWG AS3.1 1. Indicates a mezzanine located over Rooms 309b., 311 & 311 a. which is accessible through a 30"x30" ceiling access panel. The location ofthe access panel shown on A3.la conflicts with the location indicated on A3.3. Either location conflicts with other components including the roof access ladders and EF 3-7 & 3-8 shown on M3.1. The mezzanine deck framing consists of 2x12 at 16" o/c. There is no structural detail indicating the framing for this 30° opening. Not corrected Page 15 of 16 DUDEK Alga Norte Community Park Specification Review November 2, 2011 1. Most specification sections refer to Related Documents: "(reneral provisions incliuiing general anci supplemental conciitions and Divi.sion I specification .sections apply to tliis section. " There are no General Provisions included in the specification book. This statement should be deleted from all specifications. 2. Section 06100 Rough Carpentry is included twice in the .specifications. 3. Section 09100 Metal Support Systems is included twice in the specifications. 4. Section 09220 Plaster. No minimum duration specified for plaster cure. 5. Section 09260 Gypsum Assemblies is included twice in the specifications. 6. Section 09661 Grafitti Coatings is included twice in the specifications. 7. Section 10505 is titled Metal Lx)cker,s, however the specified lockers are solid phenolic. 8. Section l0165Toiiel Partitions is included twice in the specifications. 9. Section 10525 High Security Key Boxes is included twice in the specificalions. 4722 Birchwood Circle Carlsbad, CA 92008 Tel/Fax 760-720-9414 www.honourgroup.us TAB 3 - FOOD SERVICE CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK CONSTRUCTABILITY PRELIMINARY REVIEW COMMENTS FEBRUARY 21,2007 SECTION/DISCPLiNE: Mwiiaiiiual - 10:00 AM lo i 1:00 AM Comments: Contract Drawings ^G M1.1 and A1.2 ir"^Ei$haust Fan (EF) 1 -4 and roof curb my not fit between solar panels, see Ml .1. Shefets^2: Solar panels in question appear to be deleted or are a different shade. R>r<i|arification, make the solar match between divisions. Provide a detaihseqtion for relief louvers at buiiding 1 mechanical room. DWG M1.0: 1. DWG^ 1. Provide louver schedule on the should be on M1.0. Provide specification for discharge louvers on sheet M1.0. 13.1 hanical general notes, legends and schedule, ^2-1, EF2-2 and add to schedule •3-7 and EF3-8) Provide access through hard lid ceiling for maintenance and or sefXfic^This may impact roof hatch and louver shaft as designed, verify to ensure nofiofiflicts. 2. #6. Sheet M3.1 aTid^^lA: Location of roof hatch on M3.1 is directly in conflict with EF 3-7. This will irftpaojstructural and mechanical locations. The reflective ceiling plan shows a differentTlJeatipn. A3.3 appears to have a scale issue with layers. 3. Provide a section through the showers, nT^n^s^oilets and women's toilets. Detail exhaust duct through truss space and ceiling, m^iy-b^n conflict with ceiling/truss space is limited. Add elevation changes and locationsTof^F 3-7 and EF 3-8 exhaust duct layout. 4. Add exhaust louvers to building #3, interior elevation, EF 3-7 and Sheet K Food Services 1. Grease duct will require access door for cleaning. They must be equivalent to fire master fire wrap. Page 10 of 16 TAB 4 - ELECTRICAL Electrical DRAWING COMMENTS NOT CORRECTED FROM INITIALREVIEW DWG. E01.0 (Electrical General Notes and Symbols List) 1. Not corrected. We recommend that this note be amended to direct the contractor to Specification section 16010 1.14A, as this section contains an allowance of $50K for the connection of all utilities, including SDG&E. DWG, E0.40 (Panel Schedules) 1. Corrections are still needed to coordinate kitchen equipment schedule and drawings on DWG. E5.1 with Panel Schedule K. We recommend further review. DWG. E0.50 (Lighting Fixture Schedules) 1. Unused fixture types a. Fixture types A3, L1, M2, Q, Ul, & V deleted from schedule b. Type E is used on DWG. E3.1 detail 2. c. Type SF was not located on any drawing. 2. Not corrected. Voltage still shows as 277 on Lighting Fixture Schedule. This fixture is a dual voltage 120/277 unit. We recommend the Ughting Fixture Schedule be changed to reflect this information. DWG. E1.0 (Eiectrical Site Plan - North) 1. Duct bank termination per key note 3, 4 & 5 a. These duct banks appear to be intended to interconnect buildings 1 & 2, 2 & 3 and 3&7. Some ofthe conduit termination points are shown, as outlined in paragraphs 1 b, 1 c, 1 d, and 1 e below. i. DWG El .2 (Building 1 Enlarged Electrical Room plan) shows: 1. LGP1 and LCP1A locations. Clarify which one of these is to be the termination point for the lighting control cable conduit and if an interconnect conduit is needed between the two panels. 2. 3 voice/data conduits terminated at the TBB 3. FATC1 location. Clarify if this is the termination point for the fire alarm conduit. 4. No termination point identified for the intrusion alarm conduit. Needs clarification. 5. Spare conduit locations are shown in the tele/fire riser room. ii. DWG E2.3 (Building 2 Enlarged Data/Comm room plan) shows: 1. LCP2 location, Clarify if this is the termination point for the lighting control cable conduits. 2. One set of 3 voice/data conduits terminated at the TBB. Clarify where the second set terminates, 3. No termination point identified for the fire alarm conduits. Needs clarification. 4. No termination point identified for the intrusion alami conduits. Needs clarification. 5. One set of spare conduit locations in data/comm room. Clarify where the second set terminates. iii. DWG. E3.3 (Building 3 Signal Plan) shows: 1. LCP3 location. Clarify if this is the terminatron point for the lighting control cable conduit. 2. No termination point identified for the voice/data conduits. Needs clarification. 3. No termination point identified for the fire alarm conduit. Needs clarification. 4. No termination point identified for the intrusion alarm conduit. Needs clarification. 5. No termination point identified for the spare conduits. Needs clarification. iv. DWG. E4.1 (Building 5,6,and 7 Power Lighting and Signal Pian) detail 6 shows: 1. LCP5 location. Clarify if this is the termination point for the lighting control cable conduit 2. No termination point identified for the signal conduits. Needs clarification. v. Additional clarification is needed for the termination points not shown. We recommend: 1. Add key note referring to Fire Alarm Riser detail on DWG. E.Oi. This diagram is not complete. See further notes listed under Drawings - New Issues. 2. Add key note referring to Voice/data Riser Diagram, detail 5 on DWG. E5.3 3. Add key note referring to Building Lighting Controi Riser Diagram, detail 2 on DWG ES.5. This diagram is not complete. See further notes listed under Drawings - New Issues. 4. Add a riser diagram for the Intrusion alarm conduit and the Spare conduits. 5. We suggest grouping all the signal riser diagrams in a singie location for easier reference. 2. Key notes 6, 7 & 8 are now used. Keynotes 14,15 & 16 do not appear to have been used on the site drawings. For clarification we recommend they be removed if not used. DWG. E1.01 (Electrical Site Plan - South) 1, Duct bank termination per key note 3 & 5 a. These duct banks appear to be intended to interconnect buildings 1 & 6 and 5 & 6. Some of the conduit termination points are shown, as outlined in items 1c and 1d below. i. DWG. E4.1 Building 5 detail 1 drawing shows: 1. LCP5 location. Clarify if this is the termination point for the lighting control cable conduit 2, No termination point identified for the signal conduits. Needs clarification. ii. DWG. E4,1 Building 6 detail 4 drawing shows: 1. Sport lighting and exterior light control location Clarify if this is the termination point for the lighting control cable conduit 2. TBB location. Clarify if this is the termination point for the voice/data conduits. 3. Fire Alarm Terminal location. Clarify if this is the termination point for the fire alarm conduit 4. No termination point identified for the intrusion alarm conduit. Needs clarification. 5. No termination point identified for the spare conduits. Needs clarification. iii. Additional clarification is needed for the termination points not shown. We recommend: 1. Key note referring to Fire Alarm Riser detail on DWG. E.OI, 2. Key note referring to Voice/data Riser Diagram, detail 5 on DWG. E5.3 3. Key note referring to Building Lighting Control Riser Diagram, detail 2 on DWG E5.5. 4. Additional riser details for the FACP conduit, intrusion alarm conduit and spare conduits. 5. Grouping all the signal riser diagrams in a single location for easier reference 1. Power and signal conduit separation is now shown on DWG. E5.1. We recommend a reference to this detail be included with the key notes, 2. Key notes 6, 7 & 8 are now used. Keynotes 14,15 & 16 do not appear to have been used on the site drawings. For clarification we recommend they be removed if not used. DWG. E1.2 (Building 1 Power and Signat Plan) 1. Not corrected. Key note 4 remains on the Key Notes list and is not used on the drawing. DWG. E2.2 (Building 2 Power and Signal Plan) 1. Unused Key notes 1 and 5 a. Key note 1 is used in room 201. b. Key note 5 still does not appear on drawing, We recommend it be removed for clarity. DWG. E5.1 (Building 3 Kitchen and Details) 1. Not corrected. We recommend that this detail be removed as cast in place transformer pads are no longer altowed by the local utility (SDG&E). DWG. E5.2 (Electrical Details) 1. Detail 2 direct the Generator installer to "Provide seismic restraint per Detail 6 on this sheet". Detail 6 shows Locking Plug Box Detail. We believe detail call out should be "per Detail 4 on this sheet". DWG. MRS (Pool and Miscellaneous Water Handling Equipment) Misc. notes: Not all issues can be confirmed as corrected as DWG. MRS was not included with the reviewed drawing set. 1. Partially corrected. Panel SP, SP1 and SP2 are now included. The need for SPS cannot be confirmed without DWG. MRS. a. Not confirmed b. Not confirmed c. Not confirmed DRAWINGS - NEW ISSUES DWG. E1.0 (Electrical General Notes and Symbols List) 1. The Fire Alarm Riser Diagram does not include Buildings 5, 6 or 7. 2. Evaluate if an interconnect conduit is needed between LCP-1 and LCP-1A DWG.E0.20 (Electrical Single Line Diagram) 1. The load calculation for DB1 and MSB shows different loads for DBS than the DB6 2. The load calculation for DB6 shows different loads for Panels SHA and 6LA than their respective panel schedules. The load calculation and Panel Schedules need to be reviewed. 3. The load calculation for DBE shows different loads for Panels 1 HA, 1LAA, 2HA, and SHA than their respective panel schedules. The load calculation and the Panel Schedules need to be reviewed. 4. Xfmr Tl feeder shows a #4 cu equipment grounding conductor. The equipment grounding conductor for the 350 amp over current device should be minimum #3 cu. 5. Xfmr T2 feeder shows a #8 cu equipment grounding conductor. The equipment grounding conductor for the 150 amp over current device should be #6 cu. 6. Enclosure types for DB1, DB6 and DBE are not shown. We recommend showing the enclosure type, NEMA, 1 with the equipment description. DWG. E0.40 (Electrical Panel Schedules) 1. Panel 1 HB circuit 26,28,30 not identified. It shows load but no equipment description is included. DWG. E0.41 (Electrical Panel Schedules) 1. Panel K shows circuit 10 for kitchen ice maker as 1 p 120v. Kitchen equipment schedule and kitchen layout on DWG. E5.1 call for this circuit to be single phase, 208v. 2. A number of circuits as shown on the panel schedule do not match the Enlarged Kitchen plan on E5.1. Coordinate circuits. DWG. E.50 (Lighting Fixture Schedule) 1. Fixture type W does not show a lamp type. Two lamp options are listed for this fixture at 277v: (1) 150W/MH/T-7 R75 or (1) 150w/t-6 G-12. We recommend one of these lamp types be selected for inclusion in the Lighting Fixture Schedule. 2. Fixture type Y is shown as a 277v fixture. This fixture is available with a dual voltage (120/277V) ballast. The dual voltage ballast will be required if the fixture is to be installed per DWG. E4,1 detail 5, We recommend the Lighting Fixture Schedule be changed to show the dual voltage capability. 3. Fixture type SD shows keynote 1 as an alternate fixture type. We believe this note was intended to be under lamp type. We recommend it be changed to avoid confusion. 4. There do not appear to be any fixture types suitable for use as emergency egress lighting, interior or exterior. Please review and clarify. DWG. El .01 (Electrical Site Plan - North) 1. MSB appears to be within 3' of the face of the curb for the drive and parking areas. We recommend that MSB be relocated toward the center of the planter island or the installation of bollard type traffic barricades be included to protect MSB from potential traffic damage. 2. Keynote 19 calls for GFI protected outlets to be mounted in the batting cage. We recommend a detail showing the desired mounting system. 3. Keynote 20 appears to have the word "field" misspelled. 4. Duct Bank "S" should contain a 1 Vi" conduit for the Telephone Backbone Bonding conductor per the Voice/Data Grounding Riser Diagram on DWG. E5.3 detail 5. DWG E1.02 (Electrical Site Pian - South) 1. Keynote 19 calls for GFI protected outlets to be mounted in the batting cage. We recommend a detail showing the desired mounting system. 2, Duct Bank "S" should contain a 1 %" conduit for the Telephone Backbone Bonding conductor per the Voice/Data Grounding Riser Diagram on DWG. E5.3 detail 5. 3. Signal Duct bank to Building 5 should contain a 1 Vi" conduit for the Telephone Backbone Bonding conductor per the Voice/Data Grounding Riser Diagram on DWG. E5.3 detail 5. DWG. E1.1 (Building 1 Lighting Plan) 1. Are all down lights in the pool canopies Type SH? Fixtures on circuit 1HA-14 are not identified. We recommend identifying the fixture type for this circuit. 2. No time schedule is provided with the LCP relay schedule for system programming. We recommend a keynote requiring coordination between the electrical contractor and owner's representative for final approval of the LCP time schedule. 3. There does not appear to be any interior or exterior emergency egress lighting, other than exit signs. Please review and clarify this requirement. DWG. El .2 (Building 1 Power and Signal Plan) 1. Circuit SP 25 appears to be for heater igniter; panel schedule identifies this circuit as underwater lights. This needs to be reviewed. 2. Termination points for the conduits in Duct Bank "S" need to be clarified. The termination points are only partially shown and are assumed to be the respective device cabinets/backboards. See previous comments listed under Initial Review Comments DWG. E1.0 and E1.1 3. Hand dryer circuits 1HA-21,23 are shown as 277v. Mechanical equipment schedule not available to verify voltage required. 4. We recommend the installation of voice/data lines from the Data/Com room to LCP1 and LCP1A. This will allow for future remote communication and adjustment. 5. The location of the remote annunciator panel for Generator EG is not identified. The annunciator is required perthe specifications. Please clarify the location. DWG.E 2.1 (Building 2 Ughting Plan) 1. No time schedule is provided with the LCP relay schedule for system programming. We recommend a keynote requiring coordination between the electrical contractor and owner's representative for final approval of the LCP time schedule. 2. There does not appear to be any interior or exterior emergency egress lighting, other than exit signs. Please review and clarify this requirement. DWG. E2.2 (Building 2 Power Plan) 1. Circuit designator for" L2B-1,3,5" is transposed. It should read" 2LB-1,3,5". We recommend changing this designator to avoid confusion. DWG. E2.3 (Building 2 Signal Plan) 1. No FACP location is shown. It is shown on the FA Riser Diagram on sht. E0.10. 2. Termination points for the conduits in Duct Bank "S" need to be clarified. The termination points are only partially shown and are assumed to be the respective device cabinets/backboards. See previous comments listed under Initial Review Comments DWG. E1.0 and El .1 3. Building 2 has (2) Duct Bank "S" entrances, and should show termination points for both banks. Of the termination points shown, only one set of duct bank conduits is accounted for. Termination points for the conduits in Duct Bank "S" need to be clarified. The termination points are only partially shown and are assumed to be the respective device cabinets/backboards. See previous comments listed under Initial Review Comments DWG. E1.0 and E1.1 4. Key note 8 calls for a "174" conduit to ceiling space. We believe this conduit size should be shown as 1V/. 5. All locations using key note 8 require 1 'A" conduit to accessible ceiling space. The specified floor boxes will only accept conduit up to 1". We recommend either reviewing the required conduit size or using a Wiremold Modulink 880MP non metallic box in these locations. These boxes accept the larger conduit and use the same trim as the specified cast iron box. 6. We recommend the installation of voice/data lines from the Data/Com room to LCP2. This wilt allow for future remote communication and adjustment. DWG. E3.1 (Building 3 Lighting Plan) 1. No time schedule is provided with the LCP relay schedule for system programming. We recommend a keynote requiring coordination between the electrical contractor and owner's representative for final approval of the LCP time schedule... 2. There does not appear to be any interior or exterior emergency egress lighting, other than exit signs. Please review and clarify this requirement. 3. Locations are not shown for Dimming Panel Unit 1 and 2 as described on Dwg. E5.5 Details 3 and 4. Power is also not shown for these units on Dwg. E0.4 and E0.41 Panel Schedules DWG. E3.3 (Building 3 Signal Plan) 1. A fire alarm strobe light is shown in the women's locker area, with none in the shower area. The men's shower area has a strobe, but none is present in the locker area. We recommend these strobe locations be reviewed. 2. A data cabinet is shown in room 302, along with the cabinet's exterior dimensions. We recommend a keynote with additional information or specifications for this cabinet. 3. Termination points for the conduits in Duct Bank "S" need to be clarified. The termination points are only partially shown and are assumed to be the respective device cabinets/backboards. See previous comments listed under Initial Review Comments DWG. E1.0 and El .1 4. Two double duplex receptacles are shown in room 302 for the data cabinet. Add note if they are to be installed inside the cabinet. We recommend a voice/data tine outlet be installed at LCP3 to allow for remote communication and adjustments. DWG. E4.1 (Building 5,6 & 7 Lighting, Power, and Signal Plans) 1. No time schedule is provided with ttie LCP5 relay schedule for system programming. We recommend a keynote requiring coordination between the electrical contractor and owner's representative for final approval of the LCP time schedule. 2. LCP6 is not identified. It is presumed to be adjacent to the Sports Lighting controls. LCP6 is shown on the single line diagram on sheet E0.20. Please clarify. 3. There is no relay schedule shown for LCP6 and LCP7. 4. We recommend that a voice/data line outlet be installed at LCP5, LCP6, and LCP7. This wili allow for future remote communication and adjustments. 5. There does not appear to be any interior or exterior emergency egress lighting. Please review and clarify this requirement. 6. Termination points for the conduits in Duct Bank "S" need to be clarified. The termination points are only partially shown and are assumed to be the respective device cabinets/backboards. See previous comments listed under Initial Review Comments DWG. El .0 and El .1 7. Fire alarm equipment is not shown for Building 7 DWG. E5.1 (Building 3 Kitchen and Details Plan) 1, Detail 3 shows SDG&E xfmr pad grounding. This scope of work is subject to SDG&E Underground Standards and inspection. We recommend this detail be removed. 2. Detail 5 shows a cast in place SDG&E xfmr pad and grounding. Cast in place pads are no longer allowed by SDG&E and an approved pre-cast pad must be used. Grounding will be per SDG&E Underground Standards and inspection. We recommend this detail be removed. DWG. E5.5 (Electrical Controi Diagrams) 1. Detail 2 shows the Building Lighting Control Riser Diagram. We recommend this riser diagram include over-ride switches and any other control devices. None are presently shown. 2. Detail 2 does not include LCP5, LCP6 or LCP7. LCP4 is shown on the riser diagram, but does not exist on the single line or any other drawing. We recommend the addition of LCP5, LCP6 and LCP7 to the riser diagram and the elimination of LCP4. 3. Detail 7 calls for exothermic connections for the Telephone Grounding System. The specifications allow the use of non-reversible compression connectors as well. We recommend the notes for this detail be changed to "Cadweld type or non-reversible compression type connection". SPECIFICATIONS - COMMENTS FROM INTIAL REVIEW 16000 (Electrical) 1. 16010-3.9A a. Comm. room data racks were identified as owner supplied. No other equipment is identified as owner supplied. Piease clarify or list owner supplied equipment. 2. 16450 (Grounding) a. Not changed. No testing requirement listed. 3. 16500-3.1 A (Battery Pack Ballasts and Exit Signs) a. Not changed. No requirement for dedicated circuits. 4. 16510 (Lighting Control System) a. Riser diagram is now shown on DWG. E5.3, but does not include override switches 5. 16610 (TVSS) a. TVSS is now shown at DB1 6. 16612 (Engine Generator) a. APCD permitting and responsibilities not assigned. b. O&M's not changed. c. Fuel requirement not added. 7. 16721 (Fire Alarm System) a. 16721-1 .ID appears to call for an alarm contractor to produce engineered drawings. 8. 16721 1.5-A (General) a. Not changed. Section still needs to be removed. 9. Systems a. No additional systems specifications furnished. Specifications - new issues 1, 160103.19 (Testing) a. We recommend that a 3 point fall -of-potential test be conducted for the grounding electrode systems at MSB, DB1. DB6, DBE and generator EG. This study should be completed by a qualified 3"^ party, with reports included in the project close out documents. This recommendation is also included in sectkjn 16450. b. We recommend that copies of the electrical contractor's torque certification for the service equipment be included in test documents. 2. 16010 3.18 (Coordination Study) a. We recommend that an Arc Flash Study be included in this section, along with the required Arc Flash Hazard Waming Labels. 3. 1610 2.4 (Wire Markers and Tags) a. We recommend this specification be amended to require the use of shrink to fit markings for conductors #8 and smaller. b. We recommend this specification be amended to require the use of non- metallic ID tags for conductors when installed in below grade boxes. Size and design of the tag to be determined bythe electrical engineer. 4. 16131 (Underground Pull Boxes and Manholes) a. We recommend the following requirements be listed under Part 3 - Execution for this section: i. Conduit entrances are to be from the side of the box substructure, using a beil end fitting flush with the interior of the box. ii. Interior of the box or manhole and ail joints between sections and gaps around conduit entrances shall be sealed and finished smooth with a suitable concrete type plaster or waterproofing finish. iii. Non metallic conductor racking shall be provided. iv. Non metallic identification tags with unique numbering for conductor sets shall be provided. 5. 16140 (Wiring devices) a. The device colors have not been specified. Specifications state that the color will be selected by the architect. We recommend a color choice be listed in this section. 6. 16450 3.01 (Grounding) a. We recommend that a 3 point, fall-of-potential test be conducted for the grounding electrodes at MSB, DB1, DB6, DBE and Generator EG. This test should be completed by a qualified 3"* party, and test results submitted with project close out documents. 7. 16500 3.2 (Site Ughting Optics) a. We recommend the addition of specifications that require the electrical contractor to provide a specific allotment of time and equipment for after dark optics adjustment/inspection/approval by the owner's representative. This allotment of time is recommended to be (3) 4 hour trips. 8. 16510 2.2B (Ughting Control Hardware Features) a. We recommend that a modem be Included in the lighting controller package that will allow remote communication beh/veen the manufacturer and the installed equipment to make changes or adjustments. This will insure ease of future operation without the need for a technician on site. Depending on the manufacturer, this may require a single modem at the main LCP, linked by communication cable to satellite LCP's, or it may require a modem and phone line at each LCP. 9. 16510 3.1A (Lighting Control) a. We recommend the addition of specifications that require the electrical contractor to provide O&M manuals for the Lighting Control System. b. We recommend the addition of specifications that require the electrical contractor be required to submit the proposed LCP programming schedules to the owner's representative for final approval. 10. 16130 2.2 (Floor boxes) a. 16130-2.2B calls for cast iron ftoor boxes, with 1" KOs. b. 16130-2.2D specifies Wiremold/Walker Model 880 box. c. 16130-2.4 requires 1 Vi" conduit capability. d. The Wiremold 880 is a stamped steel box, the Wiremold 880 Omni is a cast iron box, and both boxes have 1" conduit capability. i. At least 5 locations in building 2 (rooms 205, 210, 211) require 1 %° conduit. it. The Wiremold 880 and 880 Omni do not meet the conduit entrance requirements of the specifications in all locations. iii. We recommend a change to Wiremold 880MP floor boxes. These are a non- metallic box that will accept conduit up to 1 Vi" conduit, and are gangable. These boxes use the same brass trim plates and carpet flanges as the 880 and 880 Omni, so the final installation looks the same. 11. 16612 3.2 (Generator Installation) a. We recommend that this section include the requirement for O&M manuals to be submitted with close out documents. b. We recommend a requirement to test the generator grounding electrode using the 3 point fall-of-potential method. This test should be completed by a qualified 3"* party. Test results are to be submitted with project close out documents, c. We recommend that a specification be included that assigns responsibility to the electrical contractor to obtain and comptete the required APCD permitting for the generator. d. We recommend that a specification be included that assigns responsibility to the electrical contractor complete the required SDG&E applications for stand- by power systems. e. We recommend that a 1 '/2" conduit only, be provided from the generator enclosure to the transfer switch and from the transfer switch to Building 3 for future telemetry or monitoring requirements. 12. 16612 3.4 (Generator Testing) a. We recommend that the specifications include refilling the generator's fuel tank after testing is complete. This will avoid additional cost impact after completion of the contract. 13. 16614 2.1 A (Generator Enclosure) a. We recommend that the specifications for the base of the generator include language that insures the base of the genset is sealed to the concrete pad to preclude the intrusion of water, debris or vermin. Misc. Contractor shall coordinate with the City (IT Department) for all vok:e/data components/devices. TAB 5-STRUCTURAL Alga Norte Community Park Structural Plans (sheets 145-157) - Document Review Tlie comments below were not correct from tlie 2007 review: Contract Drawings Details on the steel Erection, Bolting and Welding DWG S3.2 1. Detail 16 shows no grating attachment. Not Corrected DWG 10/84.2 1. Should the beam holes be slotted in order to install because of the hard point and variance of the dimensions & welds to accent the anchor bolt holes that have been slotted. Comment not addressed DWG 10&6/S4.2 1. These are critical points of the roof connections maybe full penetrations or partial penetrations in order to maintain structural integrity a fillet weld on a kinked connection doesn't seem to be approved joint in AWS Dl .1 Section 4.0, Comment not addressed 2. The identification of weld sizes whether shop or field, code states all welds 5/16" and above must have full time special inspection by a qualify AWS/ CWI, ICC Steel, And City of San Diego certification and must be current. FYI DWG AS7.2 1. Details of the grating infill need to show attachments on details on DWG AS7.2 #13. Comment not addressed 2. Angle deck support not called out. Comment not addressed 3. Gate post anchors on AS7.2 consider anchor bolt or welded connection. Comment not addressed New Comments DWGAS1.1 1. Connections nailing schedule Item # 3 - Review live load/dead load limit on 1X6 subfloor joists DWG ASI.2 1. Detail # 18 - No schedule for imbed distance from end of sole plate DWG AS3.2 1. Detail 17,18,19 - No waterproofing on masonry retaining wall 2. Detail 9 - No waterproofing on surge chamber walls DWG AS4.3 1. Detail 15 - Lag Bolt offset distance on 4X8 sleepers too close DWG AS4.4 1. Detail ISA & 13 - 2X6 sloped ledger, Review live load/dead load limit with studs at 24" O.C. TAB 6 - MECHANICAL CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK CONSTRUCTABILITY PRELIMINARY REVIEW COMMENTS FEBRUARY 21, 2007 SECTION/DISCPLINE: Mechanical -10:00 AM to 11:00 AM Comments: Contract Drawings DWG M1.0: 1. Provide specification for discharge louvers at EF2-1, EF2-2 and add to schedule on sheet Ml ,0, Not addressed DWG M3,1 1, #6, Sheet M3.1 and A3.1A: Location of roof hatch on M3.1 is directly in conflict with EF 3-7. This will impact structural and mechanical locations. The reflective ceiling plan shows a different location. A3.3 appears to have a scale issue with layers. Not addressed 2. Provide a section through the showers, men's toilets and women's toilets. Detail exhaust duct through truss space and ceiling, may be in conflict with ceiling/truss space is limited. Add elevation changes and locations for EF 3-7 and EF 3-8 exhaust duct layout Not addressed Page 2 of 2 TAB 7 - PLUMBING CITY OF CARLSBAD ALGA NORTE COMMUNITY PARK CONSTRUCTABILITY PRELIMINARY REVIEW COMMENTS FEBRUARY 21, 2007 SECTION/DISCPLINE: Plumbing - 9:00 to 10:00 AM Comments: Contract Drawings Plan Sheet #166 1. 1/2 inch line to drinking fountain needs to be 3/4-inch for friction loss. Not addressed Plan Sheet #167 1. 4-inch B.F.P needed at mechanical room. Not addressed Plan Sheet #168 1. Recycled water to plumbing fixtures will need to be approved by State Health Department. Not addressed Plan Sheet #224 1. Mechanical Room - Details on piping supports needed for floor supports and ceiling supports. This drawing also needs more key notes for clear direction. Not addressed DWG P4.1 Shows the elevation of Building 6 at 129.00FF. (126.40). Plan sheet CIO indicates ia8.40FF. (130.80). Not addressed DWG2/P5.1 1. Shows waste piping extending through the north wall of Room 104 in Building 1. The note states "See PI .1". There is no reference to this pipe extension on PI .1, Additionally, the detail indicates an IE of 146,00 at the footing with at note stating "sleeve waste line below structural footing". Per 12/S1,1 the IE must be at least 145,00 to comply with note. Not addressed Page 1 of 2 TAB 8 - AQUATICS NO COMMENTS TAB 9 - SKATE PARK Alga Norte Community Park Skate Park Plans (sheets 216-231) - Document Review Skate Park Plans 1. D-8 contractor needs to review Mass Grading as-builts prepared by City dated March 2011 and As-graded geotechnical report prepared by Ninyo & Moore dated February 2011. 2. For reference - shallow groundwater was encountered along the eastern, southern borders and skate park berm ofthe park below original grade (prior to mass grading project). 3. D/B contractor should consult with professional geotechnical engineer to determine if relief drains for skate park bowls are necessary due to the potential for high groundwater. 4. D/B contractor should review survey control files by Mass Grading contractor's surveyor IVIasson & Associates. 5. D/B contractor is responsible for performing own topographic survey to verify grades. Import of select fill material may be required. 6. D/B contractor should verify elevation top of 72" storm drain to be located under skate park bowls for conflicts. 7. D/B contractor to address 6" storm drain discharge point at the Skate Park Bowl extending west. The drain appears to connect to SD "K", but no POC or IE information Is provided. Take careful note of HGL at tie-in location. Skate Park Specifications Earthwork Skate Park - Section 02200 (copy of marked up specifications included) 8. D/B contractor to verif/ elevation of existing 72-inch storm drain. 9. D/B contractor shouid consult with a professional geotechnical engineer for subgrade recommendations. 10. Reference as-graded geotechnical report dated February 2011 for stabilizing rock fill placed below the skate park berm. Subgrade Preparation Skate Park - Section 02330 (copy of marked up specifications included) 11. Reference As-graded geotechnical report dated February 2011. Cast-in-Place Concrete Skate Park - 03310 12. Reference As-graded geotechnical report dated February 2011. 13. Use latest standards and building codes per City standards, Shotcrete Skate Park - 03370 14. Reference As-graded geotechnical report dated February 2011. 15. Use latest standards and building codes. Metal Fabrications Skate Park - 05510 - coping subjected to skate boards shall be unpainted steel. EARTHWORK - SKATE PARK 02200 SECTION 02200 - EARTHWORK SKATE PARK PART 1 - GENERAL 1.1 SCOPE A. Furnish labor, materials, and equipment for grading and construction work shown on the drawings and specified. 1.2 RELATED SECTIONS A. Section 02230: Sub-grade Preparation & Base Material - Skate Park 1.3 SUBMrrTALS A. Samples: Submit a one cubic foot [0.0283m3] sample of proposed import soils (if required) per Geo-Technical report for Owner's Representative's review and approval; identify location and source of import soil. B. Test Reports: 1. Refer for Geo-Technical Report specifics. 1.4 REFERENCES AND STANDARDS A. Work shall comply with the rules and regulations of locat, state and federal agencies having jurisdiction. Nothing contained herein shall be construed as permitting work that is contrary to such rules, regulations and codes. B. ASTM Standards. 1.5 SOILS REPORT A. Refer for Geo-Technical Report specifics. - ^/^se'z^^^^-<;^>cv$*«i^^ <5®^x'^Sii^s<5'e>^^l_ 1.6 TESTING A. Testing and inspection during earthwork operations, other than agricultural suitability and chemical analysis of proposed soils as required, will be scheduled and paid for by the Contractor. All tests performed on project soil will be given to the Owner's Representative for review. B. Where reference is made to relative compaction, it shall be the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material, determined by the ASTM D1557 laboratory test procedure. Optimum moisture is the water content that corresponds to the maximum dry density. City of Carlsbad - Confract No, 38372 Page 1 of 5 Pages EARTHWORK - SKATE PARK 02200 1.7 PROJECT CONDITIONS A. Existing Conditions: The existing topographic conditions are shown on the drawings for reference only. Upon beginning the earthwork. Contractor represents that he has inspected the site and satisfied himself as to actual grades and levels and the true conditions under which the work is to be performed. Promptly notify the Owners Representative of unexpected subsurface conditions. The Contractor is required to submit a "Site Acceptance" letter before earthwork operations begin. B. Protection: 1. Protect excavations by shonng, bracing, sheeting, underpinning, or other methods, as required to prevent cave-ins or loose dirt from entering excavations. Barricade open excavations and post warning lights at work adjacent to public streets and walks. 2. Cover holes and trenches when work is not in progress. Fence or barricade changes of plane more than 45 degrees horizontally and more than 3 feet [0.91 m] vertically. 3. Maintain bench marks, monuments, and other reference points. If disturbed or destroyed, replace as directed. 4. Protect existing berms and slopes from disruption. If slopes are disturbed, return to existing conditions at no additional cost to the Owner. 5. Underpin adjacent structure(s), including utility service lines, which may be damaged by excavation operations. 6. Protect existing natural areas and landscape improvements from damage. 7. Promptly repair damage to adjacent facilities caused by earthwork operations. Cost of repair at Contractor's expense. C. Soil Classification: Excavated materials are not classified as to type. PART 2 - MATERIALS 2.1 FILL FOR USE UNDER PAVING AND STRUCTURES A. Per Geo-Technical Report. 2.2 FILL FOR MISCELLANEOUS LANDSCAPE WORK A. General landscape Construction 1. Mound Construction: Fill material similar to existing on-site soil with all rocks, etc., over 4" [10.16cm] in diameter removed prior to placement. No rocks larger than 2" [5.08cm] in diameter are allowed in top 6" [15.24cm] of mound. 2. Miscellaneous Landscape Filling: Fill material similar to existing on-site soil with all rocks, etc. over 2" [5.08cm] in diameter removed prior to placement. 3. Remove and dispose of rocks, etc. removed during soil processing offsite. 4. Imported fill material shall be inspected, tested, and approved by the Owner's Representative prior to use in work. Copy of tests will be given to the Owner. 2.3 PLANTING SOIL FOR PLANT BACKFILL A. Native soil tilled and free of noxious weeds and chemicals. Soil must be approved as growing medium from soils lab report with any supplementary additives as directed by soils lab report. Copy of soil lab report will be given to the Owner's Representative. City of Carlsbad - Contract No. 38372 Page 2 of 5 Pages EARTHWORK - SKATE PARK 02200 PART 3 - EXECUTION 3.1 PREPARATION A. Establish extent of grading and excavation by area and elevation. Designate and identify datum elevation and project engineering reference points. Set required lines, levels and elevations. B. Do not cover or enclose work of this Section before obtaining required inspections, tests, approvals, and location recording. 3.2 EXISTING UTILITIES A. Before starting grading and excavation, establish the location and extent of underground utilities in the work area. Exercise care to protect existing utilities during earthwork operations. Perform excavation work near utilities by hand and provide necessary shoring, sheeting, and supports as the work progresses. B. Maintain, protect, relocate, or extend, as required, existing utility lines to remain which pass through the work area. Pay costs for this work, except as covered by the applicable utility companies. C. Protect active utility services uncovered by excavation. Notify respective utility companies of damage caused to active utilities immediately. D. Remove abandoned utility service lines from areas of excavation. Cap, plug, or seal abandoned lines and identify termination points at grade level with markers. E. Accurately locate and record abandoned and active utility lines rerouted or extended on project record documents. 3.3 SITE GRADING - GENERAL A. Perform grading within contract limits, including adjacent transition areas, to new elevations, levels, profiles, and contours indicated. Provide uniform levels and slopes between new elevations and existing grades. B. Obtain approval of scarified subgrade surfaces by Owner's Representative prior to filling operations. Scarify, dry and compact soft and wet areas; remove and replace unsuitable subgrade materials with an approved fill material. Take corrective measures before placing fill materials. C. Thoroughly scarify existing soil surtace to a depth of 10" [25.40cm] and verify scarification with Owner's Representative prior to placing fill material in mounded areas. Recompact soil to 95% prior to placing any fill materials. D. Spread approved fill material uniformly in layers not greater than 12" [30.48cm] of loose thickness over entire fill zones of planting areas. 1. Lift thickness requirements may be modified by Owner's Representative to suit equipment and materials or other conditions when required to assure satisfactory compaction. 2. Place and compact to 95% each layer of fill before placing additional filt material. Repeat filling until proposed grade, profile or contour is attained. City of Carlsbad - Contract No. 38372 Page 3 of 5 Pages EARTHWORK • SKATE PARK 02200 3. Suspend fill operations when satisfactory results cannot be obtained because of environmental or other unsatisfactory site conditions. Do not use over-saturated fill materials. Do not place filt material on over-saturated subgrade surface. 4. Grade surfaces to assure positive drainage and to prevent ponding and pockets of surface drainage. Install drainage swales as indicated on the Drawings. 5. Protect finish graded areas from traffic and erosion. Keep free of trash and debris. Repair and reestablish grades in settled, eroded and damaged areas. E. If, in the opinion of the Owner's Representative, the completed site grading does not reflect the Contract Documents, an independent surveyor may be hired to verify the grades. If the grades are correct, the Owner will pay for the survey. If the grades are incorrect, the cost of the survey will be deducted from the Contract price. 3.4 BACKFILLING / FILLING FOR PAVING & WALLS A. Before filling, remove debris, large rocks, formwork and loose material. B. Proof-roll areas to receive fill with rubber tired roller of sufficient weight. Weak areas or areas where excessive pumping is noted shall be removed and if required by Owner Representative, replaced with select fill. C. Prior to placing filt, scarify surtace to a depth of 6 inches [15.24cm]. Moisture content of loosened material shall be such that first layer of fill will readily bond to surface. D. Top 6 inches [15.24cm] shal! be free from rocks larger than 3 inches [7.62cm] diameter. E. Place in maximum 8 inch [20.32cm] lifts and compact per ASTM D1557 at optimum moisture content (-1% to +3%). This lift and compaction requirement does not apply to planting areas. F. Moisten fill to allow drying to correct moisture content before compaction. Do not place fill on subgrade that is over-saturated. G. Allowing for total thickness of finish paving and base material, fill under paving to bring subgrade to proper elevation. H. Soft areas that develop under construction operations shall be scarified, aerated or moistened. Compact to full depth required to obtain specified density for each layer. 3.5 EXCAVATING A. It is the Contractor's responsibility to investigate the likelihood of caliche or hard rock excavation. The Owner will not provide any additional compensation to the Contractor for hard rock or caliche excavation, 3.6 FINISH GRADING A. Grade uniformly with rounded surfaces at tops and bottoms of abrupt changes in plane. Hand grade steep slopes, areas that are inaccessible for machine work and areas around existing plants. B. Slope graded surfaces to drain water away from structures, walls, etc.; minimum slope is 1/4 inch [6.35mm] in 12 inches [304.80mm]. City of Carlsbad - Contract No. 36372 Page 4 of 5 Pages EARTHWORK - SKATE PARK 02200 C. Grade areas to elevation and slopes indicated without depressions causing pocketing of surface water or humps, producing Realized runoff and gullying. Ponding of water on site is not allowed. Finish surfaces to be not more than 0.10 foot [3.05cm] above or below established grade elevation unless approved in writing by Owner's Representative. 3.7 DRAINAGE A. Provide drainage of the working area at all times. 3.8 DISPOSAL OF WASTE MATERIALS A. Legally dispose excess excavated material, including rock from site. 3.9 CLEANING A. Upon completion of earthwork operation, clean areas within contract limits, remove toots and equipment. B. Provide site ctear, clean, free of debris and suitable for site work operations. C. Remove and dispose of properly off site all rocks and other debris from grading operations. END OF SECTION 02200 City of Carlsbad - Contract No. 38372 Page 5 of 5 Pages SUBGRADE PREPARATION - SKATE PARK 02330 SECTION 02330 - SUBGRADE PREPARATION - SKATE PARK PART 1 - GENERAL 1.1 SCOPE A. Provide labor, material and equipment for the subgrade preparation and the base material installation. 1.2 RELATED SECTIONS A. Section 02200: Earthwork -Skate Park B. Section 03300: Cast-ln-Place Concrete - Skate Park 1.3 REFERENCES AND STANDARDS A. Perform work in accordance with applicable laws, codes and regulations required by the City of Carlsbad, and the State of California. B. ASTM Standards. PART 2 - MATERIALS 2.1 EXISTING SOIL A. Free from vegetative matter or other deleterious substances, B. The percentage composition by weight of aggregate base shall conform to the Standard Specifications. PART 3 - EXECUTION 3.1 SUBGRADE PREPARATION A. The Owner will not provide any additional compensation to the Contractor for hard rock or caliche excavation. Refer to Geo-Technical Report for test boring information and analysis. - s'^<sz- ^s-- <s^-^.e><gii5> ^s^^^p-tst^y^-^-^'C^'^ B. Subgrade (the upper one foot of the soil that will be supporting structures) is that area on which pavement, surfacing, base, sub-base, or a layer of other material which may be specified, is to be placed. C. Plow or scarify subgrade to a depth of 6" below the final subgrade elevation; and by harrowing, dry rolling and breaking clods, the earth shall be brought to finely divided condition. Remove boulders, hardened material, roots of 1" or larger and/or rock encountered. The earth shall be uniform for the full depth and width of the subgrade. D. Water loose earth to a uniform depth of 4". City of Carlsbad - Contract No. 38372 Page 1 of 2 Pages SUBGRADE PREPARATION - SKATE PARK 02330 E. Harrow the earth to mix the wet earth with the dry beneath, until the whole mass of loose material is at the proper state of moisture for compaction. F. The finished subgrade, immediately prior to placing subsequent material thereon, shall be compacted to 95% and in accordance with the Geo-Technical Report. G. The finished surface of the subgrade, at any point, shall not vary more than 0.05' above or 0.20' below the elevation indicated on the drawings unless approved in writing by Owner's Representative. 3.2 BASE A. Base shall be readily compacted to 95% and spread with equipment that will provide a uniform layer conforming to the planned section. 3.3 CLEANUP A. Upon completion of the subgrade preparation and base, remove surplus construction materials, earth and debris so that the job site is left in a neat and orderly condition. END OF SECTION 02230 City of Carlsbad - Contract No. 38372 Page 2 of 2 Pages TAB 10-LANDSCAPING Alga Norte Community Park Landscape Construction Plans (sheets 232-301) - Document Review landscape Construction Plans 1. Review Mass Grading as-builts prepared by City dated March 2011 and As-graded geotechnical report prepared by Ninyo & Moore dated February 2011. Take note of locations of remedial grading, select fill placement and "bridged" fill locations. Not all remedial grading required was completed during mass grading project. Additional remedial grading or revisions to structural sections may be required, D/B contractor should consult with a professional geotechnical engineer to address areas stilt needing remediation and expansive soils, particularly under flat work. 2. D/B contractor to address pavement/improvements and subgrade design sections in all areas with professional geotechnical engineer, including flat work. 3. Grade of the future baseball fields were adjusted (lowered) in order to balance the site during the mass grading project, see as-built topographic survey, 4. D/B contractor should review mass grading plan as-builts for existing storm drains. Storm drains H and G have not been installed. Sections of storm drains E, A-2 and C-5 have also not been installed. 5. Soil mounds in Dog Park were not built up during mass grading and will need to be constructed by D/B contractor. 6. D/B contractor to address pavement and subgrade design sections for basketball court pavement, and the need for select fill. 7. Perimeter fence behind Aquatic Complex bleachers is shown on the western side of the concrete brow ditch at toe of slope (sheet LC-31). Fencing will be in the slope behind the bleachers. D/B contractor to address. 8. Sheet LC-40 has a note referring drainage layout to 'Sketch CSK-3, Addendum #4 and for sand surfacing subdrain refer to detail E, sketch LC-9, Addendum #4.' Provide detail or make this a D/B component. 9. D/B contractor to coordinate Point of Connection for irrigation system from Civil Utility drawings with irrigation drawings. Landscape and Irrigation Construction Specifications Landscaping - 02900 10. Topsoil management needs to be addressed as large stockpile exists on northern ball field and significant amount of top soil to be generated during initial clearing and grubbing ofthe site. AS-GRADED GEOTECHNICAL REPORT ALGA NORTE COMMUNITY PARK - MASS GRADING AND STORM DRAIN (CONTRACT 38372) POINSETTIA LANE AND ALICANTE ROAD CARLSBAD, CALIFORNIA PREPARED FOR: City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 5710 Ruffin Road San Diego, Califomia 92123 December 6,2010 (Revised February 4, 2011) Project No. 104600005 5710.Rumn Road • San Diego. Cdiifornia 92123 • Prione (858) 57o-1000 • Fax (858) 576-9600 ;ir; ijipoo • irvine • in"/V.qfle". • Rr!nc'";u Ciifanionc^a • Cviwarju • Sd!"-F roricisco • !;«ic.'".arrierit!) ' LajVega-E • Piioenx "• Tuoon • Pt^scoit V.illey • Denver • E;P350 • Houston imre December 6, 2010 (Revised February 4, 2011) Project No. 104600005 Mr. William Plummer City ofCarlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 Subject: As-Graded Geotechnical Report Alga Norte Community Park - Mass Grading and Storm Drain (Contract 38372) Poinsettia Lane and Alicante Road Carlsbad, Califomia Dear Mr. Plummer: In accordance with your request, we have prepared this As-Graded Geotechnical Report for the subject project. The report addresses mass grading of the site in preparation for the future devel- opment of the Alga Norte Community Park. This report presents a summary of the observations and results of our field and laboratory tests during mass grading and storm drain installations. We appreciate the opportunity to be of service on this project. Respectfully submitted, NINYO & MOORE Emil Rudolph, GE. Senior Engineer Kenneth H. Mansir, Jr., GE. Principal Engineer ER/KHM/FOM/efr Distribution: (1) Addressee (1) Mr. Jason LinsdauT^>uddr?rssociates (1) Mr. John Maashoff; City of Carlsbad Francis O. Moreland, C.E.G Senior Geoloeist 5710 Ruffin Road • San Diego, Cdiiiornia 92 i 23 • Phone (858) 576-1000 • Fax (858) 576-9600 , {iieqi) • !rvi te':-"cno t.ur.irnnngs r 1 • PreiCuK Vdilev San 11anri^co • 'ii t: Psio • Houst :.- Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 TABLE OF CONTENTS 1. INTRODUCTION 1 2. SITE AND PROJECT DESCRIPTION 1 3. GEOLOGY 2 3.1. Fill 2 3.2. Alluvium 3 3.3. Santiago Formation 3 3.4. Groundwater 3 4. SUMMARY OF EARTHWORK OPERATIONS .„ 4 4.1. Stmctural Areas 5 4.2. Undocumented Fill 6 4.3. Pavement Area 6 4.4. Bridging Fill 6 4.5. Oversize Materials 7 4.6. Subdrains 8 5. LABORATORY AND FIELD TESTING 8 6. CONCLUSIONS AND RECOMMENDATIONS 9 6.1. Bridging Fill 9 6.2. Expansive Soils 10 6.3. Corrosive Soils 10 6.4. Updated Pavement Recommendations 11 6.5. Plan Review and Constmction Observation 13 7. LIMITATIONS 13 8. REFERENCES 14 Tables Table 1 - Updated Pavement Section Recommendations Table 2 - Modified Proctor Density Test Results Table 3 - Soil Expansion Index Test Results Table 4 - Corrosion Test Results Table 5 - R-value Test Results Table 6 - Summary of Field Density Tests, Fill Table 7 - Summary of Field Density Tests, Storm Drain Backfill Figure Figure 1 - As-Graded Map 1046«XX)5R-rev.d(x; Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 L INTRODUCTION We provided geotechnical observation and testing services during the earthwork operations asso- ciated with the mass grading and storm drain installation at the subject site. The earthwork was performed in preparation for the planned Alga Norte Community Park in Carlsbad, Califomia. The purpose of our services was to observe, document, and test soils used during the earthwork operafions, and evaluate compliance with the geotechnically-related portions of the project plans, specifications, and referenced geotechnical report. We performed field and laboratory tests of representative soil samples to evaluate relative compaction of the fill and to characterize the soils used as fill materials. Our findings and conclusions are presented herein. 2. SITE AND PROJECT DESCRIPTION The 33-acre site is bounded to the south and east by Poinsettia Lane and Alicante Road, respec- tively. The site occupies the lower portion of a north-south trending valley and was previously used for agricultural purposes. Sloping hillsides are present on the west side of the property. A flood control berm bounds the northeastern portion of the property. Two sewer force mains were previ- ously installed and exist on the southem margin of the site parallel to Poinsettia Lane. Site elevations prior to earthwork ranged from approximately 105 feet above Mean Sea Level (MSL) at the southeastem comer of the site to approximately 175 feet MSL along the westem side of the site. Prior to grading for the subject project, the site was undeveloped, except for a large stockpile (ap- proximately 110,000 cubic yards) of borrow material located on the southem portion of the site. As part of the subject mass grading development, cuts of approximately 40 feet deep (including the higher portion of the large stockpile) and fills of approximately 20 feet thick were made with heavy earth moving equipment. This mass grading resulted in a relafively flat site to support the planned community park. Planned improvements for a future phase of development of the park include an aquatic cen- ter with an Olympic-size competition swimming pool, training pool, and several associated one-story buildings and flatwork; a moving river pool; a skate park; several restroom build- io4«xx»5R-«v.d,K ] 0ifii0 Mfiori Alga Norte Community Park Revised Febmary 4,2011 Carlsbad, Califomia Project No. 104600005 ings; a concession stand building; a maintenance complex; ball fields and playing fields; and paved parking. One or more retaining walls are also planned. The northernmost fill slope was lined with stone riprap. 3. GEOLOGY The earth units encountered during grading and utilized on the site are similar to the units de- scribed in the geotechnical design report (Ninyo & Moore, 2006) for the project. The as-graded site is underlain by compacted fill (placed as part of the subject project and from a previous flood control project), undocumented borrow fill (previously stockpiled materials), alluvium, and ma- terials of the Santiago Formation. The following secfions describe the materials and exposures encountered during grading. The locations of the mapped units within the grading limits, except for new compacted fill, are shown on Figure 1. 3.L Fill Undocumented and documented fill soils are present at the site. As part of the subject pro- ject, compacted fill was observed, placed and documented. In general, the fill soils consist of dark reddish and grayish brown to olive brown, damp, silty to sandy clay, and light brown, clayey to silty fine sand to poorly-graded sand. In addition to the compacted fill materials described, an approximately 2-foot thick layer of cmshed rock was placed as fill over stabilization fabric in the northeastem margin of the site. These materials underlie the future skatepark and were placed as part of stabilization ef- forts of the excavation bottom. These crushed rock materials are overlain by compacted fill separated from the crushed rock by a filter fabric. The approximate location of the stabiliza- tion crushed rock is shown on Figure 1. Undocumented borrow fill materials remain from a portion of the large stockpile in the southeasterly portion of the site. These stockpile materials are discussed in prior reports (Ninyo & Moore, 2007). The approximate location of the undocumented borrow fill (previ- ous stockpile) is shown on Figure 1. 104600005 R-rev.Aic Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 Due to relatively shallow groundwater conditions encountered during grading, bridging fill was used in selected areas to facilitate earthwork operafions. The bridging fill materials con- sist of relatively granular on-site materials, which may be loose and wet. The approximate locafion of the bridging fill materials are shown on Figure 1. The placement of the bridging fill is discussed further in the Earthwork section of this report. Compacted fill materials documented as part of other grading operations are present in the northeastem margin of the site. These fill materials comprise a portion of the former flood control berm and their characteristics are discussed further in other reports (Ninyo & Moore, 2010a). 3.2. Alluvium Alluvium was observed during grading and underlies fill materials or is exposed at the sur- face or in cut slope faces. The alluvium consisted of pale brown to dark brown, damp to moist, loose sand to silty sand to silt, as well as dark yellowish and grayish brown to brown, very stiff silty to sandy clay. Loose, saturated alluvium was encountered in the low lying portions of the site during grading. 3.3. Santiago Formation The Santiago Formation is exposed on the westem cut slopes, and underlies the fill and allu- vium at the site. In general, the Sanfiago Formafion materials encountered consist of yellowish brown, weakly cemented silty sandstone and light gray to olive brown, moder- ately to strongly indurated clayey siltstone and strongly indurated claystone. 3.4. Groundwater Groundwater was encountered in lower portions of the site (beneath the future pavement area and area of the sewer force mains) as shallow as 1 foot below the ground surface during mass grading. Although earthwork was performed after a period of seasonal rainfall, groundwater or seepage was not encountered in cut slopes or temporary excavations on the 1046(KMX)5R-r.v.d>,c 3 «#f» MflUrf Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 westem portion of the project. Fluctuations in the groundwater level may occur due to varia- tions in ground surface topography, subsurface geologic conditions and stmcture, rainfall, irrigation, and other factors. For example, where groundwater was encountered as shallow as 1 foot at the time of the mass grading, groundwater was not encountered during excavations approximately 20 feet deep performed as part of the constmction of a flood control berm by others in August, 2003 (Geocon, 2004). 4. SUMMARY OF EARTHWORK OPERATIONS Earthwork operations at the site commenced on April 8, 2010 and were generally finished on Au- gust 4, 2010. Fill operations began on April 14, 2010 and finished on August 4, 2010, with our testing performed until September 9, 2010. Preparation for earthwork activities consisted of clear- ing and gmbbing of vegetation and deleterious material. As part of the subject mass grading development, cuts of approximately 40 feet deep and fills of approximately 20 feet thick were made with heavy earth moving equipment. Various sized storm drain pipelines were installed at the site. The contractor used a combination of earthmoving and compaction equipment to achieve the specified compaction of the soils placed as fill and backfill. Our field representative observed the earthwork and performed field density testing services during the placement of compacted fill. Preparation of the soils exposed at the bottom of the removals for placement as fill consisted of scarifying, moisture conditioning to near optimum, and compacting the soils to 90 percent rela- tive compaction. Fill soils derived from on-site excavations were processed, moisture conditioned to near optimum, placed in lifts approximately 8 to 12 inches in loose thickness, and then compacted. The contractor used dozers and scrapers to spread the materials and mbber-tire loaders, mbber-tire and steel drum sheepsfoot compactors, and loaded scrapers to achieve com- paction of the soils placed as fill. Trench backfill operations generally consisted of premixing stockpiled materials to near optimum moisture conditions, placing the conditioned soils in 12- inch lifts, and compacting the soils with a sheepsfoot roller attached to a backhoe or an excavator or with a mechanical jumping jack. 104600005 R-„.v.doc 4 Mm^n-Mmmm Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 4.L Structural Areas Stmctural areas will support buildings, swimming pools, skate parks, and flatwork. These areas are shown on Figure 1. The stmctural areas were over-excavated to provide for the placement of compacted fill. Earthwork for the preparation ofthe building pads consisted of the removal of potentially compressible alluvium to approximately 12 feet below grade (or less if formational material was encountered), and the placement of compacted fill. The ap- proximate removal elevation in structural areas is shown on Figure 1. The compacted fill materials in the upper 5 feet of building pads and upper 3 feet of flatwork areas (or 3 feet beneath future swimming pool and skate park shells) consisted of Select Fill materials. Se- lect Fill materials were generally low expansive, low corrosive soil materials. At the skate park in the northeastem margin of the site, our evaluation previously recom- mended removals of up to 12 feet of the alluvium. During grading, however, this area was impacted by shallow groundwater. Due to the shallow groundwater, we evaluated the rec- ommended removals (Ninyo & Moore, 2010a), As a result of the evaluafion, the removals consisted of the upper approximately 5 feet of alluvium. Stabilization efforts of the excava- tion bottom included the placement of a stabilization fabric and an approximately 2-foot thick layer of stabilizing crushed rock. The approximate limits of the 5 foot deep removal and stabilizing crushed rock underlie a portion of the future skate park as shown on Figure 1. These cmshed rock materials are overlain by compacted fill separated from the cmshed rock by a filter fabric. Furthermore, we evaluated a flood control berm previously constmcted beneath the southem portion of the proposed skate park (Ninyo & Moore, 2010a). The evaluation indicated that the berm was overexcavated and consists of approximately 30 feet of compacted fill. Testing of these fill materials indicated they were expansive in nature below the proposed skate park shell. Due to the expansive nature of this existing compacted fill material, the materials were removed to a depth approximately 3 feet beyond the extent of the skate park shell and re- placed with compacted fill consisting of Select Fill. 104600005 R-rev.a™ 5 ,iy/Hf# MOOrE Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 During the over-excavation of alluvium at the Maintenance Complex, care was taken by the contractor to preserve the buried force mains. For this reason, lateral earthwork setbacks to the existing buried sewer force mains were approximately 7 feet. Therefore, the actual foot- print of the over-excavation performed differs from that shown on the grading plans. The approximate footprint of the removal and 3-foot deep replacement with Select Fill is shown on Figure 1. 4.2. Undocumented Fill Undocumented borrow fill materials remain from a portion of the large stockpile on the southem portion of the site. In areas of future ball parks (not considered structural areas), the stockpile was cut to grade without further processing. The grade in these areas, therefore, consists of the undocumented borrow fill materials as shown on Figure 1. In addition to the borrow fill shown on Figure 1, in this area organic-rich alluvium excavated from the skate park area was placed in shallow lifts upon the finish graded surface for landscaping pur- poses. 4.3. Pavement Area Where pavement improvements are planned, the upper 3 feet of the alluvium, or the upper 3 feet of the undocumented borrow fill materials at subgrade, were over-excavated and re- placed as compacted fill, with exceptions noted in Section 4.4 of this report. Compacted fill comprised of on-site soils was constmcted over these over-excavated materials. 4.4. Bridging FiU Due to the loose, compressible nature of shallow site materials, our referenced geotechnical evaluation report recommended the removal and replacement (overexcavation) of the upper 3 feet of alluvial materials before fill placement in parking areas. At the time of our explora- tions, groundwater levels were approximately 14 feet below grade at the site (Ninyo & Moore, 2006). During grading, potholing performed at the lower portions of the site indi- cated that groundwater was on the order of 1 foot below grade. Such conditions could not io46(xxx)5R.„.v.doc 6 Mffifo MQure Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 provide temporary support needed for the placement of compacted fill by heavy constmction equipment. Therefore, the planned 3-foot deep overexcavation was not considered feasible in these areas without dewatering or other supplemental methods. We evaluated supplemental methods to constmct the compacted fill. The method selected by the City consisted of the placement of bridging fill over the loose, shallow site materials. The bridging fill was constructed in two general areas using two methods. The first area where bridging fill was used is where shallow groundwater was encountered underlying the area of the proposed parking lot in the eastem portion of the site (adjacent to Alicante Road). An approximately 3-foot thick layer of bridging fill was pushed onto the gmbbed surface in this area in approximately 10- to 12-inch thick lifts using a D8 dozer. The second area included the southem portion of the site adjacent to Poinsettia Lane where sewer force mains are buried. In this area, an approximately 4-foot thick layer of bridging fill was placed to protect the force mains from heavy equipment loading. The bridging fill also provided a working surface for the heavy earthwork equipment due to the effect of shal- low groundwater on the loose, shallow site materials. The bridging fill consisted of granular, on-site soil material. The bridging fill was placed by pushing 6-inch thick lifts of material over an area surrounding the force mains using with a D6 dozer. In both areas, the bridging fill was tested for relative compaction as discussed in the Labora- tory and Field Testing section of our report. These areas are shown on Figure 1 as Bridging Fill. 4.5. Oversize Materials Oversized materials at the site were encountered during removals of the existing stockpile in the southem portions of the site. These oversize materials were generally removed from the site. However, site fill materials may contain occasional cobbles. In addition, concretions in the fonnational materials may result in oversize materials in future excavafions. 1()46(XXX)5R -rev.doc Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 4,6. Subdrains Subdrains were not installed at the site during the subject earthwork project. Although earth- work was performed after a period of seasonal rainfall, groundwater or seepage was not encountered in cut slopes or temporary excavations on the westem portion ofthe project. 5. LABORATORY AND FIELD TESTING During the earthwork, we performed laboratory testing to evaluate the fill materials. Laboratory testing was performed on representative samples of the materials used for fill. Select Fill, and trench backfill materials to evaluate engineering characteristics. The modified Proctor was evalu- ated in general accordance with American Society for Testing and Materials (ASTM) Test Method D 1557, and the results are presented in Table 2. The results of the modified Proctor tests were util- ized in the evaluation ofthe relative compaction of the fill and backfill materials. Expansion index testing was performed on soils proposed for use as Select Fill. Expansion Index tests were per- formed in accordance with ASTM D 4829. The results of these tests are presented in Table 3. Laboratory testing was performed on representative samples to evaluate corrosive properties ofthe soils including pH and electrical resistivity, as well as chloride and sulfate contents. The pH and electrical resistivity tests were performed in accordance with Califomia Test 643 and the sulfate and chloride tests were performed in accordance with Califomia Tests 417 and 422, respectively. These laboratory test results are presented in Table 4. The resistance R-value of a representative sample of subgrade materials in the pavement area were tested in general accordance with Califor- nia Test Method 301. These laboratory test results are presented in Table 5. In-place density and moisture content testing was performed by our field representative, in ac- cordance with ASTM D 6938 (Nuclear Gauge Method). A summary of our field density and moisture content test results and approximate test elevations are presented in Tables 6 and 7. The approximate locations ofthe in-place density tests are presented on Figure 1. The project docu- ments indicate that the specified relative compaction for compacted fill and trench backfill is 90 percent of the modified Proctor density. The specified relative compaction for slope face be- neath stone riprap is 95 percent. During the earthwork operations, when a field density test was 1046(XXX)5R-rev.doc Alga Norte Community Park Revised February 4, 2011 Carlsbad, Califomia Project No. 104600005 performed that resulted in less than the specified relative compaction, the area was generally re- worked, and a retest was performed. Where bridging fills were constmcted approximately 4 feet thick above existing sewer force main backfill and 3 feet thick under parking areas, density testing was performed in the bridging fill. These tests results indicated between 85 and 90 percent relative compaction. Portions of the bridging fill were not tested as the fill was intended to merely bridge the loose, wet soils below. 6. CONCLUSIONS AND RECOMMENDATIONS Our field representative was generally on site during the placement of compacted fill for the building pads and areas, as well as during the backfill of storm drains. The removal bottoms were documented by our representative before fill placement. The field density tests perfonned during these operations indicated the specified relative compaction or greater, after testing the reworked areas. Based on our observations and the results of our field and laboratory tests, it is our opinion that the earthwork operations were performed in general accordance with the earthwork recom- mendations presented in the project earthwork specifications with exceptions. Therefore, the planned improvements may be designed and constructed in accordance with the recommenda- tions in our geotechnical evaluation report (Ninyo & Moore, 2006), except as noted below. 6.L Bridging Fill Due to the effect of shallow groundwater levels on the loose, compressible shallow site ma- terials, portions of the site could not provide temporary support needed for the placement of compacted fill by heavy constmction equipment. The City, therefore, selected a supplemen- tal method to place compacted fill consisting of bridging fill as discussed in Section 4.4. The buried bridging fill and loose, compressible shallow site materials left in place (as dis- cussed in Section 4.4 and shown on Figure 1) will undergo long-term settlement due to the weight ofthe overlying fill embankment. These settlements are estimated to be on the order of 8 inches over a period on the order of five to ten years. Such settlement is beyond that an- ticipated where the recommended removals and compacted fill was performed. As a result. 1046(XXX)5 R - rev.doc Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 we anticipate the finish grade will experience differential settlements beyond typically toler- able amounts. Therefore, we recommend that project planning a) consider delaying the installation of rigid pavements and hardscape to the extent possible and b) assume that a re- vised structural pavement section and hardscape details will be recommended by Ninyo & Moore as evaluated at the actual time of the pavement development, 6.2. Expansive Soils During grading of the competition pool, the contractor elected to borrow on-site fill materi- als (i.e., not suitable) from cuts and directly place the materials as fill in the compefition pool excavation. The fill materials which comprise the future walls of the pool were evalu- ated during grading and found not to meet the specifications for Select Fill (Ninyo & Moore, 2010b). The results ofthe laboratory testing of representafive samples of these fill materials is included in Table 3 as "Competifion Pool Fill," The result of this borrow action was that the future walls of the competition pool exhibit a medium expansion potential, exceeding the specificafions for Select Fill. Since these materi- als were elected to be left in place, we recommend that the future swimming pools be designed to tolerate expansive soils, and consider potentially corrosive soil condifions. 6.3. Corrosive Soils Corrosivity testing of representative site fill materials was performed during grading. The results of the testing of representative subgrade soils exposed at the stmctural areas of the pool deck and Maintenance Complex indicated an electrical resistivity of the sample tested as low as 330 ohm-cm, a chloride content as high as 610 parts per million (ppm) and a sul- fate content as high as 0.116 percent. Based on Caltrans criteria, the on-site soils would be classified as corrosive, which is defmed as soil with more than 500 ppm chlorides, more than 0.2 percent sulfates, a pH less than 5.5, or a resistivity of 1,000 ohm-cm or less. We recommend that a corrosion engineer provide further recommendations. 104600005 R - rev.doc ] Q Alga Norte Community Park Revised Febmary 4,2011 Carlsbad, Califomia Project No. 104600005 Concrete in contact with soil or water that contains high concentrations of soluble sulfates can be subject to chemical deterioration. Laboratory testing indicated a sulfate content ofthe near surface soils up to 0.116 percent. Soil with sulfate content greater than 0.1 percent is considered moderately susceptible to sulfate attack, and soils with a sulfate content greater than 0.2 percent is considered severely corrosive (ACI, 2008). Therefore, concrete stmctures in contact with soil should be specified with a compressive strength of 3,000 pounds per square inch. Due to the variability in the on-site soils and the potential future use of re- claimed water at the site, we recommend that Type II/Y cement be used for concrete stmctures in contact with soil and concrete with a water to cement ratio of no more than 0.45. We recommend that 3 inches of concrete cover be provided over reinforcing steel for cast-in-place stmctures in contact with the soil (ACI, 2008). 6.4. Updated Pavement Recommendations We understand that the proposed development will include an asphalt concrete-paved access drive and parking lot. Preliminary pavement designs were provided in our geotechnical evalu- ation report for planning purposes. Subsequently, laboratory testing was performed on a representative bulk sample of the soils exposed at the as-graded subgrade to evaluate R- value of the graded site. The test results indicate an R-value of 21 for the sample tested. We have used an R-value of 20 for the basis for design of flexible pavements at the project site. When finished grading is performed to adjust site grades, pavement recommendations should be based on R-value tests performed on bulk samples of the soils that are exposed at the finished subgrade elevations at that time. For design we have used Traffic Indices (TI) of 6.0 for access drives and 5.0 for parking stalls. The current updated recommended pavement sections are shown in Table 1. I0460(XX)5 R - rev.dtw 11 ' ^aorm Alga Norte Community Park Carlsbad, Califomia Revised Febmary 4, 2011 Project No. 104600005 Table 1 - Updated Pavement Section Recommendations Area R-Value' Traffic Index Asphalt Concrete (inches) Class 2 Aggregate Base (inches) Access Roads 20 6.0 3 10 Parking Stalls 20 5.0 3 8 ' Tiiese results should be re-evaluated if site grades are changed during fmish grading. As indicated, these values assume traffic indices where little to no tmck traffic is anticipated. If traffic loads are different from those assumed, the pavement design should be re- evaluated. We recommend that the upper 12 inches of the subgrade and aggregate base be compacted to a relative compaction of 95 percent. • We suggest that consideration be given to using portiand cement concrete pavements in ar- eas where dumpsters will be stored and where refuse tmcks will stop and load. Experience indicates that refuse truck traffic can significantiy shorten the useful life of asphalt concrete sections. We recommend that in these areas, 6 inches of 600 psi flexural strength portiand cement concrete reinforced with No. 3 bars, 18-inches on center be used. 6.5. Seismic Design Considerations Design of the proposed improvements should be in accordance with the requirements of govem- ing jurisdictions and applicable building codes. Table 2 presents the seismic design parameters for the site in accordance with Califomia Building Code (CBSC, 2010) guidelines and mapped spectral acceleration parameters (USGS, 2010). Table 2 - Seismic Design Parameters Parameter Value Site Class D Site Coefficient, Fa 1.044 Site Coefficient, Fv 1.569 Mapped Short Period Spectral Acceleration, Ss 1.139 Mapped One-Second Period Spectral Acceleration, Si 0.431 Short Period Spectral Acceleration Adiusted For Site Class, SMS 1.189 One-Second Period Spectral Acceleration Adjusted For Site Class, SMI 0.675 Design Short Period Spectral Acceleration, SDS 0,793 Design One-Second Period Spectral Acceleration, SDI 0.450 1046<XXX)5R-rev.doc 12 Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 6.6. Plan Review and Construction Observation The conclusions and recommendations presented in this report are based on analysis of observed conditions at the time of mass grading. If conditions are found to vary from those described in this report, Ninyo & Moore should be notified, and additional recommendations will be pro- vided upon request. Ninyo & Moore should review the final project drawings and specifications prior to the commencement of constmction. Ninyo & Moore should perform the needed obser- vation and testing services during constmction operations. Prior to placement of improvements, or following a delay in the grading operations or inclement weather, the previously compacted fill should be evaluated by Ninyo & Moore. Unless otherwise recommended, the fill should be scarified, moisture conditioned, and recompacted, 7. LIMITATIONS The geotechnical services outlined in this report have been conducted in accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in this area. No warranty, expressed or implied, is made regarding the observations and conclu- sions expressed in this report. The reported test results represent the relative compaction and moisture content at the locations tested. It is important to note that the precision of field density tests and the laboratory dry density tests is not exact and variations should be expected. The re- ported locations, depths and elevations of the density tests are estimated based on correlations with the site plans. Further accuracy is not implied. 104600005R-rev.doc 13 • /^liore Alga Norte Community Park Revised Febmary 4, 2011 Carlsbad, Califomia Project No. 104600005 8. REFERENCES American Concrete Insfitute (ACI), 2008, ACI 318-08 Building Code Requirements for Stmc- tural Concrete and Commentary, Annual Book of ASTM Standards, 2007, Section 4, Construction, Volume 04.08, Soil and Rock (Vol. I and II). Califomia Building Standards Commission (CBSC), 2010, Califomia Building Code (CBC), Ti- tie 24, Part 2, Volumes 1 and 2. City of Carlsbad, 2009, Contract Documents, General Provisions, Supplemental Provisions, and Technical Specificafions for Alga Norte Community Park Mass Grading, Contract No. 38372 and amendments: adopted October 6. Geocon, 2004, Final Report of Tesfing and Observation Services Performed During Site Grading, Alicante Road North Levee, Villages of La Costa, The Greens, Carlsbad, Califomia: dated May 21. Kennedy, M.P. and Tan, S.S, 2005, Geologic Map of the Oceanside 30' x 60' Quadrangle, Cali- fomia: Califomia Geological Survey, Regional Geologic Map No. 2, Scale 1:100,000. Kennedy, M.R and Tan, S.S, 2007, Geologic Map of the Oceanside 30' x 60' Quadrangle, Cali- fornia: Califomia Geological Survey, Regional Geologic Map No. 2, Scale 1:100,000. Ninyo & Moore, 2010a, Geotechnical Addendum #2 - Overexcavation of Skate Park and Berm, Mass Grading and Storm Drain, Alga Norte Community Park, Carisbad, Califomia: dated June 30. Ninyo & Moore, 2010b, Non-Conformance: Select Fill at Competition Pool, Alga Norte Com- munity Park - Mass Grading and Storm Drain, Carisbad, Califomia: dated June 16. Ninyo & Moore, 2010c, Geotechnical Addendum #1 - Overexcavation of Eastem Parking Lot, Alga Norte Community Park - Mass Grading and Storm Drain, Carisbad, Califomia: dated April 21. Ninyo & Moore, 2007, Stockpile Assessment, Alga Norte Community Park, Carisbad, Califor- nia: dated February 21. Ninyo & Moore, 2006, Geotechnical Evaluation, Alga Norte Community Park, Carisbad, Cali- fomia: dated June 9. United States Geological Survey (USGS), 2010 Ground Motion Parameter Calculator v. 5.0.9a, World Wide Web, http://earthquake.usgs.gov/research/hazmaps/design/. Wimmer Yamada & Caughey, 2009, Plans for Alga Norte Community Park, Drawing No. 419- 2A, Sheets 1 through 25: approved October 15. 104600005 R - rev.doc . _ _ fc/ Alga Norte Community Park Carlsbad, Califomia Revised Febmary 4, 2011 Project No. 104600005 Table 2 - Modified Proctor Density Test Results Soil Type No. Description Modified Proctor Density (pei) Optimum Moisture Content (%) 3 Brown, Clayey SILT 113.5 13.0 4 Dark Brown, Silty CLAY 117.0 11.0 5 Yellowish Brown, Silty SAND 123.0 11.5 6 Brown, Sandy CLAY 115.5 12.0 7 Olive Brown, Silty to Clayey SAND 120.5 11.5 8 Light Brown, Silty Fine SAND 118.5 12.0 9 Dark Brown, Sandy CLAY 108.5 17.5 10 Light Brown SAND 120.0 13.0 13 Yellowish Brown, Sandy SILT 120.0 13.0 14 Light Brown, Sandy CLAY 115.5 13.0 17 Light Brown, Sandy CLAY 115.5 13.0 20 Light Brown, Silty SAND 116.0 11.5 Table 3 - Soil Expansion Index Test Results Soil Type No./Sample ID Description Test Elevation (ft, MSL) Expansion Index Expansion Po- tential 13 Select Fill Stockpile 5-4-10 -15 Very Low 17 Competition Pool Fill 148 59 Medium S-l7000 Competition Pool Fill 145 80 Medium S-l6998 Competition Pool Fill 142 53 Medium S-l6997 Competition Pool Fill 139 55 Medium S-17572 Deck North of Competition Pool 148 41 Low S-17573 Deck West of Competition Pool 148 38 Low S-17574 Deck South of Competition Pool 148 12 Very Low S-l7673 Maintenance Complex 124 42 Low S-17674 Maintenance Complex 128 15 Very Low 1046(XKX)5 R - rev.doc 1 of 2 mors Alga Norte Community Park Carlsbad, Califomia Revised Febmary 4, 2011 Project No. 104600005 Table 4 - Corrosion Test Results Sample ID Location Test Elevation (ft, MSL) pH Resistivity (ohm-cm) Chloride Content (ppm) Sulfate Content (ppm) S-17572 Deck, North of Competition Pool 147.5 7.8 340 540 1110 S-l7673 Maintenance Complex 124 6.7 330 490 1080 S-17674 Maintenance Complex 128 6.7 360 610 1160 Table 5 - R-value Test Result Soil Type No. Location Description Elevation, ft (MSL) R-value 24 Pavement Area Sandy CLAY 141 21 1()46<XXX)5 R - rev.doc 2 of 2 maw Mowe TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 1 # 4/14/10 CF Southeast Comer 107.0 3 17.7 104.2 113,5 13.0 92 90 2 # 4/14/10 CF Southeast Comer 107.0 3 17,3 106.1 113,5 13.0 94 90 3 # 4/14/10 CF South End 110.0 4 13,7 109.1 117.0 U.O 93 90 4 # 4/14/10 CF Pavement Area, East Side 110,0 4 10.5 112.9 117.0 11.0 96 90 5 # 4/19/10 CF Pavement Area, East Side 134.0 4 12.5 109,1 117,0 11,0 93 90 6 # 4/19/10 CF Pavement Area, East Side 133.0 4 15.7 105.8 117,0 11.0 90 90 7 # 4/19/10 CF Pavement Area, East Side 128.0 3 14.6 102.3 113,5 13.0 90 90 8 # 4/19/10 CF Pavement Area, East Side 128.0 12.4 102.6 113.5 13.0 90 90 9 # 4/19/10 CF Pavement Area, East Side 125,0 3 17.2 103.8 113.5 13.0 91 90 10 # 4/19/10 CF Pavement Area, East Side . 136.0 3 15.0 105.3 113.5 13.0 93 90 11 # 4/19/10 CF Pavement Area, East Side 131.0 4 15,6 107.0 117.0 U.O 91 90 12 # 4/19/10 CF Pavement Area, East Side 131.0 4 14,9 110.6 117.0 11.0 95 90 13 # 4/19/10 CF Pavement Area, East Side 135.0 4 16,3 108.7 117,0 11.0 93 90 14 # 4/19/10 CF Pavement Area, East Side 138.0 4 15,5 109.8 117,0 U.O 94 90 15 # 4/20/10 CF Pavement Area, East Side 139.0 3 10.7 102.9 113,5 13.0 91 90 16 # 4/20/10 CF Pavement Area, East Side 138.0 12.1 102.4 113.5 13.0 90 90 17 # 4/20/10 CF Pavement Area, East Side 137.0 6 13,2 108.7 115.5 12.0 94 90 18 # 4/20/10 CF Pavement Area, East Side 141.0 3 12.3 102,6 113.5 13.0 90 90 19 # 4/20/10 CF Pavement Area, East Side 138.0 3 12.0 102,6 113.5 13.0 90 90 20 # 4/20/10 CF Pavement Area, West Side, Middle 143.0 3 7.0 98.0 113.5 13.0 86 90 Retest on 26# 21 # 4/20/10 CF Pavement Area, West Side, North End 138.0 19,7 99.6 113.5 13.0 88 90 Retest on 27# 22 # 4/20/10 CF Pavement Area, West Side, Middle 138,0 3 15.3 100.8 113.5 13.0 89 90 Retest on 28# 23 # 4/20/10 CF Pavement Area, West Side, South End 133,0 6 13.5 110.2 115.5 12.0 95 90 24 # 4/20/10 CF Pavement Area, West Side, South End 135,0 6 13.3 108,6 115.5 12.0 94 90 25 # 4/20/10 CF Pavement Area, West Side, South End 129,0 5 12.9 112.0 123.0 11.5 91 90 104600005 FDTs- rev.xls 1 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Field Laboratory Specified Relative Compaction (%) Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 26 # 4/20/10 CF Pavement Area, West Side, Middle 143.0 3 12,2 104.5 113,5 13,0 92 90 27 # 4/20/10 CF Pavement Area, West Side, North End 138.0 3 16,1 103.0 113,5 13.0 91 90 28 # 4/20/10 CF Pavement Area, West Side, Middle 138.0 3 15.0 102.4 U3.5 13,0 90 90 29 # 4/20/10 CF Pavement Area, West Side, North End 144,0 10.3 103.3 113.5 13.0 91 90 30 # 4/20/10 CF Pavement Area, West Side, North End 139.0 3 16,1 105.7 113.5 13.0 93 90 31 # 4/20/10 CF Pavement Area, West Side, Middle 132,0 4 15.1 106.6 117.0 U.O 91 90 32 # 4/20/10 CF Pavement Area, West, Middle 136,0 ') 0 13,0 103,0 113.5 13.0 91 90 33 # 4/21/10 CF Pavement Area, West, North End 141.0 4 17.0 106,7 117,0 U.O 91 90 34 # 4/21/10 CF Pavement Area, East Side, North End 143.0 3 20.0 103.7 113,5 13.0 91 90 35 # 4/21/10 CF Pavement Area, Center 141.0 9 17.1 98.0 108.5 17.5 90 90 36 # 4/21/10 CF Pavement Area, West, Center 135,0 9 17.6 97.8 108.5 17.5 90 90 37 # 4/21/10 CF Pavement Area, North End 129.0 3 13,8 104.7 113.5 13.0 92 90 38 # 4/21/10 CF Pavement Area, South End 129.0 3 14.7 102.7 113.5 13,0 90 90 39 # 4/21/10 CF Pavement Area, South End 136.0 3 14.7 107.8 113,5 13,0 95 90 40 # 4/21/10 CF Pavement Area, East Side 134.0 3 18,3 105.9 113,5 13,0 93 90 41 # 4/21/10 CF Pavement Area, West Side 146.0 3 15,2 104,4 113,5 13.0 92 90 42 # 4/21/10 CF Pavement Area, East Side 139.0 3 14,9 106,4 113,5 13.0 94 90 43 # 4/21/10 CF Pavement Area 148.0 3 16.5 101.8 113,5 13.0 90 90 44 # 4/26/10 CF Pavement Area, Northwest Side 148.0 6 14.2 106,3 115.5 12,0 92 90 45 # 4/26/10 CF Pavement Area, North End 147,0 6 13,6 107,7 115.5 12,0 93 90 46 # 4/26/10 CF Pavement Area, West Center 138,0 3 15.3 102.9 113.5 13.0 91 90 47 # 4/26/10 CF Pavement Area, North Center 143,0 6 14.2 106,8 115,5 12,0 92 90 48 # 4/26/10 CF Pavement Area, Southeast End 129,0 8 15,4 108.6 118,5 12.0 92 90 49 # 4/26/10 CF Pavement Area, Southwest End 136.0 8 13,1 106.9 118.5 12.0 90 90 50 # 4/26/10 CF Pavement Area, South End 132,0 6 8.6 99,8 115,5 12.0 86 90 Retest on 53# 104600005 FDTs - rev.xls 2 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 51 # 4/26/10 CF Pavement Area, Middle East Side 131.0 6 7.9 99.8 115,5 12.0 86 90 Retest on 54# 52 # 4/26/10 CF Pavement Area, North End 132,0 6 7.6 101.1 115,5 12.0 88 90 Retest on 55# 53 # 4/26/10 CF Pavement Area, South End 132,0 6 14.5 106.0 115,5 12.0 92 90 54 # 4/26/10 CF Pavement Area, Middle East Side 131.0 6 12.9 104,6 115,5 12,0 91 90 55 # 4/26/10 CF Pavement Area, North End 132,0 6 15.0 104.8 115,5 12,0 91 90 56 # 4/27/10 CF Structural Area, South End 135.0 3 18.8 103,9 113,5 13.0 92 90 57 # 4/27/10 CF Structural Area, South Middle 1340 3 17.7 106,1 113,5 13.0 93 90 58 # 4/27/10 CF Structural Area, Middle 133,0 3 16.7 104,5 113,5 13,0 92 90 59 # 4/27/10 CF Stmctural Area, North Middle 136,0 3 18.5 104,6 113,5 13,0 92 90 60 # 4/27/10 CF Stmctural Area, North End 136.0 3 15.9 107.1 113.5 13.0 94 90 61 # 4/27/10 CF Stmctural Area, North Middle 138.0 3 14.8 104,7 113.5 13,0 92 90 62 # 4/27/10 CF Stmctural Area, Middle 136.0 3 15.1 103.6 113.5 13,0 91 90 63 # 4/27/10 CF Stmctural Area, South End 136.0 3 15.3 104,1 113.5 13,0 92 90 64 # 4/27/10 CF Stmctural Area, North End 140.0 3 16.3 103,3 113.5 13,0 91 90 65 # 4/27/10 CF Stmctural Area, Middle 138.0 3 15.4 106,5 113.5 13,0 94 90 66 # 4/27/10 CF Stmctural Area, North End 142.0 4 14.6 106.0 117.0 11.0 91 90 67 # 4/27/10 CF Stmctural Area, North Middle 140.0 3 17.0 104,4 113.5 13,0 92 90 68 # 4/27/10 CF Stmctural Area, Middle 139.0 8 12.5 109,5 118,5 12,0 92 90 69 # 4/27/10 CF Stmctural Area, South End 136.0 3 15.2 103,6 113,5 13,0 91 90 70 # 4/27/10 CF Stmctural Area, North Middle 142.0 9 18.1 103.4 108.5 17,5 95 90 71 # 5/4/10 CF Stmctural Area, South End 139.0 7 10.3 109,3 120.5 11,5 91 90 72 # 5/4/10 CF Structural Area, Middle 141.0 5 12.1 117,1 123.0 11,5 95 90 73 # 5/4/10 CF Stmctural Area, South End 142.0 7 10.6 109,2 120.5 11,5 91 90 74 # 5/4/10 CF Structural Area, South Middle 144.0 5 12.6 116.0 123.0 11,5 94 90 75 # 5/4/10 CF Pavement Area, South End 132.0 7 10.6 110,9 120.5 11,5 92 90 104600005 FDT.S-rev.xls 3 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 76 # 5/4/10 CF Pavement Area, South End 138.0 7 9.5 111.3 120,5 11,5 92 90 77 # 5/4/10 CF Pavement Area, South Middle 138.0 7 9.8 114.5 120.5 11,5 95 90 78 # 5/4/10 CF Pavement Area, South Middle 138.0 7 10.9 108.5 120.5 11,5 90 90 79 # 5/4/10 CF South of Pavement Area 127.0 4 12.4 110.9 117,0 U.O 95 90 80 # 5/4/10 CF South of Pavement Area 136.0 4 11,8 109,7 117,0 11,0 94 90 81 # 5/4/10 CF Pavement Area, South Middle 141,0 7 11.2 113.4 120,5 11.5 94 90 82 # 5/4/10 CF Pavement Area, South Side 134,0 7 10,0 113,0 120,5 11.5 94 90 83 # 5/4/10 CF Pavement Area, South Side 139,0 5 10,5 111.3 123,0 11.5 90 90 84 # 5/4/10 CF South of Pavement Area 134,0 5 11.8 111.6 123,0 11.5 91 90 85 # 5/5/10 CF South of Pavement Area 135.0 5 12.8 111,9 123.0 11.5 91 90 86 # 5/5/10 CF Pavement Area, South End 140.0 5 12.1 115.1 123.0 11.5 94 90 87 # 5/5/10 CF Pavement Area, South Middle 140.0 5 12,8 113.6 123.0 11,5 92 90 88 # 5/6/10 CF Stmctural Area, South Side 141.0 6 10,5 114.1 115,5 12.0 99 90 89 # 5/6/10 CF Stractural Area, South Middle 138.0 6 8,8 101,9 115,5 12.0 88 90 Retest on 92# 90 # 5/6/10 CF Stmctural Area, North Middle 138,0 6 9,1 100,8 115,5 12.0 87 90 Retest on 94# 91 # 5/6/10 CF Stmctural Area, North Side 140,0 6 12,1 109.2 115,5 12,0 95 90 92 # 5/6/10 CF Stmctural Area, South Middle 138,0 6 12.1 110,3 115,5 12.0 95 90 93 # 5/6/10 CF Stmctural Area, Middle 141.0 5 13,5 112,1 123.0 11.5 91 90 94 # 5/6/10 CF Stmctural Area, North Middle 138.0 6 13.9 110,4 115,5 12.0 96 90 95 # 5/6/10 CF Stmctural Area, South Middle 143.0 5 12.0 112,0 123,0 11,5 91 90 96 # 5/6/10 CF Stmctural Area, North End 143.0 5 12,1 114,7 123,0 11,5 93 90 97 # 5/6/10 CF Stmctural Area, Middle 144.0 6 13.4 107.4 115.5 12.0 93 90 98 # 5/6/10 CF Stmctural Area, South Middle 144,0 6 13.1 107,7 115,5 12.0 93 90 99 # 5/6/10 CF Stmctural Area, South End 144,0 5 10,7 111.0 123,0 11.5 90 90 100 # 5/6/10 CF Stmctural Area, North Middle 145,0 5 11,4 110,7 123,0 11,5 90 90 104600005 FDTs-rev.xls 4 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 101 # 5/6/10 CF Stmctural Area, South End 145.0 5 12.5 112.5 123,0 11,5 91 90 102 # 5/6/10 CF Stmctural Area, Middle 146,0 5 11,8 116.2 123.0 11.5 94 90 103 # 5/6/10 CF Stmctural Area, North Middle 147.0 6 17,0 108,5 115.5 12.0 94 90 104 # 5/6/10 CF Stmctural Area, North End 147,0 6 15,3 108.5 115.5 12.0 94 90 105 # 5/7/10 CF Structural Area, Middle 131,0 10 17,2 108.4 120.0 13,0 90 90 106 # 5/7/10 CF Stmctural Area, Middle 131,0 10 17,0 109,6 120.0 13.0 91 90 107 # 5/7/10 CF Stmctural Area, Middle 133.0 10 16,8 111,2 120.0 13.0 93 90 108 # 5/7/10 CF Stmctural Area, Middle 135,0 6 15,5 107,6 115,5 12.0 93 90 109 # 5/7/10 CF Stractural Area, Middle 135.0 6 14.1 104,7 115,5 12.0 91 90 UO # 5/7/10 CF Stractural Area, Middle 137.0 10 17.9 109,3 120.0 13.0 91 90 111 # 5/7/10 CF Stractural Area, Middle 137,0 10 16.7 111,6 120,0 13.0 93 90 112 # 5/7/10 CF Structural Area, Middle 131,0 10 12.3 110,2 120,0 13.0 92 90 113 # 5/7/10 CF Stmctural Area, Middle 132,0 10 13.9 112,6 120,0 13.0 94 90 114 # 5/7/10 CF Stmctural Area, Middle 133.0 10 14.4 109,1 120,0 13.0 91 90 115 # 5/7/10 CF Structural Area, Middle 135,0 10 13.2 108,5 120,0 13,0 90 90 116 # 5/7/10 CF South End, Force Main Bridging 107.0 7 7.2 108.5 120.5 11.5 90 85 Bridging fdl 117 # 5/7/10 CF South End, Force Main Bridging 106,0 7 6.5 107,5 120,5 11.5 89 85 Bridging fdl 118 # 5/7/10 CF Stmctural Area, Middle 138,0 10 7.2 103,5 120,0 13.0 86 90 Retest on 120# 119 # 5/7/10 CF Structural Area, Middle 138,0 10 7.0 103,6 120,0 13.0 86 90 Retest on 121# 120 # 5/7/10 CF Stmctural Area, Middle 138,0 10 12.0 110.6 120.0 13.0 92 90 121 # 5/7/10 CF Stmctural Area, Middle 138,0 10 13.5 112.2 120,0 13.0 93 90 122 # 5/10/10 CF Stmctural Area, Middle 138,0 5 11.6 113,4 123,0 11.5 92 90 123 # 5/10/10 CF Stmctural Area, Middle 139.0 10 16.6 109.2 120.0 13.0 91 90 124 # 5/10/10 CF Stmctural Area, Middle 139.0 10 16.0 108,4 120,0 13.0 90 90 125 # 5/10/10 CF Structural Area, Middle 141.0 5 7.9 108.2 123.0 11.5 88 90 Retest on 126# 104600005 FDTs - rev.xls 5 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 126 # 5/10/10 CF Stractural Area, Middle 142.0 5 10,9 113.7 123.0 11.5 92 90 127 # 5/11/10 CF Structural Area, Middle 140.0 5 12,1 113.6 123.0 11.5 92 90 128 # 5/11/10 CF Stmctural Area, Middle 141.0 5 12,0 115.1 123.0 11.5 94 90 129 # 5/11/10 CF Stmctural Area, Middle 143.0 17 15.1 106.5 115.5 13,0 92 90 130 # 5/11/10 CF Stmctural Area, Middle 143.0 17 14.6 108.0 115.5 13.0 94 90 131 # 5/11/10 CF South End, Force Main Bridging 110.0 7 10.4 107.8 120.5 11,5 89 85 Bridging Fill 132 # 5/11/10 CF South End, Force Main Bridging 112.0 7 9.5 106.8 120.5 11.5 89 85 Bridging Fill 133 # 5/U/lO CF South End, Force Main Bridging 109,0 7 9.3 105.9 120.5 11.5 88 85 Bridging Fill 134 # 5/11/10 CF South End, Force Main Bridging 109,0 7 6.3 103.1 120.5 11.5 86 85 Bridging Fill 135 # 5/U/lO CF Stmctural Area, Middle 145,0 5 9.1 111.3 123.0 11,5 90 90 136 # 5/11/10 CF Stmctural Area, Middle 145.0 5 9.9 110.7 123,0 11,5 90 90 137 # 5/12/10 CF Stractural Area, North Middle 147.0 6 13.2 105.4 115.5 12.0 91 90 138 # 5/12/10 CF Stmctural Area, Middle 147.0 6 13.6 104.8 115,5 12,0 91 90 139 # 5/12/10 CF Stractural Area, South End 148.0 8 9.7 107.2 118.5 12.0 90 90 140 # 5/12/10 CF Stmctural Area, Middle 149.0 8 11.6 108.8 118.5 12.0 92 90 141 # 5/12/10 CF Stmctural Area, North End 149.0 5 11,7 111.8 123.0 11.5 91 90 142 # 5/12/10 CF Stmctural Area, North End 147.0 17 11,3 109.7 115.5 13.0 95 90 143 # 5/12/10 CF Stmctural Area, Middle 148.0 5 11,1 110.9 123.0 11,5 90 90 144 # 5/12/10 CF Stractural Area, South End 147,0 5 15.2 113,7 123.0 11.5 92 90 145 # 5/12/10 CF Pavement Area, East Side 116.0 9 17,3 100,3 108.5 17.5 92 90 146 # 5/12/10 CF Pavement Area, East Side 119.0 9 16.1 100,2 108.5 17,5 92 90 147 # 5/12/10 CF Pavement Area, South East End 114.0 7 11,4 110,1 120.5 11,5 91 90 148 # 5/12/10 CF Pavement Area, South East End 111,0 7 14.4 109.6 120,5 11,5 91 90 149 # 5/12/10 CF Pavement Area, South End 112,0 7 13,7 110.8 120,5 11.5 92 90 150 # 5/12/10 CF South Side 113,0 7 14.9 111.5 120.5 11.5 93 90 104600005 FDTs-rev.xls 6 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 151 # 5/12/10 CF South Side 114.0 7 12,6 110.7 120.5 11.5 92 90 152 # 5/13/10 CF South Side 115.0 7 12,4 114,4 120.5 11.5 95 90 153 # 5/13/10 CF South Side 115,0 7 9.9 111,5 120.5 11.5 93 90 154 # 5/13/10 CF South Side 115,0 7 11.0 112.9 120.5 11.5 94 90 155 # 5/13/10 CF South Side 114,0 7 10.9 113.3 120.5 11.5 94 90 156 # 5/13/10 CF South Side 116,0 7 12,5 111.9 120.5 11.5 93 90 157 # 5/13/10 CF South Side 112,0 9 10,4 93.6 108,5 17,5 86 85 Bridging Fill 158 # 5/13/10 CF South Side 121,0 9 8.5 92.4 108.5 17.5 85 85 Bridging Fill 159 # 5/13/10 CF South Side 118,0 7 10.7 Ull 120,5 11.5 92 90 160 # 5/13/10 CF South Side 119.0 7 11,4 109.3 120,5 11.5 91 90 161 # 5/13/10 CF South Side 121.0 8 12,1 107.7 118,5 12.0 91 90 162 # 5/13/10 CF South Side 115,0 8 12,3 108.9 118,5 12.0 92 90 163 # 5/13/10 CF South Side 121.0 7 9.8 111.6 120,5 11.5 93 90 164 # 5/13/10 CF South Side 116.0 7 10.3 111.7 120,5 11.5 93 90 165 # 5/14/10 CF South Side 120.0 6 14.5 105.9 115.5 12.0 92 90 166 # 5/14/10 CF South Side 126,0 6 13.6 106.4 115,5 12.0 92 90 167 # 5/14/10 CF South Side 125.0 8 9,3 108.1 118,5 12.0 91 90 168 # 5/14/10 CF South Side 116.0 8 11,3 107.5 118,5 12.0 91 90 169 # 5/14/10 CF South Side 116,0 7 12,7 110.0 120,5 11.5 91 90 170 # 5/14/10 CF South Side 117.0 6 13,1 107.3 115,5 12.0 93 90 171 # 5/14/10 CF South Side 117.0 6 10,5 109.4 115,5 12.0 95 90 172 # 5/14/10 CF South Side 117.0 10 16.3 108.3 120,0 13.0 90 90 173 # 5/14/10 CF South Side 120.0 10 15.8 107.8 120,0 13.0 90 90 174 # 5/14/10 CF South Side 119.0 8 14.3 110.5 118.5 12.0 93 90 175 # 5/14/10 CF South Side 123.0 5 14.0 112.5 123,0 11.5 91 90 i0460000JFDTs-rev.xls 7 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 176 # 5/19/10 CF Pavement Area, East Side 121,0 4 12.8 111.3 117.0 U.O 95 90 177 # 5/19/10 CF Pavement Area, East Side 123,0 4 12.2 108.8 117.0 U.O 93 90 178 # 7/8/10 CF Skate Park, North Eiid 147,0 4 16.3 105.8 117.0 11,0 90 90 179 # 7/8/10 CF Skate Park, North End 149.0 8 15.1 108.9 118,5 12.0 92 90 180 # 7/12/10 CF Pavement Area, East Side 121.0 7 10.4 113,7 120,5 11.5 94 90 181 # 7/12/10 CF Pavement Area, East Side 122,0 7 11.5 111.1 120,5 U.5 92 90 182 # 7/12/10 CF Pavement Area, East Side 124,0 7 10.7 112.2 120.5 11.5 93 90 183 # 7/12/10 CF Pavement Area, East Side 124,0 7 10.1 110.9 120.5 11,5 92 90 184 # 7/12/10 CF Pavement Area, East Side 126,0 7 10.1 114.5 120.5 11.5 95 90 185 # 7/12/10 CF Skate Park, West End 133,0 6 12.0 105.6 115,5 12.0 91 90 186 # 7/12/10 CF Skate Park, West End 134.0 6 13.6 108.1 115,5 12,0 94 90 187 # 7/12/10 CF Skate Park, West End 136,0 6 13,9 106.6 115,5 12.0 92 90 188 # 7/12/10 CF Skate Park, West End 138.0 6 13,1 110.7 115.5 12.0 96 90 189 # 7/13/10 CF Skate Park, West End 138.0 5 14,7 114.0 123.0 11.5 93 90 190 # 7/13/10 CF Skate Park, West End 139.0 5 14.9 112.4 123.0 11,5 91 90 191 # 7/13/10 CF Skate Park, West End 140.0 6 16.7 104,3 115.5 12,0 90 90 192 # 7/13/10 CF Skate Park, West End 141.0 6 17,7 104,8 115.5 12.0 91 90 193 # 7/14/10 CF Skate Park, West End 143,0 6 14,1 107.4 115,5 12.0 93 90 194 # 7/14/10 CF Skate Park, West End 143,0 6 12.1 107.8 115,5 12,0 93 90 195 # 7/14/10 CF Skate Park, West End 144.0 6 12,5 109.8 115,5 12.0 95 90 196 # 7/14/10 CF Skate Park, West End 145,0 6 13.7 105,9 115.5 12,0 92 90 197 # 7/14/10 CF Skate Park, East End 136,0 6 16.1 105.5 115,5 12.0 91 90 198 # 7/14/10 CF Skate Park, East End 134,0 6 13.3 110.3 115.5 12.0 96 90 199 # 7/14/10 CF Skate Park, East End 133,0 6 13,3 109.6 U5.5 12.0 95 90 200 # 7/15/10 CF Skate Park, West End 146,0 6 14,9 108.3 115.5 12,0 94 90 104600005 FDTs-rev.xls 8 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 201 # 7/15/10 CF Skate Park, West End 147.0 6 13,8 109.9 115.5 12.0 95 90 202 # 7/15/10 CF Skate Park, West End 149.0 6 14,3 108.1 115.5 12,0 94 90 203 # 7/15/10 CF Skate Park, West End 150.0 6 13.3 107,7 115.5 12.0 93 90 204 # 7/15/10 CF Skate Park, East End 138.0 6 15,2 110.9 115.5 12,0 96 90 205 # 7/15/10 CF Skate Park, East End 136.0 5 14,5 115.1 123.0 11,5 94 90 206 # 7/15/10 CF Skate Park, East End 135.0 6 17,4 106.0 115.5 12,0 92 90 207 # 7/15/10 CF Restroom, North End 151,0 10 10,2 109,2 120,0 13.0 91 90 208 # 7/15/10 CF Restroom, North End 153,0 10 12.0 108,8 120,0 13.0 91 90 209 # 7/15/10 FG Restroom, North End 155.0 10 10,5 109.5 120.0 13.0 91 90 210 # 7/16/10 CF Skate Park, East End 137,0 4 9.5 109,3 117,0 U.O 93 90 211 # 7/16/10 CF Skate Park, East End 138.0 4 9,5 107.9 117.0 U.O 92 90 212 # 7/16/10 CF Skate Park, East End 139.0 9 19,1 99.0 108,5 17.5 91 90 213 # 7/16/10 CF Skate Park, East End 140.0 9 17.0 99,6 108,5 17.5 92 90 214 # 7/16/10 SF Skate Park, West End 147.0 9 9,8 93.3 108,5 17.5 86 90 Retest on 227# 215 # 7/16/10 SF Skate Park, West End 142.0 9 13,3 100.1 108,5 17.5 92 90 216 # 7/19/10 CF Slope Zone North of Ball Field 133,0 6 17,4 108,1 115,5 12.0 94 90 217 # 7/19/10 CF Slope Zone North of Ball Field 131.0 6 17,5 108.8 115,5 12.0 94 90 218 # 7/19/10 CF Slope Zone North of Ball Field 137.0 6 16.7 107.5 115,5 12.0 93 90 219 # 7/19/10 CF Slope Zone North of Ball Field 139.0 6 19.0 105.0 115.5 12.0 91 90 220 # 7/19/10 CF Slope Zone North of Ball Field 141,0 6 15.3 105,5 115,5 12,0 91 90 221 # 7/19/10 CF Slope Zone North of Ball Field 144,0 6 16.3 109,2 115.5 12.0 95 90 222 # 7/19/10 CF Slope Zone North of Ball Field 139,0 6 17.2 107,8 115.5 12.0 93 90 223 # 7/20/10 CF Consessions Building 126.0 10 8,1 104,9 120.0 13,0 87 90 Retest on 224# 224 # 7/20/10 CF Consessions Building 126.0 10 11.7 105,9 120.0 13,0 88 90 Retest on 225# 225 # 7/20/10 CF Consessions Building 126,0 10 11.9 109,4 120.0 13,0 91 90 104600005 FDTs - rev.xls 9 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcO Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 226 # 7/20/10 CF Consessions Building 128.0 10 11.1 109.7 120,0 13,0 91 90 227 # 7/22/10 SF Skate Park, West End 147.0 9 16.0 103.5 108.5 17,5 95 95 228 # 7/22/10 SF Skate Park, West End 142.0 9 16.7 104,9 108.5 17,5 97 95 229 # 7/28/10 CF Skate Park, North 140,0 6 11,8 109,6 115.5 12.0 95 90 230 # 7/28/10 CF Skate Park, Center 141.0 10 14,0 108,7 120.0 13.0 91 90 231 # 7/29/10 SF Skate Park, North End 141.0 10 14,2 110,9 120.0 13,0 92 90 232 # 7/29/10 CF Skate Park, Northeast 141,0 10 13.8 110.5 120.0 13.0 92 90 233 # 7/29/10 CF Skate Park, North 141,0 10 12.0 110.8 120.0 13.0 92 90 234 # 7/29/10 CF Skate Park, Southeast 143.0 10 13.7 114.6 120.0 13.0 95 90 235 # 7/29/10 CF Skate Park, Southeast 143.0 10 14.0 110.0 120.0 13,0 92 90 236 # 7/29/10 CF Skate Park, West 143.0 10 13,0 109.6 120.0 13.0 91 90 237 # 7/30/10 CF Skate Park, East 145.0 10 14.3 113.6 120.0 13.0 95 90 238 # 7/30/10 CF Skate Park, Southeast 145.0 10 13.0 112,0 120.0 13,0 93 90 239 # 7/30/10 SF Skate Park, Beneath Riprap 143.0 10 13.7 114.1 120.0 13,0 95 95 240 # 7/30/10 CF Skate Park, West 147.0 10 13,9 112.6 120.0 13.0 94 90 241 # 7/30/10 CF Skate Park, East 147.0 10 13.2 111.7 120,0 13.0 93 90 242 # 7/30/10 CF Skate Park, East 149,0 10 11.6 109.8 120,0 13.0 91 90 243 # 7/30/10 CF Skate Park, Southeast 149.0 10 12.5 110.0 120,0 13,0 92 90 244 # 7/30/10 SF Skate Park, Northeast 149.5 10 13,6 116.4 120.0 13.0 97 95 245 # 8/2/10 CF Maintenance Complex 122,0 17 10.0 100,5 115.5 13,0 87 90 Retest on 246# 246 # 8/2/10 CF Maintenance Complex 122,0 17 11.8 106.1 115.5 13,0 92 90 247 # 8/2/10 CF Maintenance Complex 124,0 17 12.4 104,3 115,5 13.0 90 90 248 # 8/2/10 CF Maintenance Complex 126.0 17 12.8 106,3 115,5 13,0 92 90 249 # 8/3/10 CF Maintenance Complex 128.0 17 11.7 109,3 115,5 13.0 95 90 250 # 8/3/10 CF Maintenance Complex 128,0 5 11.6 111,6 123.0 11,5 91 90 104600005 FDTs-rev.xls 10 of 11 TABLE 6 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: FILL Field Laboratory Specified Relative Compaction (%) Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 251 # 8/3/10 CF Maintenance Complex 128.0 5 10.0 112.5 123,0 11,5 92 90 252 # 8/4/10 CF Maintenance Complex 128.0 5 12.9 113,8 123,0 11.5 93 90 253 # 9/9/10 CF Northwest of Basin D 122.0 14 6.6 97,7 115,5 13.0 85 -Landscaping Fill Notes: Test No.: (#) - Nuclear Gauge Test Method; (*) - Sand Cone Test Method; (+) - 12-inoh Sand Cone Method; Test of CF - Compacted Fill; FG - Finished Grade; SF - Slope Face - Drive-Cylinder Method 104600005 FDTs - rev.xls 11 of 11 TABLE 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: STORM DRAIN BACKFILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 1 # 6/4/10 SD Station 10+60, 48" RCP, Line C 126,4 4 13.0 111,0 117,0 U.O 95 90 2 # 6/4/10 SD Station 11+10, 48" RCP, Line C 127.2 4 11,4 108,7 117,0 U.O 93 90 3 # 6/4/10 SD Station 11+70, 48" RCP, Line C 126.0 4 13.6 106.6 117.0 U.O 91 90 4 # 6/4/10 SD Station 12+00, 48" RCP, Line C 127,4 4 U.O 107.7 117.0 U.O 92 90 5 # 6/4/10 SD Station 12+50, 48" RCP, Line C 126,8 4 11.6 105.3 117.0 11,0 90 90 6 # 6/4/10 SD Station 12+90, 48" RCP, Line C 129.0 4 9.9 111,5 117.0 11.0 95 90 7 # 6/4/10 SD Station 14+00, 48" RCP, Line C 127.3 9 18,0 107.0 108.5 17.5 99 90 8 # 6/4/10 SD Station 14+50, 48" RCP, Line C 128,7 9 19.3 101.9 108.5 17,5 94 90 9 # 6/4/10 SD Station 15+00, 48" RCP, Line C 127.0 9 17.9 103.3 108.5 17.5 95 90 10 # 6/7/10 SD Station 13+40, 48" RCP, Line C 128.0 9 16,7 103,6 108.5 17.5 95 90 11 # 6/7/10 SD Station 13+10, 48" RCP, Lme C 128,6 4 11.2 105,9 117.0 11.0 91 90 12 # 6/7/10 SD Station 14+20, 48" RCP, Line C 130,0 9 17.5 105.6 108.5 17.5 97 90 13 # 6/7/10 SD Station 15+00, 48" RCP, Line C 131,3 9 17.1, 102.6 108.5 17.5 95 90 14 # 6/7/10 SD Station 15+50, 48" RCP, Line C 130,1 9 20.5 103,9 108,5 17,5 96 90 15 # 6/7/10 SD Station 15+70, 48" RCP, Line C 133,9 9 18.9 100,3 108,5 17,5 92 90 16 # 6/7/10 SD Station 16+20, 48" RCP, Line C 129,2 9 17.5 102.1 108,5 17,5 94 90 17 # 6/8/10 SD Station 16+65, 48" RCP, Line C 129,3 9 16.1 107,4 108.5 17.5 99 90 18 # 6/8/10 SD Station 16+50, 48" RCP, Line C 134.0 4 13.2 109.8 117.0 U.O 94 90 19 # 6/8/10 SD Station 17+00, 48" RCP, Line C 128.9 9 19.1 98,7 108.5 17.5 91 90 20 # 6/14/10 SD Station 18+56, 36" HDPE, Line C 14,9 4 12,4 107.6 117,0 U.O 92 90 21 # 6/14/10 SD Station 18+96, 36" HDPE, Line C 148.9 4 13,5 108.7 117,0 U.O 93 90 22 # 6/14/10 SD Station 19+60, 36" HDPE, Line C 147.0 4 12.9 104,5 117.0 U.O 89 90 Retest on 23# 23 # 6/14/10 SD Station 19+60, 36" HDPE, Line C 147.0 4 U.O 112,7 117,0 U.O 96 90 24 # 6/14/10 SD Station 20+30, 36" HDPE, Line C 147.0 4 12.8 113,3 117.0 U.O 97 90 25 # 6/14/10 SD Station 19+40, 36" HDPE, Line C 149.0 4 13,4 106,3 117,0 U.O 91 90 1046000O5 FDTs - rev.xls 1 of 5 TABLE 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: STORM DRAIN BACKFILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 26 # 6/14/10 SD Station 21+15, 36" HDPE, Line C 148.0 9 16.8 106.8 108.5 17.5 98 90 27 # 6/14/10 SD Station 21+90, 36" HDPE, Line C 148.0 9 17.1 101.9 108.5 17.5 94 90 28 # 6/14/10 SD Station 22+35, 36" HDPE, Line C 149.0 9 17,6 104.7 108.5 17.5 96 90 29 # 6/14/10 SD Station 22+90, 36" HDPE, Line C 148.5 9 18.1 103.0 108.5 17.5 95 90 30 # 6/15/10 SD Station 23+25, 30" HDPE 148,5 9 17.2 104.3 108.5 17.5 96 90 31 # 6/15/10 SD Station 23+95, 30" HDPE 149.0 9 17.1 104.8 108,5 17.5 97 90 32 # 6/15/10 SD Station 24+85, 24" HDPE 149.0 9 17.0 100.5 108,5 17,5 93 90 33 # 6/15/10 SD Station 25+10, 24" HDPE 152,0 9 17.6 100.0 108.5 17.5 92 90 34 # 6/17/10 SD Station 23+00, 30" HDPE 149,0 9 16.5 87.6 108.5 17.5 81 90 Retest on 95# 35 # 6/28/10 SD Station 30+15, 24" HDPE, Line C7 147,8 17 14.6 109,8 115.5 13,0 95 90 36 # 6/28/10 SD Station 30+60, 24" HDPE, Line C7 150.0 17 9,3 106.5 115.5 13,0 92 90 37 # 6/28/10 SD Station 31+00, 24" HDPE, Line C7 149,1 9 15.9 97.3 108.5 17,5 90 90 38 # 6/28/10 SD Station 31+50, 24" HDPE, Line C7 147.8 9 15.2 97.7 108.5 17,5 90 90 39 # 6/29/10 SD Station 31+65, 24" HDPE, Line C7 152.3 4 8,0 107.2 117.0 11,0 92 90 40 # 6/29/10 SD Station 31+80, 24" HDPE, Line C7 164.5 9 15.3 102.7 108.5 17,5 95 90 41 # 6/30/10 SD Station 12+80, 48" RCP, Line A 112,5 9 15.0 97.5 108.5 17.5 90 90 42 # 6/30/10 SD Station 12+50, 48" RCP, Line A 114,3 9 17.1 104.7 108.5 17,5 96 90 43 # 6/30/10 SD Station 12+60, 48" RCP, Line A 116.2 17 14.3 105.0 115.5 13,0 91 90 44 # 6/30/10 SD Station 11+90, 48" RCP, Line A 112.1 17 13.7 107.1 115.5 13,0 93 90 45 # 6/30/10 SD Station 11+50, 48" RCP, Line A 113.0 17 13.1 112.7 115.5 13.0 98 90 46 # 6/30/10 SD Station 12+00, 48" RCP, Line A 115.2 17 12,9 105.7 115.5 13,0 91 90 47 # 7/1/10 SD Station 10+10, 48" RCP, Line C 121.4 17 12,3 104.5 115.5 13,0 91 90 48 # 7/1/10 SD Station 20+30, 12" HDPE 128.0 17 12,2 109.2 115.5 13,0 95 90 49 # 7/1/10 SD Station 11+30, 48" RCP, Line A 114.6 17 15,9 108.0 115,5 13.0 94 90 50 # 7/1/10 SD Station 11+00, 48" RCP, Line A 112,3 17 12,6 104.0 115.5 13,0 90 90 104600005 FDTs - rev.xls 2 of 5 TABLE 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: STORM DRAIN BACKFILL Field Laboratory Specified Relative Compaction (%) Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 51 # 7/1/10 SD Station 20+10, 18" HDPE, Line C2 125.0 17 13.4 104.1 115,5 13.0 90 90 52 # 7/1/10 SD Station 20+40, 18" HDPE, Line C2 128.2 17 13,5 103,4 115,5 13,0 90 90 53 # 7/1/10 SD Station 10+50, 48" RCP, Line A 112,8 17 13,0 109.0 115.5 13,0 94 90 54 # 7/1/10 SD Station 10+80, 48" RCP, Line A 114,6 17 13.0 115.0 115,5 13,0 100 90 55 # 7/1/10 SD Station 20+60, 18" HDPE, Line C2 129.5 9 18,5 104.4 108,5 17,5 96 90 56 # 7/1/10 SD Station 20+55, 18" HDPE, Line C6 165.8 17 11.4 106.9 115.5 13,0 93 90 57 # 7/2/10 SD Station 21+25, 18" HDPE, Line C2 147.8 9 19.9 93,2 108.5 17.5 86 90 Retest on 58# 58 # 7/2/10 SD Station 21+25, 18" HDPE, Line C2 147.8 9 19.5 99.7 108,5 17.5 92 90 59 # 7/2/10 SD Station 20+90, 18" HDPE, Line C2 134,0 9 18.1 93.9 108.5 17.5 87 90 Retest on 60# 60 # 7/2/10 SD Station 20+90, 18" HDPE, Line C2 134,0 9 17.9 98.6 108.5 17.5 91 90 61 # 7/2/10 SD Station 20+05, 18" HDPE, Line C6 145,3 17 11.9 109.7 115.5 13.0 95 90 62 # 7/2/10 SD Station 20+30, 18" HDPE, Line C6 157.2 17 11.4 105.6 115,5 13.0 91 90 63 # 7/2/10 SD Station 30+50, 18" HDPE, Line C8 168.7 17 13.9 107.7 115.5 13,0 93 90 64 # 7/2/10 SD Station 30+30, 18" HDPE, Line C8 161.1 17 12,0 103.7 115,5 13,0 90 90 65 # 7/7/10 SD Station 18+05, 36" HDPE 136.0 17 13,6 112.7 115,5 13,0 98 90 66 # 7/7/10 SD Station 17+80, 36" HDPE 130.0 9 16,6 100,0 108,5 17.5 92 90 67 # 7/7/10 SD Station 17+80, 36" HDPE 132,5 17 13,5 112,3 115,5 13.0 97 90 68 # 7/7/10 SD Station 20+00, 18" HDPE 133.0 17 14.1 113,4 115,5 13.0 98 90 69 # 7/7/10 SD Station 20+30, 18" HDPE 142.0 17 13.9 110,6 115,5 13.0 96 90 70 # 7/7/10 SD Station 20+60, 18" HDPE 155.0 17 15.4 109,8 115,5 13.0 95 90 71 # 7/7/10 SD Station 10+54, Line K-1, F-Box 163.0 6 16.0 106,3 115,5 12,0 92 90 72 # 7/7/10 SD Station 10+54, Line K-1, F-Box 166.0 6 15.2 108.7 115,5 12.0 94 90 73 # 7/8/10 SD Station 10+28, Line K-1, Catch Basin 158,0 6 11.5 99.6 115,5 12.0 86 90 Retest on 75# 74 # 7/8/10 SD Station 10+28, Line K-1, Catch Basin 157,0 9 12.6 101,6 108.5 17.5 94 90 75 # 7/8/10 SD Station 10+28, Line K-1, Catch Basin 158.0 6 9.8 105,9 115.5 12,0 92 90 04600005 FDT s - rev.xls 3 of 5 TABLE 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: STORM DRAIN BACKFILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 76 # 7/8/10 SD Station 25+75, Line K 159.0 9 10.5 98.6 108,5 17.5 91 90 77 # 7/8/10 SD Station 26+50, Line K 162.0 9 12.0 98,1 108,5 17.5 90 90 78 # 7/8/10 SD Station 27+17, Line K, F-Box 171,0 9 12.3 100,6 108,5 17.5 93 90 79 # 7/8/10 SD Station 27+50, Line K 176,0 9 11.6 102.6 108,5 17.5 95 90 80 # 7/9/10 SD Station 27+05, Line K 168.0 9 12.7 97.4 108.5 17.5 90 90 81 # 7/9/10 SD Station 27+87, Line K, Catch Basin 160.0 4 14,6 108,2 117.0 U.O 92 90 82 # 7/9/10 SD Station 19+00, Line A-2, Catch Basin 107.0 17 14.1 97.0 115.5 13.0 84 90 Retest on 84# 83 # 7/9/10 SD Station 19+00, Line A-2, Catch Basin 107,0 17 14.9 101,2 115,5 13.0 88 90 Retest on 85# 84 # 7/9/10 SD Station 19+00, Line A-2, Catch Basin 107,0 17 13.3 104.0 115.5 13.0 90 90 85 # 7/9/10 SD Station 19+00, Line A-2, Catch Basin 107.0 17 14,5 107.1 115.5 13.0 93 90 86 # 7/9/10 SD Station 19+00, Line A-2, Catch Basin 109.0 17 13.8 105.3 115.5 13.0 91 90 87 # 7/16/10 SD Station 24 + 50, Line K 155.0 6 12.0 98.5 115.5 12.0 85 90 Retest on 89# 88 # 7/16/10 SD Station 23 + 44, Line K 152.0 9 15,0 102.4 108.5 17.5 94 90 89 # 7/16/10 SD Station 24 + 50, Line K 155.0 6 11,1 110.4 115.5 12.0 96 90 90 # 7/16/10 SD Station 24 + 95, Line K 156.5 6 7.9 95.6 U5.5 12.0 83 90 Retest on 94# 91 # 7/16/10 SD Station 23 + 00, Line K 150.0 10 12,3 113.4 120.0 13.0 94 90 92 # 7/20/10 SD Station 10+10, Line I 140.0 4 10,7 110.2 117.0 11.0 94 90 93 # 7/20/10 SD Station 10+45, Line I 138.0 4 15.7 106.6 117.0 U.O 91 90 94 # 7/23/10 SD Station 24+95, Line K 1570 6 13.0 105,7 115,5 12.0 91 90 95 # 7/26/10 SD Station 23+00, 30", Line C 149.0 9 15.0 104,1 108,5 17.5 96 90 96 # 7/26/10 SD Station 25+50, 24", Line C 148.0 6 12.7 107,7 115,5 12.0 93 90 97 # 7/26/10 SD Station 25+33, 24", Line C 150.0 6 14.6 104,5 115,5 12.0 90 90 98 # 7/26/10 SD Station 25+79, 24", Line C 150.0 6 13.1 110,1 115,5 12.0 95 90 99 # 7/27/10 SD Station 10+10, 2x4' RCB, Line F 122.0 6 9.3 109.2 115,5 12.0 95 90 100 # 7/27/10 SD Station 10+50, 2x4' RCB, Line F 122.0 7 10.0 113,3 120,5 11.5 94 90 104600005 FDTs - rev.xls 4 of 5 TABLE 7 SUMMARY OF FIELD DENSITY TESTS PROJECT NO. 104600005 TEST OF: STORM DRAIN BACKFILL Test No. Date Test of Test Location Elevation (ft) Soil Type No. Field Laboratory Relative Compaction (%) Specified Relative Compaction (%) Remarks Test No. Date Test of Test Location Elevation (ft) Soil Type No. Moisture Content (%) Dry Density (pcf) Proctor Density (pcf) Optimum Moisture Content (%) Relative Compaction (%) Specified Relative Compaction (%) Remarks 101 # 7/27/10 SD Station 22+35, 36", Line K 149.0 10 14.0 115.5 120,0 13,0 96 90 102 # 7/28/10 SD Station 22+10, 36", Line K 150.0 10 11.7 116.9 120,0 13,0 97 90 103 # 7/28/10 SD Station 21+90, 36", Line K 148.0 10 12.1 109,5 120,0 13.0 91 90 104 # 9/9/10 SD Outlet, South of Basin D 118,0 7 8.7 117,5 120,5 11.5 97 90 Notes: Test No.: (#) - Nuclear Gauge Test Method; (*) - Sand Cone Test Method; (+) - 12-inch Sand Cone Method; (^) - Drive-Cylinder Method Test of SD - Storm Drain Trench Backfill 104600005 FDTs-rev.xls 5 of 5 J-'lnVco Ar\ Alga Norte Community Park LAKLbDAU Contract No. 3837A Construction Management Plan Guideline Table of Contents Project Description 1. Project Management Plans a. Project Organization b. Communication Plan c. Roles and Responsibilities Matrix d. Progress Meetings e. Subcontractor Selection Process f. Document Management g. As-builts, Commissioning, and Project Close-out h. Community Outreach 2. Safety Management a. Public Safety and Site Security Plan b. Project Safety Plan c. Earthquake Preparedness Plan 3. Environmental and Sustainability Plans a. Air & Dust Management Plan b. Noise Pollution Prevention Pan c. Tree Protection Plan d. Sustainable Construction Practices Plan e. Storm Water Management Plan 4. Quality Management Plan a. QA/QC Plan 5. Time Management Plan a. Schedule Control Procedures 6. Cost Management Plan 7. Site Management Plan a. Traffic Management Plan b. Site Logistics Pian c. Utility Coordination d. Project Signage 8. Building Information Modeling (BIM) Plan 9. Project Close-out Plan 1-31-12 r^AUVcn Ar^ Alga Norte Community Park ''^ LAKLbDAU Contract No. 3837A 1. Project Management Plan a. Project Organization i. Provide an organization chart including reporting responsibilities b. Communication i. Create and maintain a project Directory showing the names and contact information of all members of the project team and first tier subcontractors and suppliers ii. Create an Emergency Communication Plan iii. Provide contact information for key employees that can be contacted after hours iv. Rotate key members of the construction team that will be "On Call" and will be available to travel to the site if needed V. Reporting Procedures 1. Progress Reports - Report on Project Progress - define measures that define the project's progress and issues. Define frequency and delivery method, define who sees c. Roles and Responsibilities i. Provide a roles and responsibilities matrix defining the primary and secondary roles for the project. d. Progress Meetings i. Define the approach and frequency of Progress Meetings with the City. Develop methods to track deliverables and action items that occur during the meetings (meeting minutes, etc.). e. Subcontractor Selection Process i. Provide a plan on selecting subcontractors that allows for a "Best Value" selection that takes the Subcontractor's qualifications into consideration. f. Document Management Plan i. Provide a Document Management Plan that can be shared by the City via the internet. g. As-builts, Commissioning and Project Close-out i. Develop a matrix of all the tasks, warranties, special inspections, special warranties, testing, inspections, attic stock and training for each specification section. ii. Provide as-builts on PDF and AutoCAD formats, per the General Conditions. iii. Cooperate with City's Commissioning Agent on access to the work and any reports from subcontractors. h. Community Outreach 1-31-12 '^S ^ A i^i'or. A r-v Alga Norte Community Park ^ CARLSBAD contract NO.3837A \. Provide a plan on how the project will be shared with the local community. Town Hall type meetings with various stakeholders, etc. ii. Attend meetings coordinated by the City to meet with local business members that have certain trades or business that can participate in the project. Without increasing the cost of the project, local businesses are preferred by the City to be utilized as appropriate. 2. Safety Management Plan a. Public Safety and Site Security i. Define a plan to keep the general public off the site ii. Define badging system or other method to ensure site visitors are authorized to be on the site iii. Define and mitigate any "attractive nuisances" iv. Prepare a visitor waiver of claim for all persons who walk onto the site V. Maintain a visitor log for all visitors vi. Publish standards for safety for all visitors including appropriate attire, shoes and eye protection vii. Prepare a plan for off hour security 1. Video surveillance 2. Security personnel on site after hours viii. Define hours of operations and noise limitations b. Project Safety i. Provide copies of the company's Safety Program for all key members of the project team ii. Conduct orientation training for all new employees or contractors working on ' this project iii. Collect signed agreements from all workers on the site that they have been given an orientation regarding the project's safety procedures and that they understand the safety rules for the project iv. Conduct periodic safety meetings on site with all subcontractors V. Comply with all requirements of the Safety Plan vi. Develop a "hot" work permit for all activities that involve flame c. Earthquake Preparedness i. Provide a plan that demonstrates how the project will be prepared for an earthquake ii. Include furniture bracing for office trailers iii. Evacuation plan iv. Materials stored for the specific purpose of an earthquake event 3. Environment & Sustainability Plan a. Air & Dust Management i. Provide a plan on how the project will mitigate airborne dust. 1-31-12 ^4 r^Ani^cD Ar>k Alga Norte Community Park CAKLbbAU Contract No. 3837A ii. Ensure project complies with all applicable air and dust regulations. b. Storm Water Management Plan i. Secure and maintain a Construction General Permit per the requirements of the California State Regional Water Quality Control Board. ii. Assign a LRP for the project. iii. Provide a certified QSD (Qualified SWPPP Developer) to either develop or oversee the development of the Storm Water Pollution Prevention Plan SWPPP for the project. iv. Provide a certified QSD (Qualified SWPPP Developer) to either develop or oversee the development ofthe Storm Water Pollution Prevention Plan SWPPP for the project. V. Develop an Annual Report per the State of California Regional Water Quality Control Board requirements for approval and submittal by September 1 of every year the project is active. vi. During construction, maintain all required BMPs and/or site improvements built per the approved plan. vii. Ensure all TCBMPs (i.e., post construction BMPs), as described in the SWMP, are installed and a maintained by the City of Carlsbad. c. Noise Pollution Management Plan i. Define hours of operation and how it compares to City Ordinances ii. Contractor shall Develop aiid maintain a noise-abatement program and enforce strict discipline over all personnel to keep noise to a minimum. iii. Execute construction work by methods and by use of equipment that will reduce noise and which will provide minimum interference with neighborhood activities. d. Define a procedure for blasting (if applicable). Provide certifications of key persons handling explosivesTree Protection Plan i. Define a plan on how all trees planned to remain on the site will be protected and watered. e. Sustainable Construction Practices i. The City's intention is to encourage sustainable practices during the construction process without increasing the cost of construction. The Contractor is encouraged to participate in this voluntary program. The contractor shall submit their goals for the following practices and will be responsible for measuring their success. There is no penalty for failing to meet these goals. 1. Provide a plan on purchasing materials from regional sources within 500 miles ofthe site 1-31-12 •^S ^ A f 'r- n. A Alga Norte Community Park ^ CARLSBAD contract NO. 3837A a. Present a goal for procuring regional material as a percentage ofthe total material procured forthe project b. Track the actual procurement of materials that are regionally provided as compared to the total material procured for the project. 2. Provide a plan for waste and material re-use a. Present a goal for waste material diversion from the landfill as a percentage of the total waste for the project. b. Track the actual waste diverted as compared to the total waste produced by this project. c. Present a plan for handling hazardous waste removal, spill prevention/mitigation, and battery disposal. d. Define standard practices for debris removal at the site. 3. Provide a plan to ensure the indoor air quality for the project is protected 4. Provide a plan on purchasing products with recycled content a. Present a goal for procuring recycled content materials as a percentage of the total materials purchased for the project. b. Track the actual value of the recycled content as compared to all products purchased for the project. 4. Quality Assurance/Quality Control a. QA/QC Plan i. Provide a detailed program to ensure the project's quality is protected and maintained. ii. Define the testing of the project's quality. iii. Define the remedy plans for quality that is determined to be inadequate. iv. Define the mock-up plans for any work that is required to have a mock-up provided. V. 2 weeks before starting a new trade, conduct a field pre-construction meeting to verify the subcontractor has the up to date plans, aware of changes, submittal approval status and provides an opportunity to resolve conflicts before the subcontractor is mobilized onsite reducing delays. vi. Cooperate with the Commissioning Agent (Owner's Representative) vii. Testing and Balancing the HVAC system will be by the Owner. 5. Time Management Plan a. Schedule Control Procedures i. Provide a detailed schedule for the project 1-31-12 CITY OF L,AKLODAU Contract NO. 3837A Alga Norte Community Park 1. The General Contractor shall use the Last Planner® (or equal) System of production control for scheduling and planning delivery ofthe project. All ofthe following must be part ofthat system: 2. The Last Planner® (or equal) is a production planning system designed to produce predictable work flow and rapid learning 3. The project team will: a. validate the required CPM schedule with a Milestone schedule developed collaboratively with the City, Construction Manager, and other stakeholders; b. develop appropriate milestones that take those chunks of work that ought to be done and break them into phases; and c. engage in a highly collaborative system of planning the work in those phases with the people who manage the day-to-day assignment of work for that phase (designing the production system). 4. The production plan for each phase must be created using the "pull" technique, starting from the milestone on the right, and working to start ofthe phase toward the left. 5. The project team will also: a. use a process for look ahead planning (usually 6 weeks) that identifies everything that needs to be in place so that assignments can be made and work can be done as planned; b. use a constraints identification system to ensure quality discussions of "making work ready" and indicates that individuals have made commitments to remove constraints for tasks in future weeks 5 or 6 or beyond; and c. engage in collaborative weekly work planning that determines the tasks that will be done in the following week. 6. Tasks that are completed in the assigned week are measured, averaged each week and represented publicly in a percent plan complete (PPC) trend chart format. 7. Tasks that are not completed are investigated for reasons they were not complete so that we can analyze whether the failure was one-off like weather or sickness on the job or systemic like continual failures of material to be delivered on time. 8. The goals are: a. to have planning reliability substantially in excess of the industry average PPC of 54%; and b. to insure that the PPC measurement is on an upward improving trend. 1-31-12 ^'^l^^^r-n A ^'9^ Nortc Community Park ^ CARLSBAD contract NO. 3837A 9. Regular assessments of the team's use of the Last Planner® are to be made to ensure continued improvement of behaviors, process, discipline, tools. 6. Cost Management Plan a. Define the project's cost control procedures b. Define a Risk Mitigation Plan for the project. Define the specific risks the project may be challenged by and a detailed plan on how to mitigate that risk. c. Define the Contractor Controlled Contingency and a plan on how this can be re- allocated to fund scope increases (Phased Reduction of unused Contractor Controlled Contingency) d. Define the Change Order process including notification requirements e. Define a payment process for progress payments. Include a plan for waiver of lien requirements for subcontractors. 7. Site Management Plan a. Traffic Management Plan i. Provide a plan for traffic that shows approved travel routes to the site 1. This plan should limit or restrict traffic through residential areas 2. Apply for and obtain a permit from the City Engineer for any proposed haul routes. ii. Provide a plan for traffic management for all work that must be completed in the public streets. 1. This plan includes all signage, traffic signals, and police requirements b. Provide a plan for street closures (full and partial) including coordination with the Police Department and Transportation Departments from the City .Site Logistics Plan i. Provide a plan that shows the office trailers, lay-down areas, staging, storage, and worker parking areas. ii. Show how the logistics plan changes, if it needs to change, during the course of the project's duration. c. Utility Coordination Plan i. Provide a plan on the process for coordination of the various utility agencies required forthe project, including meeting attendance, submittals, and permits required to allow the placement of the utilities to the project. d. Project Signage i. Prepare a project information sign per the project's specifications ii. Provide banners and signage for the ground breaking ceremony iii. Banner signs or other signs promoting the General Contractor or their subcontractors are not permitted. 8. Building Information Modeling (BIM) Plan 1-31-12 5% r^AniCD Ar\ ^^9^ Norte Community Park ''^ CAKLbBAU Contract No. 3837A a. Describe how BIM will be utilized for the project i. Define protocol for design input of team members and who is ultimately accountable for the Model. b. Define utilization of Computerized Maintenance Management System (CMMS) to assist in the maintenance of the project 9. Project Close-out Plan a. Complete the attached matrix showing all of the special inspections, warrantees, training, and all attic stock required for each specification section. b. Per the contract. Final Completion is tied to Substantial Completion. Final Completion must occur 60 days after Substantial Completion. The Liquidated Damages for a delay in Substantial Completion (which is defined as 60 days before Final Completion) shall be in effect if the Final Completion does not occur within 60 days of Substantial Completion c. Provide an electronic version of the Owner's Manual that contains all of the shop drawing information, operating manuals, warranties, and contact information (authorized repairmen) for each component ofthe project. d. Provide as-built information to the Architect of Record for producing the Record Drawings for the project, as per the General Conditions. 1-31-12 ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA e SD MANHOLE C HEADWALL a CATCH BASIN MASSON ^/ ALGA NORTE COMMUNITY PARK GRADING AS-BUILT 10F1 i. ASIOCtATEI. !NC. ^ PLANNING COMMISSION RESOLUTION NO. 6040 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE 4 CONSTRUCTION AND OPERATION OF A COMMUNITY PARK ON A VACANT SITE LOCATED WITHIN THE VILLAGES OF LA COSTA MASTER PLAN AT THE 6 NORTHWEST CORNER OF POINSETTIA LANE AND ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT 7 ZONE 10. CASE NAME: ALGA NORTE COMMUNITY PARK CASE NO.: CUP 04-08 5 8 9 10 11 12 20 21 22 25 26 27 28 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lot 5 of Carlsbad Tract No. 99-03 - La Costa Greens, according to Map No. 14543, filed in the Office of the County 13 Recorder of the County of San Diego on February 12, 2003, in the City of Carlsbad, County of San Diego, State of Califomia 14 ("the Property"); and lg WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "AA" dated March 1, 2006, on file in the Planning Department, ALGA NORTE COMMUNITY PARK - CUP 04-08, as provided by Chapter 19 21.42 and/or 21.50 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of March 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ^ B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES ALGA NORTE COMMUNITY PARK - CUP 04-08, based on the following findings and subject to the following conditions: 8 15 Findings; That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and 6 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that community parks are an allowed use within the Open 7 Space land use designation, the public park provides recreational opportunities for the surrounding residential uses and assists in meeting the Growth Management standard for the southeast quadrant, all structures are designed in accordance with 9 seismic safety requirements, and the project provides a safe, adequate and attractively landscaped parking area. 10 2. That the site for the intended use is adequate in size and shape to accommodate the use, in ^ ^ that all of the proposed park features and amenities can fit within the existing site 12 without the need for encroachment into the adjacent natural open space areas or variances to setback requirements of the Villages of La Costa Master Plan. 13 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to 14 adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all required structural and parking lot setbacks are being met, no retaining walls over six feet in height are proposed, compatible 15 landscaping is provided adjacent to the native open space, landscaping for the softening of public views of the park buildings and parking area is provided along 17 Alicante Road, and all lighting is shielded and directed downward to avoid spillage into surrounding areas. 18 ^ j9 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site is served by Alicante Road (collector) 20 and Poinsettia Avenue (arterial) and, according to the project-specific traffic report, dated July 23, 2004, these roadways are designed to adequately accommodate the ^1 3,150 average daily trips (ADT) generated by the community park through buildout 22 of the General Plan. 23 5. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in 24 the staff report dated March 1,2006 including, but not limited to the following: 25 The community park would provide recreation facilities for the residents of the 25 Villages of La Costa Master Plan and surrounding area; 27 Public parks are an allowed use within the Open Space designation; 28 PC RESO NO. 6040 -2- The proposed parking area meets all intemal circulation standards, provides more 2 parking spaces than required, and is landscaped with trees, shmbs, and groundcover; 3 The proposed park acreage assists in meeting the Growth Management 4 performance standard for parks in the Southeast Quadrant; ^ All new stmctures must confonn to the seismic standards and all other applicable 6 State building standards; 7 The proposed park includes both active and passive recreational opportunities, including passive water-related areas. 8 9 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and 10 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 11 and treatment; water; drainage; circulation; fire; schools; parks and other recreational J2 facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 13 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 14 Code Section 14.28.020 and Landscape Manual Section IB). 16 15 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the IJ degree of the exaction is in rough proportionality to the impact caused by the project. IS Conditions: 19 Note: Unless otiierwise specified herein, all conditions shall be satisfied prior to grading or building permit, whichever occurs first. 21 1. If any of the following conditions fail to occur; or if they are, by their terras, to be implemented and maintained over time, if any of such conditions fail to be so 22 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 2^ future building pennits; deny, revoke or further condition all certificates of occupancy 24 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 25 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 26 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Pennit documents, as necessary to make them 2g intemally consistent and in confonnity with the final action on the project. Development PC RESO NO. 6040 -3- ^ shall occur substantially as shown on the approved Exhibits. Any proposed development 2 different fi-om this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 5 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 5 challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid 7 unless the City Council determines that the project without the condition complies with g all requirements of law. 9 5. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 10 6. Prior to the issuance of a building permit, the Developer shall provide proof to the 11 Director from the School District that this project has satisfied its obligation to provide 12 school facilities. 13 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 10 Local Facilities Management Plan and any amendments made to 14 that Plan prior to the issuance of building permits. 8. Building permits will not be issued for this project unless the local agency providing 15 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 17 time of the application for the building pennit, and that water and sewer capacity and facilities Avill continue to be available tmtil the time of occupancy. 18 29 9. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a 20 substantial negative effect on surrounding properties or the public health and welfare. If the Planmng Director determines that the use has such substantial negative effects, the 21 Planning Director shall recommend that the Planning Commission, after providing the 22 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 23 10. The applicant for any proposed large event within the park, including but not 24 limited to swimming meets and baseball tournaments, shall submit an overflow parking plan as part of the park reservation application process indicating how any potential additional parking demand will be met. This plan shall be reviewed and 25 approved by the Recreation Director prior to granting approval of the park usage for said event. 27 " 28 25 PC RESO NO. 6040 -4- Engineering: 11. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project. Developer or his Contractor shall apply for and obtain approval from the City Engineer for the proposed haul route. ^ 12. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall place the following 6 statement on the grading and landscaping plans for this project. 7 Tvpel ^ "No structure, fence, wall, tree, shrub, or other object over 30-inches above the street 9 level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street Design Criteria, Section 10 8.B.3. The underlying property owner shall maintain this condition." 11 Type II 12 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted 13 on the subject property within the Caltrans comer sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established in 14 accordance with City Standard Public Street Design Criteria, Section 8.B. 1. The sight line J ^ is depicted on the Site Plan." 25 The limits of these sight distance corridors shall be reflected on any improvement plan, grading plan, or landscaping plan prepared in association with this development. 17 13. Prior to the issuance of a grading permit or building permit, whichever occurs first, 1^ Developer shall submit to the City Engineer proof that a Notice of Intention for the start J g of work has been submitted to the State Water Resources Control Board. 20 14. Upon completion of grading. Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading 21 operation, all geologic conective measures as actually constructed and must be based on a contour map, which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" 23 X 36" mylar suitable for a permanent record. 24 15. Developer shall construct tiie following improvements including but not limited to: Public improvements shown on tiie Site Plan (Sheets Cl.l, C1.2, and C1.3), paving, base, signing & striping, sidewalks, curbs and gutters, medians, driveway entrances, grading, 2g clearing and gmbbing, sewer, water, recycled water, fire hydrants, street lights, water quality treatment devices to City Standards to the satisfaction of the City Engineer. 27 A. Remove interfering portions of existing curb and gutter at proposed driveway entrances on Alicante Road. 28 PC RESO NO. 6040 -5- 22 15 B. Extend portion of paving, curb, gutter and sidewalk in accordance with City Standards along west side of Alicante Road for the proposed driveway entrances. C. Extend pipelines for water, sewer and recycled water pipelines from Alicante Road by removing and replacing interfering portions of the existing pavement and curb and gutter. All cuts to existing pavement shall be saw cut neat. 16. Prior to the issuance of a grading permit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with cunent requirements and provisions established by the Regional Water Quality Control Board, San Diego Region and City of Carlsbad requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during constmction of the project. At a minimum, tfie SWPPP shall: 10 a. include all content as established by the Regional Water Quality Control Board, San Diego Region requirements; 11 b. include the receipt of "Notice of Intent" issued by the State Water Resources 22 Control Board; c. recommend source control and treatment control Best Management Practices 13 (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from the storm water to the maximum extent practicable before 14 discharging to City right-of-way or a natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper 2 5 procedures for handling clean up and disposal of pollutants. 17 17. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 1^ The SWMP shall demonstrate compliance with City of Carlsbad Standard Urban Water 29 Mitigation Plan (SUSMP), Order 2001-01 issued by the Regional Water Quality Control Board, San Diego Region, and the City of Carlsbad's Municipal Code. The SWMP shall 20 address measures to avoid contact or filter said pollutants fi'om storm water, to the maximum extent practicable for the post-constmction stage of the project. At a minimum, 21 tiie SWMP shall: a. identify existing and post-development on-site poUutants-of-concem; b. identify the hydrologic unit this project contributes to and impaired water bodies 23 that could be impacted by this project; c. r«;ommend source controls and treatment controls that will be implemented with 24 this project to avoid contact or filter said pollutants fi'om storm water to the maximum extent practicable before discharging to City right-of-way; 25 d. establish specific procedures for handling spills and routine clean-up. Special 2g considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; 27 e. ensure long-term maintenance of all post constmction BMPs in perpetuity; and f. identify how post development runoff rates and velocities from the site will not 28 exceed the pre-development runoff rates and velocities to the maximum extent practicable. PC RESO NO. 6040 -6- 22 1 18. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 2 Marshall to determii^ if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 3 considered public improvements and shall be served by public water mains owned and ^ operated by the Carlsbad Municipal Water District. ^ 19. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities owned and operated by the Carlsbad Municipal Water 6 District. Developer shall pay the San Diego County Water Authority capacity charges prior to issuance of Building Permits. 7 8 15 17 18 20. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall 9 accompany the landscape improvement plans and grading plans for reference. 10 21. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. The recycled water shall be obtained from the existing 8-inch diameter pipeline in 11 Alicante Road. Said plans shall be submitted to the District Engineer and the County 22 Department of Environmental Heath for review and approval. 13 22. The Developer shall design and install potable water and recycled water facilities, services and meters at a location approved by the District Engineer. The locations of said 14 facilities shall be reflected on the improvement plans. All facilities including water meters shall be within public right-of way or a minimum 20-foot wide easement granted to the Carlsbad Municipal Water District. All easements for water and recycled water 25 facilities shall be shown on the improvement plans and shall indicate easement is granted to the Carlsbad Municipal Water District. 23. The Developer shall design and constmct public water, sewer, and recycled water facilities substantially as shown on the Site Plan (Sheets Cl.l, C1.2, and C1.3) to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 20 24. This project is approved upon the express condition that building permits will not be 21 issued for the development of tiie subject property unless the District Engineer has 22 determined that adequate water and sewer facilities are available at the time of occupancy. 23 25. The Developer shall employ adequate measures, approved by the District Engineer 24 of the Vallecitos Water District, to protect in place the existing 24-inch diameter sewer forcemain and 12-inch diameter recycied water outfall, which are owned and 25 operated by the Vallecitos Water District. No stmctures shall be constracted within 2^ the existing easements uncluding light poles, catch basins or storm drain pipes. Storm drain pip^ are allowed to cross the easement provided adequate clearance 27 between existing and proposed pipelines is at least 12-inches clear in the verticaL In addition, no trees or large bushes shall be planted within the easement. The District 28 Engineer for the Vallecitos Water District shall approve the placement of additional PC RESO NO. 6040 -7- 1 fill within the easement, and a letter shall be submitted by the District Engineer to 5 2 the City Engineer indicating their concurrence on the fill placement. 3 26. The Developer shall employ adequate measures approved by the City Engineer to protect in place the existing 12-inch diameter PVC sewer forcemain owned and 4 operated by the City of Carlsbad. No stmctures including catch basins, inlet stmctures, and light poles shall be constmcted within the existing easement. No trees or lai^e bushes shall be planted within the easement. No fills shall be placed 6 within the easement unless written assurance can be provided by a licensed civil engineer on the adequacy of the sewer forcemain pipe to sustain the earth loading 7 without settlement or remedial measures are submitted and approved by the City ^ Engineer. 9 Fire Department; 10 27. All buildings exceeding 10,000 square feet in area shall be equipped with automatic ^ ^ fire sprinklers. 22 28. All identified drive and park aisles within the park shall be constmcted so as to be capable of supporting fire apparatus. 13 29. All access roads within the park shall be a minimum of 20 feet wide and have an 14 overhead vertical clearance of at least 13.5 feet. 30. All pools to be enclosed by fencing and with occupant loads over 100 people shall 15 include gates equipped with panic hardware. 17 31. All paving areas providing access to the pools shall be designed to adequately ^ ^ accommodate access for medical aide. 29 Code Reminders; 20 32. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 21 permit issuance, except as otherwise specifically provided herein. 22 33. The project shall comply with the latest non-residential disabled access requirements 23 piu'stiant to Title 24 of tiie State Building Code. 24 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 25 25 35. Any signs proposed for this development shall at a minimum be designed in confonnance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall 27 require review and approval of the Planning Director prior to installation of such signs. 28 PC RESO NO. 6040 -8- 7 ^ NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively refened to for convenience as 4 "fees/exactions.' 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 1^ zoning, grading or other similar application processing or service fees in connection with this 2 2 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which tiie statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 1st day of March 2006 by the following vote, to wit: 15 16 „ AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, 1 ^ Dominguez, Heineman, and Whitton 18 19 20 21 22 23 MARTELL B. MONTBOMERYlPiairperson CARLSBAD PLANNING COMMISSION 25 26 27 28 NOES: ABSENT: Commissioner Segall ABSTAIN: ATTEST: DONNEU Assistant Planning Director PC RESO NO. 6040 -9- Alga Norte Community Park Project No. 38372 & 39251 INDEX OF City Standards 01 Irrigation Equipment Approval List Dated 03/08 02 Facilities Maintenance Design Standards Dated 11/1/2011 03 Engineering Standards Dated Varies by Section, as posted on the City's Public Website 04 CAD/BIM Standards Dated 10/21/2011 05 IT Standards Telcom Distribution System Specification Dated 10/1/2011 Data/Cable Communication System Specification Dated 10/1/2011 Date Page 1 of 1 Index of Proposal Documents IRRIGATION CITY OF CARLSBAD PARKS/TREES MAINTENANCE DEPARTMENT APPROVED IRRIGATION EQUIPMENT LIST Controller: Indoor: Calsense ET2000e-##-R-RRe-TPP-RB-G/w-RRe-Tran Stand Alone: Calsense ET2000e-##-R-RRe-SSE-R Backflow Preventer; Wye Strainer; Flow Meter: Ball Valve: Control Valve: Mater Valve: Quick-Couplers; Rotor Heads: Spray Heads Bubblers: Rain Sensor: P.V.C. Mainline: Lateral Line: PVC Sleeves: Communication Cable: 2" + Under: Wilkins 975 XL IVi'^^Over: Wilkins 375 2" + Under: Wilkins "S" Series 2 Y2" + Over: FSC Epoxy Coated Calsense FM (Sized Per Manufacturers Specs) Spears: Tru Union 2000 Threaded Parks: Weathermatic 8200 CR - (Potable) Hunter ICV w/filter sentry and reclaimed water I.D. (FSR) (Reclaimed) Roadsides and Medians: Weathermatic 8200 CR Parks: Same as control valves (normally closed) Roadside and Medians: Same as control valves (normally closed) Parks: Rainbird 44 LRC (Potable) 1" Nelson 7645 (Reclaimed) Roadsides and Medians: Nelson 7645 1" Hunter 1-20 Ultra (Stainless), and or 1-40's as needed. Parks: Rainbird 1800 Sam P.R.S. Roadsides and Medians: Rainbird 1812 Sam P.R.S. Parks: Rainbird 1400 Series Park Roadsides and Medians: Rainbird 1402 Roadside and Medians Calsense RB-1 Rain Bucket "Pacific Cal", "Water Wam", or equal 2 " Diameter and Smaller: SCH 40 2 'A" Diameter and Larger: Class 315 Class 200 PVC "Pacific Cal", "Water Wam", or Equal 2 Times the diameter of enclosed pipe in SCH. 40. Paige Cable P-7171-D Notes: The Parks Maintenance Department generally does not accept drip irrigation systems (design for conventional, but use micro sprays). Design all irrigation for future reclaimed water. All submittals for reclaimed water sites will be made to the Carlsbad Municipal Water District. The CMWD will forward the submittals to the San Diego County Health Department for approval. Verify phone line availability for central control capability. Revised 3/08 r^AnVcD Ar\ Alga Norte Community Park - CAKLbDAU Project No. 38372 & 39251 CITY OF CARLSBAD Facility Maintenance Division Design Standards HVAC Carrier products with Comfort Works EMS software Honeywell controls excepted Plumbing Sloan flush valves Chicago faucets American Standard toilets and urinals Floor drains in all restrooms and kitchens preferred Isolated shut off valves throughout Roofing City Standard specifications Tremco products and design Tremco Rep - Sten 1-858-531-5197 Sarnafil 60 mil CPVC is the preferred roofing material Hardware Schlage lock sets and hardware (Keying to be done by City contracted locksmith) Norton door closers Bobrick restroom dispensers liquid soap, pre fold towels, etc. Paint Frazee's best quality paints Prefer white shadow for white areas, no flat paints please, eggshell preferred Epoxy paint products for gym wall up eight feet Electrical Lighting T-8 spc 35-41-48" Ballasts - Advance products No U Tubes and limited Spot Light Cans Siemans products - panels, switch gears, etc. Generators- Global Power (contractor) UPS-CPT Elevators Kone Elevator (current contractor) Date Page 1 of 2 Request for Proposal A D1° CD A r» ^^9^ Norte Community Park CAKLbbAL^ Project No. 38372 & 39251 Teledata Consult with Info Tech. Gordon Peterson 760-602-2454 Security and Fire Proxy Card Readers preferred - check with PW Facilities Currently - Caps Security 760-744-4014 Simplex-Grinnel (sole source) Kevin Wunderly-858-633-9100 Wall Protection Koroguard products/chair rails/wall coverings No wallpaper preferred No ceramic tile base preferred where ceramic tile applies 5%-10% surplus supplies (tile, carpet, etc.) preferred FRP walls in custodial deep sink area Acoustics Armstrong ceiling tile Walls - JM Lynne flame retardant acoustical wallcoverings Floor coverings City Standards Mannington Vinyl Products Armstrong Vinyl Products Millikan Carpet Squares Blue Ridge Broad Loom No tile base where ceramic tile is used Non slick surfaces in any entry ways Energy savings All lighting Prefer no U Tubes No spot or can lighting (creates excess heat) Parking lot lighting split for after hour security lighting Dual glazed windows EMS for HVAC Miscellaneous Proiect Requests Three sets of As-builts Blank floor plan for emergency exit plan, etc. Two sets of Owners manuals Periodic project walk through during construction and final walk through by the Facilities Maintenance Divisio Date Page 2 of 2 Request for Proposal A n f cn A r\ ^^9^ Norte Community Park LAKLbDAU Project No. 38372 & 39251 City of Carlsbad Engineering Standards The Engineering Standards are published on the City's Website and can be located directly with this link: http://www.carlsbadca.gov/business/building/codes-standards/Pages/engineering-standards.aspx Date Page 1 of 1 Engineering Standards City OfCarlsbad Standards for the Digital Submittal of Maps and Plans 1.0 Introduction 2 2.0 Format of Data for Digital Submittal 2 3.0 Basis of Bearings and Coordinate Reference 3 4.0 Data Layering Requirements 3 Table 4.1 Final Maps, Parcel Maps 4 Table 4.2 Improvement Plans 5 Table 4.3 Grading Plans 7 5.0 Acceptable Media 9 6.0 File Naming Conventions 9 Appendix A lOifell DigitaISubmittalSTD.doc Page I Revised 011812 City of Carlsbad 3.0 Basis of Bearings and Coordinate Reference The basis of bearings and all coordinates of data submitted to the City must be in reference to the Califomia Coordinate System - 1983, Zone VI, 1991.35 Epoch, North American Datum of 1983 (NAD83) based on ties to the City ofCarlsbad Survey Control Network monuments as published on Record of Survey Map No. 17271, filed in the office of the San Diego County Recorder on February 8,2002. The coordinate ties in the digital submission must meet third order accuracy fi-om the control monuments to the project boundary. The project boundary will be located in the Califomia Coordinate System at a common tie point. All other coordinates and line work will be scaled to ground distances and be within 0.5 feet of the tme California Coordinate System values. For vertical control, the NGVD 29 datum is still in effect. NOTE: Use the "Xref AutoCAD command with "Carlsbad_NAD83R14.dwg" to verify project site location (insert point (0,0,0).) 4.0 Data Layering Requirements Final Maps, Parcel Maps - will consist of: • file(s) of the entire map submittal area; • layers description (digital file/ hard copy) Improvement Plans - will consist of: • file(s) of the entire plan submittal area; • layers description (digital file/ hard copy) Grading Plans - will consist of: • file(s) of the entire plan submittal area; • layers description (digital file/ hard copy) Note: The model space ofthe submitted drawings should contain the entire project (showing property lines, improvements, etc.) and it should not be divided into sheets (used for plotting purposes.) The City ofCarlsbad Standard layers are as described in Tables 4.1 (Fmal Maps, Parcel Maps), 4.2 (Improvement Plans), and 4.3 (Grading Plans). Digital submittals are to follow the City of Carlsbad layer format, or be accompanied by a digital file or hardcopy sheet describing layer names and symbol descriptions. DigitalSubinittalSTD.doc Page 3 Revised 011812 City of Carlsbad Table 4.2 Improvement Plans Layer Name Layer Contents ACCESS access covers (size, type, % grade) APN assessor parcel number text BASE north arrow, location map, etc. COORD coordinate values & tic marks COV cover sheet information CURB curbs, berms, sidewalks EASE public/private easement lines EXGRDIDX existing grade index contours & text EXTGRADE existing grade contours and text FINGRADE finished grade contours and text FINGRDIDX finish grade index contours & text FLOOD 100 year fiood lines and associated text FLOW swales, direction of flow FTPRINT footprints of buildings GRID grid & grid numerical values for street & utility profiles HATCH hatching & shading INOUT inlets/outlets IRRCOND irrigation conduit IRRCONTR irrigation controllers IRRPIPE irrigation pipe LANDSCPLT landscape planting LANDSCTXT landscape text LOTS lot lines, other property lines, and associated text MEDIAN medians MON monumentation markers and associated text PERCENT percentages POS procedure of survey text and associated text PUBELECOH public utilities - electrical: overhead PUBELECUG public utilities - electrical: underground PUBGAS public utilities - gas distribution PUBHYDR public utilities - fire hydrants PUBTELE public utilities - telephone boxes PUBTV public utilities - cable TV PUBWATER public utilities - water supply RAMP ramps RECWPROF reclaimed water profile ROW right-of-way easement lines SEWERSYS sewer main and associated text DigitalSubmittaiSTD.doc Revised 011812 Pages City ofCarlsbad Table 4.3 Grading Plans Layer Name Layer Contents ACCESS access covers (size, type, % grade) APN assessor parcel number text BASE north arrow, location map, etc. COORD coordinate values & tic marks COV cover sheet information CURB curbs, berms, sidewalks EASE public/private easement lines EXGRDIDX existing grade index contours & text EXTGRADE existing grade contours and text FINGRADE finished grade contours and text FINGRDIDX finish grade index contours & text FLOOD 100 year flood lines and text FLOW swales, direction of flow FTPRINT footprints of buildings HATCH hatching & shading INOUT inlets/outlets LANDSCPLT landscape planting LANDSCTXT landscape text LOTS lot lines, other property lines, and associated text MEDIAN medians PERCENT percentages POS procedure of survey text and associated text PUBGAS public utilities - gas distiibution PUBHYDR public utilities - fire hydrants PUBTELE public utilities - telephone boxes PUBWATER public utilities - water supply RAMP ramps ROW right-of-way easement lines and associated text SEWERSYS sewer main and associated text SPOTELEV spot elevations markers and text STCL street centeriine lines and associated text STORMDRN culvert and storm drain profiles and associated text STREAM streams STROW street right-of-way lines and associated text THALWEG watercourse thalwegs TREE trees (4" diameter or greater) TSIGNAL traffic signals DigitalSubmittalSTD.doc Revised 011812 Page? City OfCarlsbad 5.0 Acceptable Media The City will accept submissions of the required digital files on the following media: PC-formatted Compact Disk (CD) PC-formatted Digital Versatile Disk (DVD) The submitter will be responsible for archival of the digital data until final acceptance. If possible do not archive (compress) the files. Please include all the necessary files on your submittal disk (i.e. XREF-ed files, fonts). (The easiest way to accomplish this is by using the Pacii'n Go or E-Transmit feature fi-om AutoCAD). All media will be submitted with labels indicating the following information: Project Name/Number Date Company Contact Name/Telephone Number/Email File Names (see below for file naming conventions) 6.0 Fiie Naming Conventions The files will be named according to the plan name with the extension .DWG or .DXF for CAD-type files. Examples: Carlsbad Tract Map No. 98-93 CT9893.dwg Minor Subdivision 89-01 MS8901 .dwg Improvement Plan 360-3B I360-3B.dwg Grading Plan 360-3A G360-3A.dwg DigttaiSubmittalSTD.doc Page 9 Revised 011812 City OfCarlsbad Digital Files Submitted (refer to 6.0) • Carlsbad Tract Map • Minor Subdivision • Improvement Plan • Grading Plan • Other DigitalSubmittalSTD.doc Page 11 Revised 011812 City ofCarlsbad Digital Submittals FAQ Here are the answers to sonne Frequently Asked Questions regarding the Digital Submittal of Maps and Plans to the City of Carlsbad. When are Digital Submittals required? The tinning of digital submittals depends on the type of map or plan being submitted. The following list summarizes the submittal points for digital maps and plans. Final Tract Map (Final Map) - First submittal and Mylar submittal ofthe Final Tract Map (Final Map) Improvement Plans - First submittal and Mylar submittal of the Improvement Plan Grading Plan - First submittal and Mylar submittal of the Grading Plan What file format do I use? Digital files must be In either AutoCAD (dwg or dxf) format. The files must be on PC formatted media ofthe following types: CD or DVD. RIes should not be compressed. If possible. Files should not be submitted in Intergraph drawing file, or any graphic (BMP/JPG/TIFF/PDF/etc.) format. What about Layer Names? The Standard specifies layer names and the data to be contained on each layer. However, since most companies have their own Internal standards, the City will only require that the data specified for each layer be contained on one or more discrete layers, with a chart specifying which of the layers submitted correspond to the required layers. I use X-Refs. How do I deal with those? Include any files that are referenced by the drawings with the submittal. The easiest way to include all the files will be to use the "Pack' n Go" or "^E-Transmit" feature that comes with AutoCAD. Digital Submittals FAQ Revised 1/18/2012 City ofCarlsbad I do all my drafting by hand. Do I have to convert my files to a digital format? If you do not have the capability to submit the required digital files, call Alfred Romero at (760) 602-2769 (email alfred.romero@carlsbadca.gov) to discuss the issue. Do I need to format the drawings in any certain way? One of the primary issues has been the point of origin for the digital flies. The Standard requires that all maps and plans be submitted in Califomia Coordinate System (CCS) coordlnates-NAD83. This allows the files to be inserted into the GIS database in the correct location. If the drawings are not in CCS coordinates, they cannot be properly located on the City base map. How do I Icnow if my drawings are in CCS (NAD83)? To check if your drawings are in NAD83 you will need to "XREF" the ''Carlsbad_NAD83R14.dwg" (included with the City standard title sheet drawings available at the Engineering front counter) and use the Insertion point (0,0,0). If you have not found the answer to your question, please call Alfred Romero at (760) 602-2769 or email alfred.romero(acarlsbadca.aov for further Information. Digital Submittals FAQ Revised 1/18/2012 TECHNICAL SPECIFICATIONS SECTION - TELECOMMUNICATIONS DISTRIBUTION SYSTEM A. PART 1 GENERAL 1. SUMMARY Specification Note: Edit for project a. Section Includes: Equipment, materials, labor, and services to provide telephone and data distribution system including, but not limited to: 1) Raceway, boxes, and cable tray 2) Telephone and data cabling terminations 3) Optical fiber and terminations 4) Telecommunications outlets 5) Terminal bloGl<s/cross-connect systems 6) Equipment racks and cabinets 7) System testing 8) Documentation and submissions b. Provide all equipment, materials, labor, and services, not specifically mentioned or shown, which may be necessary to complete or perfect all parts of the installation. Ensure that they are in compliance with requirements stated or reasonably inferred by the contract documents. Specification Note: Edit for project. c. Work not included: 1) The following work will be done by others: (a) Off-site services. (b) Providing 120V wiring and outlets. (c) Providing data concentrators, hubs, servers, computers, and other active devices. XX Telecommunications Cablina Svstem Page 1/xx 10/1/2011 TECHNICAL SPECIFICATIONS 2) Painting will be done by the owner 2. REFERENCES Specification Note: Edit for project. Do not reference documents that are not applicable. Know what is in the documents you are referencing. a. Design, manufacture, test, and install telecommunications cabling networks per manufacturer's requirements and in accordance with NFPA-70 {National Electrical Code®), state codes, local codes, requirements of authorities having jurisdiction, and particularly the following standards: ANSI/NECA/BICSI-568 ~ Standard for Installing Commercial Building Telecommunications Cabling ANSI/TIA/EIA Standards 1) ANSI/TIA/EIA-568-B.1 ~ Commercial Building Telecommunications Cabling Standard, Part 1: General Requirements 2) ANSI/TIA/EIA-568-B.2 ~ Commercial Building Telecommunications Cabling Standard, Part 2: Balanced Twisted Pair Cabling Components 3) ANSI/TIA/EIA-568-B.3 ~ Optical Fiber Cabling Components Standard 4) ANSIAriA/EIA-569-A -- Commercial Building Standard for Telecommunications Pathways and Spaces 5) ANSI/TI/\/EIA-606(A) - The Administration Standard for the Telecommunications Infrastructure of Commercial Buildings 6) ANSI/TIA/EIA-607(A) ~ Commercial Building Grounding and Bonding Requirements for Telecommunications 7) ANSI/TIA/EIA-526-7 - Measurement of Optical Power Loss of Installed Single-Mode Fiber Cable Plant 8) ANSI/TIA/EIA-526-14A - Measurement of Optical Power Loss of Installed Multimode Fiber Cable Plant (9) ANSI/TIA/EIA-758(A) ~ Customer-Owned Outside Plant Telecommunications Cabling Standard b. Install cabling in accordance with the most recent edition of BICSI® publications: 1) BICSI - Telecommunications Distribution Methods Manual XX Telecommunications Cabling System Page 2/xx 10/1/2011 TECHNICAL SPECIFICATIONS 2) BICSI ~ Cabling Installation Manual 3) BICSI ~ LAN Design Manual 4) BICSI - Customer-Owned Outside Plant Design Manual c. Federal, state, and local codes, rules, regulations, and ordinances governing the work, are as fully part of the specifications as if herein repeated or hereto attached. If the contractor should note items in the drawings or the specifications, construction of which would be code violations, promptly call them to the attention of the owner's representative in writing. Where the requirements of other sections of the specifications are more stringent than applicable codes, rules, regulations, and ordinances, the specifications shall apply. 3. PERMITS, FEES, AND CERTIFICATES OF APPROVAL Specification Note: Edit as required. Coordinate with owner. a. The owner will make application and pay for building permit. b. As prerequisite to final acceptance, supply to the owner certificates of inspection from an inspection agency acceptable to the owner and approved by local municipality and utility company serving the project. 4. SYSTEM DESCRIPTION Specification Note: Edit for project describing the cabling in brief, generic terms. Additional detail is contained later in the Technical Specifications. Specification Note: Choose 4d, 4e, 4f or 4g as required, or use something else. Select all backbone descriptions that apply. a. A telecommunications cabling system generally consists of one telecommunications outlet in each workstation, wall telephones in common and mechanical areas, telecommunications rooms (TRs) located on each floor, and the equipment room (ER) located (sfafe location). Rate demarcation point (RDP) is located (sfafe location) b. The typical work area consists of a single-gang plate with two standards compliant work area outlets. XX Telecommunications Cabling Svstem Page 3/xx 10/1/2011 TECHNICAL SPECIFICATIONS c. One work area outlet consists of one (1) four-pair Category 6 cable or above, installed from the work area outlet to the TR. If dedicated to voice telecommunications service, be sure to terminate telephone cables on punch blocks located in TR. d. One work area outlet consists of one (1) four-pair data Category 6 cable or above, installed from work area outlet to the TR. Terminate data cables on wall /rack mounted modular patch panels located in the appropriate TR. e. One work area outlet consists of one (1) four-pair screened (ScTP) cable installed from work area outlet to the data termination rack in the TR. Terminate data cables on rack mounted modular patch panels. f. One work area outlet consists of a two-fiber 62.5/125 |im optical fiber cable installed from work area outlet to the data termination rack in the TR. Terminate optical fiber cables in the appropriate optical fiber interconnection center. g. One work area outlet consists of a two-fiber 50/125 |im optical fiber cable installed from work area outlet to the data termination rack in the TR. Terminate optical fiber cables in the appropriate optical fiber interconnection center. h. Vertical/horizontal copper backbone cabling consists of multiple pair unshielded twisted-pair installed from the main cross-connect (MC) to the horizontal cross-connect (HC) and/or from the MC to the intermediate cross- connect (IC) to the HC. Specification Note: State what this backbone will be utilized for. Examples are voice telecommunications service, premises switching equipment, data communications, etc. i. Vertical/horizontal backbone cabling consists of 62.5/125 |im multimode optical fiber cable installed from the MC to the HC and/or from the MC to the IC to the HC. Specification Note: State what this backbone will be utilized for. Examples are voice telecommunications service, premises switching equipment, data communications, etc. j. Vertical/horizontal backbone cabling consists of 50/125 |im multimode optical fiber cable installed from the MC to the HC and/or from the MC to the IC to the HC. Specification Note: State what this backbone will be utilized for. Examples are voice telecommunications service, premises switching equipment, data communications, etc. XX 10/1/2011 Telecommunications Cabling Svstem Page 4/xx TECHNICAL SPECIFICATIONS Vertical/horizontal backbone cabling consists of singlemode optical fiber cable (sfafe core size) installed from the MC to the HC and/or from the MC to the IC to the HC. Specification Note: State what this backbone will be utilized for. Examples are voice telecommunications sen/ice, premises switching equipment, data communications, etc. 5. SUBMITTALS Specification Note: Edit. Provide only the minimum shop drawing and other submittal requirements. a. Submit to the engineer/designer shop drawings, product data (including cut sheets and catalog information), and samples required by the contract documents. Submit shop drawings, product data, and samples with such promptness and in such sequence as to cause no delay in the work or in the activities of separate contractors. The engineer/designer will indicate approval of shop drawings, product data, and samples submitted to the engineer by stamping such submittals "APPROVED" with a stamp. Submitted shop drawings shall be initialed or signed by the contractor, showing the date and the contractor's legitimate firm name. 1) By submitting shop drawings, product data, and samples, the contractor represents that he or she has carefully reviewed and verified materials, quantities, field measurements, and field construction criteria related thereto. It also represents that the contractor has checked, coordinated, and verified that information contained within shop drawings, product data, and samples conform to the requirements of the work and of the contract documents. The engineer/designer remains responsible for the design concept expressed in the contract documents as defined herein. 2) The engineer's/designer's approval of shop drawings, product data, and samples submitted by the contractor shall not relieve the contractor of responsibility for deviations from requirements of the contract documents, unless the contractor has specifically informed the engineer/designer in writing of such deviation at time of submittal, and the engineer/designer has given written approval of the specific deviation. The contractor shall continue to be responsible for deviations from requirements of the contract documents not specifically noted by the contractor in writing, and specifically approved by the engineer in writing. XX Telecommunications Cabling Svstem Page 5/xx 10/1/2011 TECHNICAL SPECIFICATIONS 3) The engineer's/designer's approval of shop drawings, product data, and samples shail not relieve the contractor of responsibility for errors or omissions in such shop drawings, product data, and samples. 4) The engineer's/designer's review and approval, or other appropriate action upon shop drawings, product data, and samples, is for the limited purpose of checking for conformance with information given and design concept expressed in the contract documents. The engineer's/designer's review of such submittals is not conducted for the purpose of determining accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the contractor as required by the contract documents. The review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences, or procedures. The engineer's/designer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. b. Perform no portion of the work requiring submittal and review of shop drawings, product data, or samples, until the engineer/designer has approved the respective submittal. Such work shall be in accordance with approved submittals. c. Submit shop drawings, product data, and samples as a complete set within thirty (30) days of award of contract. Specification Note: Change submission quantities to match job requirements. 1) For initial submission and for resubmission required for approval, submit four (4) copies of each item. The engineer/designer will only return two copies. Make reproductions as required for your use and distribution to subcontractors 2) Illegible submittals will not be checked by the engineer d. General: Submit the following: 1) Bill of materials, noting long lead time items 2) Optical loss budget calculations for each optical fiber run 3) Project schedule including all major work components that materially affect any other work on the project XX Telecommunications Cabling Svstem Page 6/xx 10/1/2011 TECHNICAL SPECIFICATIONS Delete if schedule is included in specification under article, SEQUENCE AND SCHEDULING. e. Shop drawings: Submit the following: Specification Note: Coordinate with Part 2. Add, delete, and edit as required. 1) Backbone (riser) diagrams 2) System block diagram, indicating interconnection between system components and subsystems 3) Interface requirements, including connector types and pin-outs, to external systems and systems or components not supplied by the contractor 4) Fabrication drawings for custom-built equipment f. Product Data - Provide catalog cut sheets and information for the following: Specification Note: Coordinate with Part 2. Add, delete, and edit as required. 1) Wire, cable, and optical fiber 2) Outlets, jacks, faceplates, and connectors 3) All metallic and nonmetallic raceways, including surface raceways, outlet boxes, and fittings 4) Terminal blocks and patch panels 5) Enclosures, racks, and equipment housings 6) Over-voltage protectors 7) Splice housings XX Telecommunications Cabling Svstem Page 7/xx 10/1/2011 TECHNICAL SPECIFICATIONS g. Project record drawings: 1) Submit project record drawings at conclusion of the project and include: (a) Approved shop drawings (b) Plan drawings indicating locations and identification of work area outlets, nodes, telecommunications rooms (TRs), and backbone (riser) cable runs (c) Telecommunications rooms (TRs) and equipment room (ER and/or MC) termination detail sheets. (d) Cross-connect schedules including entrance point, main cross- connects, intermediate cross-connects, and horizontal cross- connects. (e) Labeling and administration documentation. (f) Warranty documents for equipment. (g) Copper certification test result printouts and diskettes. (h) Optical fiber power meter/light source test results. Coordinate with TESTING - May not be included or may be requested as an alternate. i. Operation and maintenance manuals: Use this only if there is active electronics or other equipment that may require servicing. Do not use for a cable-only job. 1) Provide three (3) copies of operations and maintenance manuals. As a minimum, manuals should include: (a) Complete schematics of each system component (b) Troubleshooting procedures (c) Factory-authorized support information XX Telecommunications Cabling Svstem Page 8/xx 10/1/2011 TECHNICAL SPECIFICATIONS 6. QUALITY ASSURANCE Choose either 6a or 6b; or 6c; or 6d & 6e. If 6a, coordinate contractors with owner. If 6b, coordinate manufacturers with owner and Part 2. If 6c, coordinate with Part 2. a. The following contractors are approved for the work of this section: 1) 2) 3) b. The following manufacturer's cabling systems are approved for the work of this section: 1) KRONE and no others 2) 3) c. The contractor shall be an authorized cabling system installer. d. The contractor shall have worked satisfactorily for a minimum of five (5) years on systems of this type and size. e. Upon request by the engineer/designer, furnish a list of references with specific information regarding type of project and involvement in providing of equipment and systems. f. Equipment and materials of the type for which there are independent standard testing requirements, listings, and labels, shall be listed and labeled by the independent testing laboratory. g. Where equipment and materials have industry certification, labels, or standards (i.e., NEMA - National Electrical Manufacturers Association), this equipment shall be labeled as certified or complying with standards. h. Material and equipment shall be new, and conform to grade, quality, and standards specified. Equipment and materials of the same type shall be a product of the same manufacturer throughout. i. Subcontractors shall assume all rights and obligations toward the contractor that the contractor assumes toward the owner and engineer/designer. xx Telecommunications Cabling Svstem Page 9/xx 10/1/2011 TECHNICAL SPECIFICATIONS 7. WARRANTY a. Unless othenwise specified, unconditionally guarantee in writing the materials, equipment, and workmanship for a period of not less than twenty (20) years from date of acceptance by the owner. The owner shall deem acceptance as beneficial use. b. Transfer manufacturer's warranties to the owner in addition to the General System Guarantee. Submit these warranties on each item in list form with shop drawings. Detail specific parts within equipment that are subject to separate conditional warranty. Warranty proprietary equipment and systems involved in this contract during the guarantee period. Final payment shall not relieve you of these obligations. Specification Note: Use this as required, typically with active electronics. Normally not used with a cable only job. c. Effect replacement or substitutions of equipment within 24 hours of first notification. Complete repairs to equipment within 72 hours. If repairs cannot be completed during this time period, or if ordering of parts is required, fonward to the owner every 72 hours, documentation of progress of repairs. This repair capability is mandatory. Include costs anticipated to comply with this requirement in the bid. 8. DELIVERY, STORAGE, AND HANDLING Protect equipment during transit, storage, and handling to prevent damage, theft, soiling, and misalignment. Coordinate with the owner for secure storage of equipment and materials. Do not store equipment where conditions fall outside manufacturer's recommendations for environmental conditions. Do not install damaged equipment; remove from site and replace damaged equipment with new equipment. XX Telecommunications Cabling Svstem Page 10/xx 10/1/2011 TECHNICAL SPECIFICATIONS 9. SEQUENCE AND SCHEDULING Submit schedule for installation of equipment and cabling. Indicate delivery, installation, and testing for conformance to specific job completion dates. As a minimum, dates are to be provided for bid award, installation start date, completion of station cabling, completion of riser cabling, completion of testing and labeling, cutover, completion of the final punch list, start of demolition, owner acceptance, and demolition completion. 10. USE OF THE SITE Specification Note: Coordinate with owner. Edit to match site and owner's requirements. a. Use of the site shall be at the owner's direction in matters in which the owner deems it necessary to place restriction. b. Access to building wherein the work is performed shall be as directed by the owner. c. The owner will occupy the premises during the entire period of construction for conducting his or her normal business operations. Cooperate with the owner to minimize conflict and to facilitate the owner's operations. d. Schedule necessary shutdowns of plant services with the owner, and obtain written permission from the owner. Refer to article - CONTINUITY OF SERVICES herein. e. Proceed with the work without interfering with ordinary use of streets, aisles, passages, exits, and operations of the owner. 11. CONTINUITY OF SERVICES a. Take no action that will interfere with, or interrupt, existing building services unless previous arrangements have been made with the owner's representative. Arrange the work to minimize shutdown time. b. Owner's personnel will perform shutdown of operating systems. The contractor shall give three (3) days' advance notice for systems shutdown. c. Should services be inadvertently interrupted, immediately furnish labor, including overtime, material, and equipment necessary for prompt restoration of interrupted service. XX 10/1/2011 Telecommunications Cabling Svstem Page 11/xx TECHNICAL SPECIFICATIONS B. PART 2 - PRODUCTS 1. MANUFACTURERS a. Provide products of manufacturers as named in individual articles. b. Where no manufacturer is specified, provide products of manufacturers in compliance with requirements. 2. FABRICATION Fabricate custom-made equipment with careful consideration given to aesthetic, technical, and functional aspects of equipment and its installation. 3. SUITABILITY Provide products that are suitable for intended use, including, but not limited to environmental, regulatory, and electrical. 4. VOICE/DATA TELECOMMUNICATIONS SERVICE BACKBONE CABLE Edit for items that will actually be used on the project. Alter parameters for fire rating of cable jacket(s) as required. a. Solid copper, 24 AWG, 100 Q balanced twisted-pair (UTP) backbone cable, in sizes as indicated on the drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EIA-568-B.2 Note: Listed Type CMR, CMP, MPR and/or MPP (as required in the NEC 2002). b. Multimode 62.5/125 [im diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EIA-568-B.3 Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). c. Multimode 50/125 [im diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EIA-568-B.3 Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). XX Telecommunications Cabling Svstem Page 12/xx 10/1/2011 TECHNICAL SPECIFICATIONS d. Singlemode inside plant optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EIA-568-B.3 Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). 5. VOICE TELECOMMUNICATIONS STATION CABLE a. KRONE Solid copper, 23 AWG, 100 Q balanced twisted-pair (UTP) Category 6 cables with four individually twisted-pairs, which meet or exceed the mechanical and transmission performance specifications in ANSI/TIA/EIA- 568-B.2 up to 250 MHz. Note: Listed Type CMR, CMP, MPR and/or MPP (as required in the NEC 2002). 6. DATA STATION CABLE (Copper) a. KRONE Solid copper, 23 A WG, 100 Q balanced twisted-pair (UTP) Category 6 cables with four individually twisted-pairs, which meet or exceed the mechanical and transmission performance specifications in ANSI/TIA/EIA- 568-B.2 up to 250 MHz. Note: Listed Type CMR, CMP, MPR and/or MPP (as required in the NEC 2002). 7. DATA STATION CABLE (Optical Fiber) a. Multimode 62.5/125 pm diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EiA-568-B.3 Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). b. Multimode 50/125 [iw diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/EIA-568-B.3 Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). c. Singlemode inside plant optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSin"IA/EIA-568-B.3 XX 10/1/2011 Telecommunications Cabling Svstem Page 13/xx TECHNICAL SPECIFICATIONS Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). 8. UNDERGROUND TELECOMMUNICATIONS CABLE (Copper) If you have copper cables installed outside between buildings, be certain to specify overvoltage protectors on both ends ofthe cable. See article, OVERVOLTAGE PROTECTORS. a. Solid copper, 24 AWG 100 Q. balanced twisted-pair, gel-filled duct cable, in sizes as indicated on the drawings, which meet or exceed the mechanical and transmission performance specifications listed in ANSI/TIA/EIA-568-B.2 and ANSI/TIA/EIA-758(A). 9. UNDERGROUND TELECOMMUNICATIONS CABLE (Optical Fiber) Edit for items that will actually be used on the Project. Delete reference to armored cable if non- metallic cable is specified. a. Multimode 62.5/125 pm diameter, armored, gel-filled optical fiber, with number of usable fibers as shown on drawings, which meet or exceed the mechanical and transmission performance specifications listed in ANSI/TIA/EIA-568-B.3 and ANSin"IA/EIA-758(A). b. Multimode 50/125 |im diameter, armored, gel-filled optical fiber, with number of usable fibers as shown on drawings, which meet or exceed the mechanical and transmission performance specifications listed in ANSI/TIA/EIA-568-B.3 and ANSI/TIA/EIA-758(A). c. Singlemode 8.7 pm to 10 pm diameter, armored, gel-filled optical fiber, with number of usable fibers as shown on drawings, which meet or exceed the mechanical and transmission performance specifications listed in ANSI/TIA/EIA-568-B.3 and ANSIAriA/EIA-758(A). 10. VOICE/DATA - COPPER WORK AREA OUTLETS Single-gang mounting plate with four (4) openings containing the following devices: a. Voice Outlet - KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. b. Data Outlet - KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. XX Telecommunications Cabling Svstem Paget 4/xx 10/1/2011 TECHNICAL SPECIFICATIONS 11. VOICE/DATA WORK AREA OUTLETS (Copper only) Single-gang mounting plate with four (4) openings containing the following devices: a. Voice Outlet - KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. b. Data Outlet - KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. 12. VOICE/DATA WORK AREA OUTLETS (fiber only) Not applicable 13. WALL VOICE OUTLETS Single-gang stainless steel faceplate with six-conductor jack and wall telephone mounting lugs 14. DATA ONLY WORK AREA OUTLET Single-gang faceplate with KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards 15. VOICE ONLY WORK AREA OUTLET Single-gang faceplate with KRONE 8-pin modular, category 6, unkeyed, white, pinned to T568B standards 16. TERMINATION BLOCKS a. Product(s) as approved by the engineer/designer: Wiring blocks are to be in following configurations: 1) KRONE Highband Ultimate termination blocks (4 pair) or HighBand 25 termination blocks (25 pair) dependent on type of cable used. 2) ER - List pairs connectorized for PBX portion of ER and pairs field terminated for backbone and CO portion of ER b. Provide wiring troughs between ER frame sections. 18. PATCH PANELS Specification Note: Alter quantities to match job requirements. XX Telecommunications Cabling Svstem Page 15/xx 10/1/2011 TECHNICAL SPECIFICATIONS 19 in. rack mountable, 24-port 8-pin modular to insulation displacement connector (IDC) meeting Category 6 performance standards, and pinned to T568B standards. Typical examples of IDC connections are the 110, BIX, and Krone. 19. WALL MOUNTED OPTICAL FIBER PATCH PANELS Specification Note: Alter quantities to match job requirements Wall-mounted optical fiber termination panel with 12-fiber capacity, hinged door, cable strain relief, slack storage, and two 6-port SC or approved alternative connector panels with adapters and provisions for two splice trays. 20. RACK MOUNTED OPTICAL FIBER TERMINATION PANEL Specification Note: Alter size to match job requirements. Coordinate with connector type. 19 in. rack mounted 72-port rack-mounted optical fiber termination panel with cable strain relief, grounding lugs, slack storage and three 12-port duplex SC or approved alternative connector panels with adapters and provisions for six (6) splice trays. 21. SPLICE TRAYS Specification Note: Use as needed. If shorter trays are required and only multimode fiber is used on the job, delete reference to single mode fiber, (single mode trays are larger to accommodate larger bend radius). Edit to match splice type (fusion or mechanical). Sized for singlemode and multimode fibers, nonmetallic with clear plastic cover, 12- fiber splice capacity, compatible with splice enclosure and splicing method. 22. OPTICAL FIBER CONNECTORS Choose 22a or 22b. Use 22a for SC connectors and 22b for Alternate connectors. Keep 1 & 2 in if you use 22a. Change to heat cured or mechanical connection if required. a. Ceramic tipped field installed 568SC connectors, which meet or exceed the performance specifications in ANSI/TIA/EIA-568-B.3. b. Various alternative field installed connector designs, which meet or exceed the performance specifications in ANSI/TIA/EIA-568-B.3 (Annex A). 23. OPTICAL FIBER JUMPERS XX Telecommunications Cabling Svstem Paget 6/xx 10/1/2011 TECHNICAL SPECIFICATIONS a. Dual 62.5/125-pm {and/or singlemode) optical fiber jumper cable, 1 m long with 3.0 mm Duplex 568SC optical fiber connectors on each end. b. Dual 62.5/125-pm {and/or singlemode) optical fiber jumper cable, 1 m long with approved alternative duplex optical fiber connectors on each end. c. Dual 50/125-pm {and/or singlemode) optical fiber jumper cable, 1 m long with 3.0 mm Duplex 568 SC optical fiber connectors on each end. d. Dual 50/125-pm {and/or singlemode) optical fiber jumper cable, 1 m long with approved alternative duplex optical fiber connectors on each end. 24. OPTICAL FIBER PIGTAILS a. 62.5/125 pm {and/or singlemode) optical fiber pigtail 1 m long with 3.0 mm single 568 SC optical fiber connectors on one end b. 50/125 pm {and/or singlemode) optical fiber pigtail 1 m long with 3.0 mm single 568 SC optical fiber connectors on one end 25. OPEN FRAME EQUIPMENT RACK Open frame, 19 in. equipment rack, 7 foot 6 in. overall height with flange base, mounting rails drilled front and back and tapped to EIA standards, and a front-rack mountable 10 outlet multiple outlet electrical strip 26. EQUIPMENT RACKS Specification Note: Use 19 in. or change to 23 in. as required. If using wall-mounted racks or cabinets, add required specifications here. Add and delete features as required. a. The 19 in. equipment rack shall have the following minimum requirements: 1) 77 in. (44 rack spaces) of panel space 2) Welded frame construction 3) Locking front and rear doors 4) Adjustable front and back equipment mounting rails drilled and tapped to EIA standards 5) 10 position electrical outlet strip 6) Removable side panels XX Telecommunications Cabling Svstem Page 17/xx 10/1/2011 TECHNICAL SPECIFICATIONS 7) Top mounted, thermostatically controlled exhaust fan 8) Smoked acrylic front door 27. LISTED BUILDING ENTRANCE PROTECTORS Use when copper cables are run outside of building. Use pigtail on input if required. Use appropriate protector modules. Building entrance terminal utilizing a two (2) foot fuse link between the outside cable plant splice and the protector module with IDC type input and output terminals, 100- pair capacity and female mounting base, equipped with 230 volt solid state protector modules. Provide sufficient protector modules to completely populate all building entrance terminals. 28. SPLICE HOUSING Use this or something else. Delete splice modules if used for optical fiber cables. a. Encapsulated, re-enterable splice housing, sized as required with bonding straps, accessories, end caps and encapsulant as required b. Splice modules (such as 710 series or MS^) for use within splice housing 29. SPARES Change quantities to suit job size. Edit to match that which is actually specified. a. Furnish the following spare equipment and parts: 1) Terminal block connectors, if required 2) Test set cords, if required XX Telecommunications Cabling Svstem Page 18/xx 10/1/2011 TECHNICAL SPECIFICATIONS 3) Install one test cord set in each telecommunications closet 4) Five (5) percent of base bid quantity of each type of jack shall be provided 5) Five (5) percent of base bid quantity of each type of outlet 6) Five thousand (5000) ft of each type of station cable 7) One thousand (1000) ft of one-pair cross-connect wire for each telecommunications closet 8) One thousand (1000) ft of two-pair cross-connect wire for each telecommunications closet 9) Five (5) percent of base bid quantity of protector modules XX 10/1/2011 Telecommunications Cabling Svstem Page 19/xx TECHNICAL SPECIFICATIONS C. PART 3 EXECUTION Edit as required. PRE-INSTALLATION SITE SURVEY a. Prior to start of systems installation, meet at the project site with the owner's representative and representatives of trades performing related work to coordinate efforts. Review areas of potential interference and resolve conflicts before proceeding with the work. Facilitation with the General Contractor will be necessary to plan the crucial scheduled completions of the equipment room and telecommunications closets. b. Examine areas and conditions under which the system is to be installed. Do not proceed with the work until satisfactory conditions have been achieved. HANDLING AND PROTECTION OF EQUIPMENT AND MATERIALS a. Be responsible for safekeeping of your own and your subcontractors' property, such as equipment and materials, on the job site. The owner assumes no responsibility for protection of above named property against fire, theft, and environmental conditions. PROTECTION OF OWNER'S FACILITIES a. Effectively protect the owner's facilities, equipment, and materials from dust, dirt, and damage during construction. b. Remove protection at completion of the work. INSTALLATION a. Receive, check, unload, handle, store, and adequately protect equipment and materials to be installed as part of the contract. Store in areas as directed by the owner's representative. Include delivery, unloading, setting in place, fastening to walls, floors, ceilings, or other structures where required, interconnecting wiring of system components, equipment alignment and adjustment, and other related work whether or not expressly defined herein. b. Install materials and equipment in accordance with applicable standards, codes, requirements, and recommendations of national, state, and local authorities having jurisdiction, and National Electrical Code® (NEC) and with manufacturer's printed instructions. XX Telecommunications Cabling Svstem Page 20/xx 10/1/2011 TECHNICAL SPECIFICATIONS c. Adhere to manufacturer's published specifications for pulling tension, minimum bend radii, and sidewall pressure when installing cables. 1) Where manufacturer does not provide bending radii information, minimum-bending radius shall be 15 times cable diameter. Arrange and mount equipment and materials in a manner acceptable to the engineer and the owner. e. Penetrations through floor and fire-rated walls shall utilize intermediate metallic conduit (IMC) or galvanized rigid conduit (GRC) sleeves and shall be firestopped after installation and testing, utilizing a firestopping assembly approved for that application. f. Install station cabling to the nearest telecommunications room (TR), unless otherwise noted. g. Installation shall conform to the following basic guidelines: 1) Use of approved wire, cable, and wiring devices 2) Neat and uncluttered wire termination h. Attach cables to permanent structure with suitable attachments at intervals of 48 to 60 inches. Support cables installed above removable ceilings. i. Install adequate support structures for 10 foot of service slack at each TR. j. Support riser cables every three (3) floors and at top of run with cable grips. 1) Limit number of four-pair data riser cables per grip to fifty (50) k. Install cables in one continuous piece. Splices shall not be allowed except as indicated on the drawings or noted below: I. Provide overvoltage protection on both ends of cabling exposed to lightning or accidental contact with power conductors. Specification Note: Insert any other specific installation requirements here, such as hook and latch fasteners instead of cable ties, etc. XX Telecommunications Cabling Svstem Page 21/xx 10/1/2011 TECHNICAL SPECIFICATIONS 5. GROUNDING Edit as required. a. Grounding shall conform to ANSI/TIA/EIA 607(A) - Commercial Building Grounding and Bonding Requirements for Telecommunications, National Electrical Code®, ANSI/NECA/BICSI-568 and manufacturer's grounding requirements as minimum. b. Bond and ground equipment racks, housings, messenger cables, and raceways. c. Connect cabinets, racks, and frames to single-point ground which is connected to building ground system via #6 AWG green insulated copper grounding conductor. 6. LABELING Use this or something else. Edit as required. Use 6d if the type of termination block permits labels. Othenvise use 6e. Use 6g if the owner does not have a standard for outlet numbering. Use 6h if required. Alter time as requested. Labeling shall conform to ANSI/TIA/EIA-606(A) standards. In addition, provide the following: a. Label each outlet with permanent self-adhesive label with minimum 3/16 in. high characters. b. Label each cable with permanent self-adhesive label with minimum, 1/8 in. high characters, in the following locations: 1) Inside receptacle box at the work area. 2) Behind the communication closet patch panel or punch block. c. Use labels on face of data patch panels. Provide facility assignment records in a protective cover at each telecommunications closet location that is specific to the facilities terminated therein. XX Telecommunications Cabling Svstem Page 22/xx 10/1/2011 TECHNICAL SPECIFICATIONS d. Use color-coded labels for each termination field that conforms to ANSI/TIA/EIA-606(A) standard color codes for termination blocks. e. Mount termination blocks on color-coded backboards. f. Labels shall be machine-printed. Hand-lettered labels shall not be acceptable. g. Label cables, outlets, patch panels, and punch blocks with room number in which outlet is located, followed by a single letter suffix to indicate particular outlet within room, i.e., S2107A, S2107B. Indicate riser cables by an R then pair or cable number. h. Mark up floor plans showing outlet locations, type, and cable marking of cables. Turn these drawings over to the owner two (2) weeks prior to move in to allow the owner's personnel to connect and test owner-provided equipment in a timely fashion. i. Three (3) sets of as-built drawing shall be delivered to the owner within four (4) weeks of acceptance of project by the owner. A set of as-built drawings shall be provided to the owner in magnetic media form (3.5" floppy disks) and utilizing CAD software that is acceptable to the owner. The magnetic media shall be delivered to the owner within six (6) weeks of acceptance of project by owner. TESTING a. Testing shall conform to ANSI/TIA/EIA-568-B.1 standard. Testing shall be accomplished using level lie or higher field testers. b. Test each pair and shield of each cable for opens, shorts, grounds, and pair reversal. Correct grounded, and reversed pairs. Examine open and shorted pairs to determine if problem is caused by improper termination. If termination is proper, tag bad pairs at both ends and note on termination sheets. 1) Perform testing of copper cables with tester meeting ANSI/TIA/EIA- 568-B.1 requirements. 2) If copper backbone cable contains more than one (1) percent bad pairs, remove and replace entire cable. Use 2 or 3 as required. XX 10/1/2011 Telecommunications Cabling Svstem Page 23/xx TECHNICAL SPECIFICATIONS 3) If copper cables contain more than the following quantity of bad pairs, or if outer sheath damage is cause of bad pairs, remove and replace the entire cable: CABLE SIZE MAXIMUM BAD PAIRS <100 1 101 to 300 1 -3 301 to 600 3-6 >601 6 4) If horizontal cable contains bad conductors or shield, remove and replace cable. Use d if the owner is willing to pay for the OTDR testing, othenvise use c. c. Initially test optical cable with a light source and power meter utilizing procedures as stated in ANSI/TIA/EIA-526-14A: 0FSTP-14A Optical Power Loss Measurements of Installed Multimode Fiber Cable Plant and ANSI/TIA/EIA-526-7 Measurement of Optical Power Loss of Installed Singlemode Fiber Cable Plant. Measured results shall be plus/minus 1 dB of submitted loss budget calculations. If loss figures are outside this range, test cable with optical time domain reflectometer to determine cause of variation. Correct improper splices and replace damaged cables at no charge to the owner. 1) Cables shall be tested at 850 and 1300 nm for multimode optical fiber cables. Cables shall be tested at 1310 and 1550 nm for singlemode optical fibers. 2) Testing procedures shall utilize "Method B" - One jumper reference. 3) Bi-directional testing of optical fibers is required. d. Perform optical time domain reflectometer (OTDR) testing on each fiber optic conductor. Measured results shall be plus/minus 1 dB of submitted loss budget calculations. 1) Submit printout for each cable tested. Use if requested by owner. 2) Submit 3.5 in. disks with test results and program to view results. e. Where any portion of system does not meet the specifications, correct deviation and repeat applicable testing at no additional cost to the owner. XX Telecommunications Cabling Svstem Page 24/xx 10/1/2011 TECHNICAL SPECIFICATIONS 8. FIELD QUALITY CONTROL a. Employ job superintendent or project manager during the course of the installation to provide coordination of work of this specification and of other trades, and provide technical information when requested by other trades. This person shall maintain current RCDD® (Registered Communications Distribution Designer) registration and shall be responsible for quality control during installation, equipment set-up, and testing. b. At least 30 percent of installation personnel shall be BICSI Registered Telecommunications Installers. Of that number, at least 15 percent shall be registered at the Technician Level, at least 40 percent shall be registered at the Installer Level 2, and the balance shall be registered at the Installer Level 1. Specification Note: Use this or insert manufacturer's requirements for installer qualifications to meet extended warranty program requirements. c. Installation personnel shall meet manufacturer's training and education requirements for implementation of extended warranty program. END OF SECTION XX Telecommunications Cabling Svstem Page 25/xx 10/1/2011 DAT/VGOMMUNICATION CABLING SYSTEM 16750 SECTION 16750 - DATA/COMMUNICATION CABLING SYSTEM PART 1 - GENERAL 1.1 GENERAL REQUIREMENT A. Tenderers shall propose and submit a comprehensive Structured Cabling Solution to define the telecommunications infrastructure (patch panels, frames, patch cords, cables, faceplates and outlets) necessary to build a uniform premises distribution system, which will function for a multi-media communications solution to support up to 1000Mbps (IGBE) and to provide a 20 year warranted system. B. A Structured Cabling Solution that uses Category 6 components and Optical Fibre backbone shall be capable of providing 1 Gigabit Ethernet operation using full duplex transmission. The solution should define the method(s) of flexible patching for the telecommunications services to enable simple Moves, Adds & Changes, (MAC's) without frequent rewiring of locations. 1.2 CONFORMITY TO STANDARD A. The latest versions of the following standards are to be complied with unless otherwise specified: 1. AS/ACIF S008 Requirements for Authorized Cabling Products 2. AS/ACIF S009 Installation Requirements for Customer Cabling (Wiring Rules) 3. AS/NZS 3000 SAA Electrical Wiring Rules 4. AS/NZS 3080 Integrated Telecommunications Cabling for Commercial Premises 5. AS/NZS 3084 Commercial Building Standard for Telecommunications Pathways and Spaces 6. AS/NZS 3085.1 Administration of Communications Cabling Systems - Basic Requirements 7. AS/NZS 4117 Surge Protective Devices for Telecommunication Applications 8. AS/NZS ISO/1 EC 15018 (Replaces AS/NZS 3086 SOHO Cabling) Generic Cabling for Homes 9. AS/NZS lEC 61935.1 Testing of Balanced Communications Cabling In Accordance with ISO/IEC 11801 - Part 1 10. ISO 11801 Ed 2 (Altemate reference only) Information Technology - Generic Cabling for Customer Premises 11. TIA/EIA 568-B.2-1 (Alternate reference only) Transmission Performance Specification for 4 Pair 100 Ohm Category 6 Cabling 12. TIA 568-B.2-10 (Draft 10GBE reference document) Information Technology - Augmented Category 6 Cabling Class E Tender Spec ADC KRONE 061201 .doc Page 5 City of Carlsbad 10/01/2011 Page 1 of 17 Pages DATA/COMMUNIGATION CABLING SYSTEM 16750 PART 2 - PRODUCTS 2.1 STRUCTURED CABLING SYSTEM (SCS) A. All ADC KRONE products supplied under this tender shall be genuine ADC or KRONE products. There shall be no unapproved or falsely claimed "Krone Compatible" or "Krone Alternative" products. B. The communications channel shall be capable of supporting 1GBE (1000BASE-T) Ethernet. All copper products in the communications channel shall be capable of supporting the provision of power to the Data Terminal Equipment via the electrically conductive Media Dependant Interfaces as specified in the latest IEEE 802.3af "Power over Ethernet" standard. All IDC connectors shall be KRONE IDC technology for all systems and subsystems. 2.2 WORK AREA SYSTEM A. Tenderers shall supply and install the wiring or interconnections that connect active terminal devices to the telecommunication outlets. This includes patch cords, connectors, faceplates, as well as the work area patch cords (terminal fly leads) needed to make connections. The number of outlets required for this tender is approximately . B. The faceplates offered shall have the following; For Cat 6: 1. A choice of 4 outlets. 2. Options for vertical style or horizontal mounting style. 3. 4 port angled faceplates on perimeter trunking or surface skirting ducts. 4. A clear label application of circuit identification. C. Telecommunication Outlets (TO) 1. All copper telecommunication outlets supplied by the tenderer shall be ADC KRONE modular 8-position / 8-contact outlets, accepting standard modular RJ45 plugs. 2. The TO shall be: a. Capable of receiving 0.4 to 0.64mm diameter solid wires into insulation displacement contacts. b. Surface or flush mounted, single or dual sockets as specified in the drawings. c. Should have the ability to accept a dust cap to prevent dust and dirt getting into the socket. d. Undenwriter Laboratories (UL) listed, and comply with CFR47 Part 68.500. e. Made from high-impact, flame-retardant, UL94 -VO rated thermoplastic material. f. Meet or exceed AS/NZS 3080:2003 Category 6 component requirements. 3. The TO shall provide Near End Crosstalk (NEXT) performance of: >54dB @ 100MHz, and >46dB @ 250MHz for Cat 6. 4. The Insulation Displacement Connector (IDC) wiring termination shall have a minimum of 2 mechanical forces applied to the wire to provide a reliable and stress-free resistant connection. City of Carlsbad 10/01/2011 Page 2 of 17 Pages DATA/GOMMUNICATION CABLING SYSTEM 16750 5. The IDC termination must be have a 450 angled configuration when connecting with the cable conductor to reduce the effect of metal fatigue. 6. The IDC contact element shall be special spring brass with silver plating to increase conductivity, angularly arranged across the axis of conducting wire to maximize the gas tight connection. The contact range shall be 5pm silver-plated to ensure minimum oxidization impact. 7. The socket offered shall be marked to conform to the T568A wiring scheme in AS/NZS 3080, as a minimum Class E Tender Spec ADC KRONE 061201.doc Page 6 8. The telecommunication outlet shall meet the following electrical performances; a. RJ Interface resistance: 20 mQ b. Insulation resistance >100 MQ at 500 Vdc. c. Contact resistance of 20 mQ maximum. (ImO typical) d. Current rating of <2A at 20°C 9. The telecommunication outlet shall meet the following mechanical performance: a. Insertion life of Level B reliability to 60603-7 b. Plug/Jack contact force: > lOOg minimum per contact using a FCC- approved plug. c. Plug retention force: 133 N minimum. d. Temperature range: -20°C to +75°C D. Work Area Patch Cord 1. The Cat 6 work area patch cords shall be factory terminated with color options and with length options of 1.2, 2.1, 3.0, 4.5, 7.5, and 15 metres. E. Horizontal Cable System 2.3 CATEGORY 6 CABLING FOR 1 GIGABIT ETHERNET A. Tenderer shall supply ADC KRONE Category 6 horizontal 4 pair solid cable to connect each telecommunication outlet (TO) or consolidation point (CP) to the floor distributor (FD). The type of horizontal cables used shall be 4-pair 100Q high performance unshielded twisted pair (UTP) cable for Cat 6 applications. B. The UTP cable shall be of nominal 0.5 mm diameter bare solid copper conductors insulated with high-density insulation and a PVC sheath. The insulated conductors shall be twisted into pairs, with pairs balanced for maximum performance and noise reduction. C. The 4-pair UTP cable shall be run using a star topology format from the cross-connect at the floor distributor (FD) on each floor to every individual telecommunication outlet. D. The 4-pair UTP cable must exceed AS/NZS 3080:2003 Category 6 requirements. It must be tested to Class E to ensure performance for any application up to and including 1000 Mbps from the floor distributor (FD) to the telecommunications outlet (TO) at the work area. E. All horizontal UTP cable must meet requirement specified for current applications such as IEEE 802.3, 10/100/1000 BASE T; IEEE 802.5, 4/16/100Mbps; ATM Forum 52/155/622/1200 Mbps, 1 Gigabit Networking. City of Carlsbad 10/01/2011 Page 3 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 F. Each run of cable from the cross-connect at the floor distributor (FD) to the telecommunication outlet (TO) shall be continuous without any joints or splices. Consolidation points (CP) are permitted provided Class E channel performance is maintained. G. The length of each individual run of fixed horizontal cable from the floor distributor (FD) to the telecommunication outlet (TO) shall be based on the distance set out in the tables and formulas in AS/NZS 3080:2003 plus the appropriate length de-rating for maximum ambient temperatures above 20°C. Installed lengths may differ from the designed lengths as long as they pass testing. H. The 4-pair UTP cable should be Undenwriter Laboratories (UL) listed as type CM or CMR. The 4-pair UTP cable shall meet or exceed the following AS/NZS 3080:2003 requirements specifications for cable: 1. Conductor DC Resistance (Max): 9.38 Q/IOOm @ 20°C 2. DC Resistance Unbalance (Max) 5% 3. Insulation Resistance (Min): 5000 MQ /1km @ 20°C 4. Mutual Capacitance (Typical): 5.6 nF/100m 5. Class E Tender Spec ADC KRONE 061201 .doc Page 7 6. Characteristics impedance: 10OQ 7. Worst Case Cable Skew: 45 nsec/100 Metres 2.4 EQUIPMENT ROOM & TELECOMMUNICATIONS ROOM CABLE TERMINATIONS A. The size, location and provisioning of services and facilities in the Equipment and Telecommunications Rooms (ER and TR) should be in accordance with AS/NZS 3084. B. For copper voice circuits, the tenderer shall supply ADC KRONE High Band 10-pair disconnect modules to terminate the incoming Service Provider cables, the outgoing Service Provider cables to the PABX, and the PABX Extension lines/cables. The mounting system shall be earthed as described later. These modules shall have the ability to accept over-voltage or surge protection devices, if required. C. The Equipment Room (ER) and Telecommunications Room (TR) shall contain black ADC 19" Lab Rack units 44 RU in height, fitted with ADC glide cable management bays for vertical cable and patch cord management. All internal horizontal and/or backbone copper cables shall be terminated on rack mounted patch panels, or wall mounted Profile rods or back mount frames to suit either 8 or 25 pair ADC KRONE modules. The ER or TR must also house the rack mounted or wall mounted fiber termination units for termination of optical fiber cable as defined in the drawings. D. Patch cords shall be provided when patching of voice and/or data circuits is required at the cross-connections to facilitate Moves, Adds and Changes (MAC's). The patch cords supplied shall be able to support the designed application, like 1GBE applications. E. Lighting intensity on the front and back of installed terminations, patch panels and equipment should be 500 lux at Im above floor to meet AS/NZS 3084 requirements. City of Carlsbad 10/01/2011 Page 4 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 2.5 RACKS AND CABLE MANAGEMENT A. Tenderer shall utilize glide 19" racks, 44 RU high (product number 6460 1 141-00) for cable termination panels and for equipment mounting as appropriate. Locked cabinets may be used if additional security is warranted. B. Vertical cable and patch cord management on the 19" rack shall be by attaching either a glide 150mm front only cable manager (product number ADCCMVIBS06F-2), or a 200mm (product number ADCCMS-08) or 250mm (product number ADCCMS-10) front & rear cable manager. Hinged covers matching the vertical cable management shall be fitted to hide and protect the cables and patch cords. C. Horizontal cable and patch cord management between patch panels or equipment on the 19" glide cable management racks shall be 2 RU glide horizontal cable managers with front hinged-down cover (product number ADCCMHIB-2U). Horizontal cable and patch cord management at the top, middle or bottom of the 19" rack shall be either 2 RU or 4 RU horizontal crossover troughs. D. Fiber cable and fiber patch cord management shall be the ADC Fiber Guide tray and channel system that utilizes yellow plastic extrusions in 50mm, 75mm or 100mm wide troughs and molded interconnection fittings. Trough exits shall utilize downspout fittings to maintain the minimum bending radius of the cables and cords. 2.6 CROSS-CONNECT SYSTEM A. Tenderer shall utilize Patch By Exception for copper cross-connection of termination modules at the backbone and/or horizontal cross-connect. The cross-connect system inside Telecommunications Rooms (TR) shall consist of 2 modules per horizontal cable run. B. On Module 1, 4-pair positions shall be connected from the top of the module to the network equipment by a System Tail with the RJ45 plug at the equipment end. Class E Tender Spec ADC KRONE 061201.doc Page 8 C. On Module 2, 4-pair positions shall be connected at the top of the module to the horizontal cabling from the TO. The hard-wired jumper cable shall consist of 4-pair solid cable with sheath (the same cable as the horizontal 4-pair cable), and this will connect from the 4-pair positions on the bottom of Module 1 to the 4-pair positions on the bottom of Module 2. D. On 8-pair Profile-mounted modules, where possible, the solid jumpering shall all be laid to the left of the Profile modules to facilitate future hinging of the module on that side. E. The cross-connect terminations on Category 6 components shall be either; 1. ADC KRONE modules, fire-retardant, molded plastic UL94 VO rated, mounted horizontally for ease of termination, with 8-pair or 25-pair disconnection contacts for incoming voice and/or data services up to IGBE, or 2. ADC KRONE RJ45 Cat 6 patch panels for incoming voice and/or data services up tol QBE. 3. Cross-connect jumper cable shall be Cat 6 of any suitable length, with sheath, terminated on the bottom of the module on the A-side to the bottom of the module on the B-side. city of Carlsbad 10/01/2011 Page 5 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 4. For Patch By Exception installations and for patch cord cross-connect installations on HighBand25 modules, the length of the Cat 6 patch cord between modules shall be 1.2 metres or longer to maintain warranted performance. F. Tenderer shall supply appropriate patch cords with factory-assembled plug-ends for mating with the termination modules. These patch cords are to be used as the "Exception" patching facility during temporary Moves, Adds and Changes. G. Restoration of the original hard-wired jumper arrangement shall be by the removal of the "Exception" patch cords. H. When the temporary "Exception" patching arrangements are to be made permanent, the appropriate modules shall be hard-wired using solid 4-pair fully sheathed cable, and the"Exception" patch cords shall be removed and stored for future use. The type of patch cords shall match the termination modules used. 2.7 TERMINATION MODULE A. The termination module shall be able to accommodate over 200 repeated wire insertions without incurring permanent deformation. For up to Cat 6 performance, the termination module shall be an ADC KRONE Cat 6 Ultim8 disconnection module to allow test cords to isolate the cabling system for testing purposes. B. For all modules, the termination shall be able to accommodate 0.4 - 0.64 mm diameter solid copper conductors and 7/0.2 - 7/0.32 multi-wire stranded conductors. C. The IDC contact element shall be set at 45o and made from special spring brass with silver plating. The wire contact area shall have 5 pm of silver-plating to ensure maximum reliability. All components that are to be connected to a carrier's network must comply with the A-Tick requirements in accordance with the Telecommunications Labeling Notice. 2.8 COPPER PATCH PANELS, RACK AND CABINET-MOUNTED A. The modular outlet patch panel shall be a ADC KRONE Cat 6 panel with 8 pin modular sockets having a worst pair NEXT loss values for the outlet of >54dB at 100MHz and >46dB at 250MHz. B. The patch panel shall be available in 16 or 24 port configurations in one rack unit height or 48 ports in two-rack unit height and shall fit into a 19" rack. Rear cable management shall be a Class E Tender Spec ADC KRONE 061201.doc Page 9 ADC KRONE cable manager either steel or plastic (MasterMinder) to occupy the same height as the 1 RU patch panel. C. The contact plating of the modular jacks shall have a minimum thickness of 1.3|jm of hard gold in accordance with FCC CFR47 Part 68.5, over a minimum thickness of 2.0pm of nickel. The modular patch panel will have a plug insertion life of Level B reliability to I EC 60603-7. City of Carlsbad 10/01 /2011 Page 6 of 17 Pages DAT/VCOMMUNICATION CABLING SYSTEM 16750 D. ADC KRONE Patch Cord Minders shall be fitted so that there is one patch cord minder for every 2 x flat patch panels. The front and/or rear vertical rails of the cabinet shall be set back sufficiently to accommodate the patch cord minders. E. When angled patch panels are used, the installation of patch cord minders is not mandated. However, the rack and/or cabinet must have sufficient space on the sides at the front to provide adequate room and support to contain the patch cords and their minimum bending radius. 2.9 OPTICAL FIBER TERMINATION UNIT, RACK AND CABINET-MOUNT A. The ADC KRONE 19" rack mount fiber termination unit shall provide cross-connect, interconnect or splicing capabilities. B. The 19" rack mount fiber termination unit shall consist of a frame mountable housing for terminating and/or splicing fiber optic cables and allow for organization of the fiber optic interconnects. The assembly shall have rear openings for cable entry, with posts to accept strain relief terminations and with fiber storage guide facilities for maintaining bend radius. C. The 19" rack-mounting unit should be either 12 or 24 ports for one rack unit (1 RU) and can be either a fixed position unit or have a slide or swing tray to improve access. D. The adaptor plates shall be suitable for SC simplex, SC duplex LC duplex or ST couplings, and the adaptor plates should be installed to angle the through adaptors to the left or to the right of the panel to improve the patch cord management and provide eye safety due to accidental exposure to active fibers. E. Connectors on all single-mode fibers (SMF) shall be fusion spliced on site. Connectors on all multimode fibers (MMF) should be fusion spliced on site for optimum performance. 2.10 PRE-TERMINATED OPTICAL FIBER A. Where optical fiber cabling is specified on the drawings, consideration should be to the use of Pre-Terminated Optical Fiber (PTOF) cable to minimize installation time. B. The cable shall be preterminated with the appropriate style of connector to suit the requirements (like SC or LC style). The length of the PTOF shall be measured from FOBOT to FOBOT (Fiber Optic Break Out Tray) and there shall be an additional 650 mm minimum breakout length of fibers, located in each FOBOT, for direct connection into adaptors. 2.11 PATCH CORDS AND SYSTEM LEADS A. Tenderer shall supply ADC KRONE Cat 6 patch cords and copper System Leads for cross-connection and/or inter-connection of termination modules, patch panels and network equipment. City of Carisbad 10/01/2011 Page 7 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 B. The type of patch cords and system leads shall match the termination module used, ie 8-pair Ultim8 modules, 25-pair Cat 6 modules or Cat 6 RJ45 patch panel. C. All Cat 6 patch cords shall be factory terminated 4-pair UTP cable with lengths of 1.2, 2.1, 3.0, 4.5, 7.5, and 15 metres. D. System Leads shall be supplied and installed to connect the network equipment to the cross-connect or interconnect modules. The system leads shall have 4-pair conductors with length and construction (stranded or solid) suited to the installation. E. Class E Tender Spec ADC KRONE 061201 .doc Page 10 System Leads shall have an RJ45 plug on each end and shall be "cut in half" on site to achieve the desired lengths from network equipment to cross-connect module. Each System Lead will produce two (2) System Tails (RJ45 plug one end to IDC termination other end). F. The ADC KRONE Fiber Patch Cords shall; 1. Consist of one or two single, tight buffered, multimode graded-index fibers with a 62.5 or 50 micron core or singlemode 9 micron core with 125 micron cladding to suit the installed 0M1, 0M3, or 0S1 fiber optic cabling. 2. Be used for optical fiber cross-connects and interconnects. 3. Have the fiber cladding covered by Kevlar fibers and a protective outer jacket. 4. Be factory terminated with SC, ST or LC ceramic connectors at each end. 5. Meet the following specifications: a. Minimum bend radius: 25 mm b. Operating temperature: -40 to +75° C c. Loss: 0.75 dB per mated pair of connectors d. Return Loss Maximum: -45Db e. Cable OD: 3 mm f. Tip material: Ceramic 2.12 BACKBONE SYSTEM A. The backbone system shall include UTP 4-pair copper cable for voice and 4-pair Cat 6 copper UTP and fibre optic cable for high-speed data networking in the intra-building wiring. Tie cables between floor distributors may be Cat 6 UTP cable, if less than 90 m long. B. The backbone cables shall be run in a star topology, terminated in the Equipment Room (ER) or Building Distributor (BD) at one end, and in a Floor Distributor (FD) at the other end. 1. The UTP copper cables a. Shall be marked CM or CMR b. Shall consist of 0.5 mm diameter, twisted pair copper conductor marked CM or CMR. c. The UTP multi-pair cable shall meet the requirements of AS/NZS 3080:2003 and AS/ACIF S008 2. The Optical Fiber Cables a. The multi-core optical fiber cable shall consist of multimode or singlemode fiber, color-coded for identification for multi-core fiber optic cable. b. Consideration should be given to the use of Pre Terminated Optical Fiber cable for faster and easier installation. City of Carlsbad 10/01/2011 Page 8 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 c. The fiber cables shall meet the following transmission specification: -where, OFL = Overfilled Launch Bandwidth, RML = Restricted Mode Launch 0M1 Specification 62.5/125 [im Fibre 1) Sheath color Orange (if available), or black 2) Maximum fibre loss: 3.5 dB/km at 850 nm 1.5 dB/km at 1300 nm 3) Minimum bandwidth: 200 MHz.km at 850 nm 500 MHz.km at 1300 nm 4) Numerical aperture: 0.275 5) Max length of GBE 300 m at 850 nm 6) Max length for GBE 550 m at 1300 nm 2.13 OVERLOAD PROTECTION A. The tenderer shall make provision to supply ADC KRONE overvoltage protection to all incoming lines from the Service Provider and to all above ground and underground lines between buildings in campus wiring design. The provision for overvoltage protection includes installation of correct earthling least 6 mm2 to the mounting frames and racks. The installation of the arrester magazines shall be as agreed with the system designer and in any installation in the region of and above the Tropic of Capricorn and in Western Australia this is considered a requirement.Tenderer shall supply ADC KRONE overvoltage magazines complete with 230 volts fail-safe overvoltage arresters for all incoming copper pairs to protect the incoming Service Providerlines and any outside plant multi-pair copper cables against any overvoltage surge and minimize the damage that may be caused by lightning. For lightning and oven/oltage protection tenderer shall supply ADC KRONE ComProtectmaintenance- free 5-point solid state surge protection devices for voice applications and data applications up to and including 16Mbps. 2.14 SYSTEM PERFORMANCE A. Channel performance is the preferred acceptance criteria for all installations if possible. All Permanent Links are to be installed and all end-user patch cords, equipment cords and work area cords are to be in place, and left in the position where they were tested. Where this is not practical, the Permanent Link performance will be the acceptance criteria for the installation. PART 3 - EXECUTION 3.1 INSTALLATION STAFF AND EXPERIENCE A. The successful tenderer shall supply a list of names of installation staff and their ADC KRONE Master Installers certificate number. All certificate numbers must start with the letter 'C signifying Competency to be a valid certificate. This requirement does not apply to apprentices or trainees under the full-time supervision of an ADC KRONE Master Installer. Certificate numbers starting with the letter 'A' signifying Attendance are not valid as ADC KRONE Master Installers.Tenderer shall state when each staff was last trained by formal ADC KRONE Master Installer training.Tenderer shall provide a list of their technical support staff listing their working experience in the relevant field. Class E Tender Spec ADC KRONE 061201.doc Page 14Tenderer shall state the City of Carlsbad 10/01/2011 Page 9 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 nearest location of their principal support centre. This centre shall have permanently stationed support staff that is capable of providing technical support effectively and efficiently. 3.2 APPLICATION ASSURANCE AND WARRANTY A. Tenderer shall provide at least a 20 year Warranty for Class E Channel performance of the Cat 6Channel Solutions backed by ADC KRONE'S 20 years warranty from the date of successful completion of testing and commissioning of the Structured Cabling System. The 20 year application assurance shall cover the failure of the offered cabling system to operate the applications that the system was initially designed to support, ie those identified in the current (at the time of tendering) versions of the Cabling Performance Specifications (that is the AS/NZS 3080, ISO11801 or TIA/EIA 568-B.2- 1). 3.3 COMPLIANCE TESTS A. The installer must individually test 100% of the UTP cables and fibre optic cables after installation of the cables to determine compliance to AS/NZS 3080 performance requirements. Where ever possible, progressive testing of both fibre and copper Permanent Links or Channels is recommended to ensure errors or unacceptable installation practices are minimized on the site. All test results, including Passes, 'Star- Passes' and Failures, shall be kept by the installer prior to customer acceptance of the site. At customer acceptance, the final test results shall be given to the end user for retention during the period of the warranty. ADC KRONE does not accept cable runs with failures as part of the normal Warranted installation. Prior to acceptance by the customer, all compliance test results shall be made available to ADC KRONE staff on request to verify Pass results and discuss failures and 'Star-Passes'. Any rectification work and re-testing of cable runs containing failures or 'Star-Passes' shall be at the installer's expense. B. Class E Performance Testing on Cat 6 Installations. The Structured Cabling System shall be tested by the installer for compliance to the requirements specified in the latest AS/NZS 3080 standard for Class E performance using Level 3 testers in accordance with AS/NZS lEC 61935.1 - Testing. A certain percentage of the outlets may be chosen at random for the final acceptance testing by the end-user or in their absence, by ADC KRONE. The design data and the full results of all compliance tests performed by the installer are to be fully documented and submitted to end-user to hold for the period of the warranty. The results must include 100% of total installation and provide full electronic data files for each cable run indicating the name of the person doing the testing, date, building, cable identification, cable length. Insertion Loss, NEXT, PSNEXT, ACR, PSACR, Propagation Delay, Delay Skew, ELFEXT, PSELFEXT.and Return Loss. Length alone is not considered to be a pass/fail criteria. The compliance criteria shall be in accordance with the compliance requirements set out in AS/NZS3080:2003 or ISO/IEC 11801:2003 for the Class E copper Permanent Link or Channel. C. Optical Fibre Link Testing 1. Test Requirements All multimode and singlemode optical fibre links must be tested for; a. Continuity and Maintenance of Polarity City of Carlsbad 10/01/2011 Page 10 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 b. Length Class E Tender Spec ADC KRONE 061201 .doc Page 15 c. Propagation Delay d. Optical Attenuation of Link, 2 x wavelengths, 2 x direction Conduct the tests in accordance with ADC KRONE'S Performance Testing of Optical Fibre Links For Compliance To ISO/IEC 11801, using either LSPM and/or OTDR equipment. If conflict exists, correct testing with LSPM shall be taken as correct. Where LSPM results exceed the Power Loss Budget, the link shall be investigated with an OTDR to determine the location of the faulty component. D. Reference Setting (Zeroing) Methods for LSPM Testers on MMF and SMF 1. If the connectors are the same on the LSPM tester and the Link to be tested, use 1-Test Cord Method of Reference Setting as per Cl 9.1.2 of ISO/IEC 14763-3 (Eg. SC on tester and both ends of Link). Where the connectors on the LSPM tester are different from the connectors on the Link to be tested, use the 3-Test Cord Method of Reference Setting as per Cl 9.1.1 of ISO/IEC 14763-3 (Eg. SC on Tester and LC on Link) E. Use of Mandrels or Coils (for both 3 & 1 -Test Cord Methods) 1. For MMF, the LSPM Tester shall have the correct Coupling Power Ratio for the cable under test. This can also be achieved by using a Mandrel Wrap on the Launch Cord for mode stripping during Reference Setting and Testing. For a 3 mm Launch Cord, 5 turns on 17 mm 0 for 62.5 pm 5 turns on 22 mm 0 for 50 pm. For SMF, the LSPM test launch cord shall have at least 2 x turns of 40±5 mm diameter, aircoiled or on a mandrel, for stripping light out of the cladding and more consistent readings. F. Test Cords and Field Calibration Cords (for both 3 & 1 -Test Cord Methods) 1. All Test Cords & Field Calibration cords shall be Qualified. Launch and Tail Cords for MMF & SMF LSPM testing shall be Im to 5m each and have a Reference Connector at one end. Field Calibration Cord used in the 3-Test Cord Method shall not exceed 2m in length and have Reference Connectors at both ends. Reference Connectors shall be the same type of connectors as the cabling to be tested. Reference Connectors shall have an attenuation of < 0.10 dB for MMF, and < 0.20 dB for SMF. G. Field Calibration Cord and Adaptor Removal (for 3-Test Cord Method) 1. For both MMF and SMF cabling, after the 3-Test Cord Reference Setting has been done, the central Field Calibration Cord shall be removed and the cabling under test connected. For a Link, the 2 x adaptors are removed with the field calibration cord. [For a Channel, the 2 x adaptors remain on the launch and tail cords.] H. Compliance Criteria 1. The compliance criteria shall be a pass for all of the tests listed under Test Requirements. The Optical Attenuation of the Link shall not exceed the Power Loss Budget calculated in accordance with the losses set out in ISO/IEC 14763- 3:2006 and AS/NZS 3080:2003 for the optical fibre components that make up the Link. For an ADC KRONE warranty, the optical fibre installation must pass the requirements and test methods set out in Performance Testing of Optical Fibre Links For Compliance To ISO/IEC 11801. City of Carlsbad 10/01/2011 Page 11 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 I. Test Result Documentation 1. A copy of the full "Plot Data Enabled" test results for each copper cable run and each core of each optical fibre cable run shall be supplied to the end user on CD in a 'Microsoft Windows' Office application format, or in a recognized test vendor's application format like Fluke LinkWare or Agilent DataScope Pro or LANTEK Reporter. Class E Tender Spec ADC KRONE 061201.doc Page 16 3.4 CUSTOMER ACCEPTANCE A. At the conclusion of the installation a preliminary walkthrough with the installation contractor will be performed to check for installation quality, accurate performance of the work, and to verify engineering diagrams. Any modifications to the documentation or the installation that may be required shall be accomplished within a 2 week period. "Customer Acceptance" shall consist of a final walkthrough with the installation contractor. The walk through shall be scheduled within 3 weeks of the completion of the installation in order to turn the project and documentation over to the end-user. "Customer Acceptance" does not release the installation contractor from repairing any cabling errors or improperly labeled circuits, caused by the installation contractors, that may be discovered at a later date. 3.5 EQUIPMENT AND MATERIALS SHALL BE NEW A. All cabling and connection equipment and materials supplied shall be new ADC KRONE approved products. The Contractor shall check the surface finishes and paintwork around his area of installation and touchup or repair/replace all damaged parts after the installation of cabling and equipment. The Contractor shall provide ADC KRONE literature including data on maintenance and operation of all equipment installed. Relevant catalogues of all materials, instruments, equipment, and components, to be supplied shall be included in this Tender. All ADC KRONE equipment and materials shall be permanently and legibly marked to indicate clearly the ADC or KRONE name as the manufacturer or the ADC and/or KRONE registered trademark. 3.6 LABELLING AND NUMBERING A. Each piece of equipment, patch panel and outgoing cable from the patch panels shall be labeled. Corresponding labeling and numbering shall also be provided on the telecommunication outlets. Equipment racks/cabinets should be labeled from bottom to top, left to right, omitting the letters "1" and "O". All cable labels should be of clear wrap around self-adhesive type or slip-on plastic ring type or a long plastic strip type fixed onto each cable. Each cable is to be labeled at each end 100 - 150mm from the termination point. Lettering on the label is to be machine typed. Telecommunication Outlets are to be labeled with an approved label secured to the outlet faceplate/cover in a prominent position, firmly affixed. Cable and TO numbering shall be the same and should be in the format of; "BUILDING-FLOOR-ROOM-NUMBER". The designations can be letters or numbers. Room is optional. NUMBERS must be in sequential numbers. Use a dash between each designation with no spaces. Consolidation Points are to be additionally labeled with the distance back to the FD, in metres. MUTOs are to be additionally labeled with the maximum allowable patch cord length in metres, as per the MUTO cabling design. City of Carlsbad 10/01/2011 Page 12 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 3.7 CABLING INSTALLATION REQUIREMENTS A. General: 1. All cables shall be run and installed in a workmanlike manner in accordance with AS/ACIF S009 Wiring Rules for safety and network integrity, and AS/NZS 3080 for performance. The Installer shall plan the cabling system and routing ensuring adequate segregation from electrical and hazardous sen/ices, ensuring system integrity and performance, ensuring that it does not present problems of maintenance or access, and ensuring there is no conflict with the operation and maintenance of other systems. The Tender shall give full details of the type of cables to be used including the type of termination, identification method, method of installation and limitations (if any). Termination of cables in the FD shall be on racks, frames or wall-mount assemblies to suit the selected modules and/or patch panels. Cable installed underground either direct buried or buried in conduit shall be of gel-filled Loose Tube construction that meets the requirements of the 'Water Penetration' test specified in lEC 60794-1-2 Clause 25, Method -FSB. In addition, such cable shall not allow fluids to penetrate through the sheath. To comply with the identification requirements of AS/ACIF S009, cable shall not be painted. Occasional overspray from Acrylic water-based painting can be acceptable provided the overspray coverage does not exceed 1 m length on the cables. All metal pathways should be bonded to the building earth system thereby providing a bonding conductor facility to minimize the effects of noise coupling. B. Copper Cable: 1. Cat 6 cables shall be grouped together in bundles not exceeding 24 cables per bundle. Cat 5 cables shall be grouped together in bundles not exceeding 32 cables per bundle. Cat 6A permanent links should be at least 15 m long to minimize low NEXT or RL issues like *Pass. Do not mix Cat 6 and Augmented Cat 6 cables in the same bundle. CopperTen Augmented Cat 6 cables should have 25mm separation from Cat 6 cables to minimize alien crosstalk. Do not arrange any Cat 6 cables within bundles or in a tray in straight lines. Leave them in a random lay to help minimize external alien crosstalk between the cables. This is the ADC KRONE 'Random Lay In Bundle And Tray for Cat 6 cable and Cat 6A' principle. Cat 6 cables shall be secured with Velcro™ at least 10 mm wide or approved elastic ties. Use Velcro™ or approved elastic ties applied at random spacings up to 300mm apart on catenary wires. Provide adequate support for all cabling that is vertically installed, ensuring that the weight of the cables is sufficiently supported. Use Velcro™ or approved elastic ties at approx 300mm vertical spacing. Bend control accessories (eg 'water-falls') shall be used to restrict cable bending during and after installation so that minimum bend radius is not exceeded. This particularly applies to all locations where cables change from horizontal to vertical. Cables shall be installed so as not to exceed the minimum bending radius. Use a bending radius not less than 50 mm radius (100 mm dia) during cable pulling, and not less than 25 mm radius (50 mm dia) for hand placement on horizontal runs eg at the TO or in skirting ducts. For tighter bend radius applications, obtain the manufacturer's approval before installation. For Cat 6 cable installations, the provision of spare cable should be avoided by good design and careful selection of termination locations. However, if specified on the drawings, allow for approx 2-3 metres of spare in the cable runs at the FD (by J-bends or U-bends in the cabinet/rack) and possibly at the entry to the service pole or skirting duct containing the TO. Place this spare cable in such a manner that it is fully supported and that the minimum bending radius is City of Carlsbad 10/01/2011 Page 13 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 maintained. Spare cable shall not be stored Class E Tender Spec ADC KRONE 061201.doc Page 18 inside service poles or skirting ducts. If spare cable is contained in loops, there shall be mo more than 4 loops in a coil at any one location and each loop shall be of different diameter with minimum diameter of 300 mm. Cables shall be installed so as not to exceed the maximum hauling tension of 11kg for Cat 6 cables and CopperTen Augmented Cat 6 cables. Consolidation Points, if installed, shall be at least 15 metres away from the FD. There is no minimum requirement between FD and TO, or CP and TO. Red sheathed horizontal fixed copper cabling shall be reserved for fire detection/alarm services. Cables that penetrate fire barriers shall have the penetrations suitably fire-stopped by qualified operators as required by local building code regulations/laws. The amount of un-twist in a pair at any termination shall be no more than 13mm for Cat 5 and 10mm for Cat 6 and Augmented Cat 6. The amount of cable sheath stripped back at any termination shall such that the sheath terminates approximately 10 mm or less from module or socket housing for C5, C6 and Augmented C6 cables. C. Optical Fibre Cable 1. Bend control accessories shall be used to restrict cable bending during installation so that minimum bend radius is not exceeded as specified in the relevant cable technical data sheet. Cables shall not be installed at a tension that exceeds their specified limited as per in the relevant cable technical data sheet. Cable enclosures (eg. pull boxes) shall be capable of accommodating the specified minimum bend radius of all installed cable as a bundle. Cable direct buried shall be in suitably prepared ground such as in well tamped surrounding sand or soft soil. Cables used in a building shall be of Tight-Buffered low smoke zero halogen construction and shall be resistant to UV radiation where the cable is exposed to direct sunlight. Optical fibre cables occupying the same conduits as LV power cables should be installed in sub-ducts to maintain the integrity of the optical fibre cable during installation and future maintenance. Consideration must be given to minimizing the risk of damage to underground cable through vehicle and structural loading or soil movement or severe bending radius or above- ground impact. Underground cable will be exposure to UV radiation where it enters and exits the ground and it must be suitably protected at these locations. D. Pathways - Continuous 1. Continuous pathways are Tray (flat, slotted, ladder). Ducts (in-floor, perimeter, skirting), Conduits, Power Poles or Blades or similar. The recommendations in AS/NZS 3084 Pathways and Spaces should be followed. All cable trays, catenaries and ductwork required to complete the installation will be the responsibility of the Tenderer to supply and install. The installer is to liaise with end-user, and/or main contractor when strip-out of existing floors commences to evaluate if any existing cable tray or ducts can be re-used. The preferred depth of surface/skirting ducts is 50mm to accommodate the minimum bending radius of Cat 5, Cat 6 and Augmented Cat 6 cables. Class E Tender Spec ADC KRONE 061201.doc Page 19. a. For 3-compartment communications ducts: 1) 'A 50H X 50D mm duct shall contain no more than 18 x CopperTen cables, or 24 x Cat 6 cables, or 32 x Cat 5 cables (ie the maximum Cat 6 and Cat 5 bundle sizes). 2) 'A 40H X 50D mm duct shall contain no more than 12 x CopperTen cables, or 24 x Cat 6 and Cat 5 cables. & City of Carlsbad 10/01/2011 Page 14 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 3) • A 35H x 40D mm duct shall contain no more than 6 x CopperTen cables, or 12 x Cat 6 and Cat 5 cables. 2. All necessary pathway penetrations and access between floors is the responsibility of the Tenderer to provide, and to ensure all penetrations and access holes at the completion of the installation are fully sealed to local authority requirements and fire regulations by qualified personnel. Support all cabling within the false ceiling space or under indoor raised flooring by steel cable tray, trunking, ducting, or catenary wires, fixed by manufacturer approved hangers and methods onto structural building or flooring elements. All conductive pathways should be earthed to protective earth from the electrical distribution board on the floor where such cable tray is installed. A licensed electrical contractor must make the connection to the electrical distribution board protective earth. Before cable is installed and after installation, ensure that conduit, trunking and tray is thoroughly clean of any extraneous material such as cable scraps, dust, dirt, construction debris and moisture. Any cable that has been subjected to immersion in fluid shall have the pathway dried and cleaned and the cable shall be completely replaced with new clean dry cable. Co-ordinate all trunking, ducting, conduit and tray work with other services on site as necessary. Where cables exit a tray, provide adequate protection from sharp tray edges during the installation process and after completion. Where cables are installed in partitions or false walls through sharp-edged metal studs, ensure bushings are secured in these penetrations to protect cables. Restrict conduit runs to no more than 30m of continuous run inside a building between hauling points. Restrict any single pull to no more than two (2) x 90-degree bends, in conduits or ducts. The pathway system shall otherwise be installed in accordance with the manufacturer's instructions. E. Pathways - Non-continuous 1. Non-continuous pathways are Wireways (mesh, ribs). Catenaries, Hooks or Bags. Where non-continuous- pathways are used to cable support systems, the following minimum requirements shall be followed. The recommendations in AS/NZS 3084 Pathways and Spaces should be followed. Catenary wires shall be anchored to structural elements of the building and not to any service or support accessory. The maximum number of cables on one catenary shall be 2 x bundles of 32 for Cat 5 or 2 x bundles of 24 for Cat 6. The maximum sag of a pathway when fully-loaded with cables shall not exceed 150 mm between any two supports. Mesh trays for general use shall have metallic or non-metallic crossbars at 100 mm spacing or less. Around external corners, the maximum unsupported cable span shall be 150mm. Othenwise use a flat durable sheet in the bottom of the pathway to support the cables. Curved bend control accessories that support the cables shall be used to fully support the cables over the bend surface and maintain a minimum bend radius of 50 mm in all situations where the cable or the tray/mesh drops down at an angle of 45 degrees or greater. The maximum height of the mass of cables on a pathway shall be 90mm. The height is reduced to 75mm if the cross bar spacing is up to 120mm in special use trays. This ensures there is not too much weight on the bottom cables that rest on the crossbars. The clearance above the sides of the tray/mesh shall be at least 1/2 the width of the tray with 100mm as the minimum clearance. Supports for non-metallic mesh shall be at 1 m spacing or less. The maximum sag should be less that 200 mm when fully loaded. J-Hooks, bags or saddles shall be positioned at 800 mm spacing or less. The surface of the hook or saddle that supports the cable shall be smooth and at least 34 mm wide with city of Carisbad 10/01/2011 Page 15 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 rounded-off edges under the cables. The fixings of any cable support system shall be onto the building structure by solid mechanical means, not adhesive means. Non-continuous support pathways should be run in straight lines following the building lines, not a diagonal or zig-zag fashion. The pathway system shall otherwise be installed in accordance with the manufacturer's instructions. Separation 1. The minimum separation between the fixed telecommunications cabling and parallel runs greater than 3 m in length of LV fixed electrical cabling shall be at least 300 mm for performance and noise reduction reasons. Separation from other electrically noisy environments like power distribution mains and sub mains and fluorescent light fittings or halogen down light transformers shall be 300 mm. For non-warranted sites where performance is not the primary requirement, the following safety requirements shall be maintained. A minimum of 50 mm separation between the fixed telecommunications cabling and parallel runs of LV electrical cabling. If the run parallel to LV electrical cables is less than 50mm, separate the two with a solid durable barrier (if metallic it should be protectively earthed) for the entire length of run less than 50 mm separation. Where fixed telecommunications cables cross electrical cables, the crossing shall be at right angles with 50mm separation (or a protective conduit/barrier extending 50 mm both sides of the crossing) with both sets of cabling securely fixed in position to prevent any relative movement or change in the separation. These safety separation/segregation are set down in AS/ACIF S009 - Wiring Rules. Where fixed cabling is installed inside modular fumiture partitions and similar enclosures or in service poles, maintain the 50 mm safety separation or have a solid durable separation barrier as per AS/ACIF S009. Wherever possible, maintain a performance separation of up to 300 mm from LV power cables to minimize noise induction. Install cables in partition ducts/trays, free from protrusion of screws and similar sharp fasteners that may damage the cabling. Remove or cover all sharp edges on the cabling pathway. Where patch cords are installed behind removable panels in modular furniture or in under-desk pathways, maintain a separation from LV power of 10 mm if possible. The preferred length of patch cords running continuously in parallel with LV power under desks plus in 'umbilicals' is 5 m maximum. In 'umbilical' pathways associated with modular office partition systems, the LV power and the telecommunications cables shall use separate compartments. No additional separation or barriers are required within the umbilical pathway. The end fittings for umbilical pathways shall be such that the minimum bending radius of the communications cables is not exceeded at either end. 3.8 DOCUMENTATION The contractor shall provide complete documentation covering the installation and maintenance of the Structured Cabling System. This includes "as built" drawings showing the location of all installed equipment and racks in all Telecommunications Rooms, all main cable runs, cable trays and catenaries, CPs, MUTOs and TOs, complete with outlet numbering. A. Quantity 1. The Tenderer shall provide three complete sets of documentation. As built drawings shall be provided within 14 days of sectional or partial completion of City of Carlsbad 10/01/2011 Page 16 of 17 Pages DATA/COMMUNICATION CABLING SYSTEM 16750 any part of the project to the project manager and/or the client showing all main cable runs, locations, identifications and destinations. B. Printing And Binding of Documentation 1. The Tenderer shall provide installation/system manuals, product datasheets and all other documentation in suitably labeled, A4 sized binders. All binding shall be of a high quality to provide for a long and durable service. C. Document and Drawing Sizes 1. All documentation shall be typed on either single or double-sided A4 pages. Drawings shall where practicable, be on A4 size however, A3 or Al sizes may be used for larger drawings. D. Installation/Systems Manuals 1. The Installation/Systems Manual shall cover the following areas: a. A detailed overview of the building cabling system, b. Full description of the specific installation, c. Full schematics showing the overall layout of the installation, and d. Floor layout drawings showing the location and designation of each outlet, location of cable trays and ducts and location of all connection frames. E. Test Result Documentation 1. A copy of the full "Plot Data Enabled" test results for each copper cable run and each core of each optical fibre cable run shall be supplied to the end user on CD in a recognized test vendor's application format like Fluke LinkWare or Agilent DataScope Pro or LANTEK Reporter. END OF SECTION 16750 City of Carlsbad 10/01/2011 Page 17 of 17 Pages