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McGrath Rentcorp dba Mobile Modular Management Corporation; 2021-08-31; PWS21-1507FAC
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND CITY ST AND ARDS FOR Carlsbad Safety Center Tetnporary Trailer Delivery, Setup, Leasing, Servicing & Retnoval (Re-Bid) CONTRACT NO. 4715 PWS21-15.07F AC -Bidding ( \ , ,l / TABLE OF CONTE.NTS Notice Inviting Bids ............................... .' ...................................................... '. .......................... . , l Contractor's Proposal ··························································································:········:·········· Bid Security Form ................................................. : ................................................................. ·.- Bidder's Bond to Accompany Proposal ........................................................... { ............... , .. ···:···· Guide for C9mpleting the "Designation of Subcontractors• Form ............. : .............................. . Designation of Subcontractor and Amount of Subcontractor's Bid Items ................................ . J Bidder's Statement of Technical Ability and Experience ........... : .............................................. . Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ................................................................ 1 ••••••••••••••••••••••• , , I • ' Bidder's Statement Re Debarment.. ........................................................................................ . Bidder's Disclosure of Discipline Record ....................................................................... . Non-collusion Declaration to Be Executed by Bidder an'd Submitted with Bid ......................... . 5 12 22 23 24 25 26 27 28 29 31 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ' Labor and Materials Bond· .......... 1 .. : ............... -........................................................................... 38 Faithful Performance/Warranty Bond ................................................................... ,.................... 40 Optional ~screw Agreement for Surety Dep~sits in Lieu of Retention . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . 42 I l ( ATTACHMENT A General Scope of Work ............................................................... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Exhibit 1 -Trailer and Storage Plan (Separate Document) 1 'Exhibit 2 -Concept for distribution of temporary phone/data '-¥iring (Separate Document). Exhibit 3 -City IT Standards 2021, V01 (Separate Document) '-r• ,, 0 Revised 6/12/18 Page 2 of99 Contract No. 4715 Se'ction 1 1-1 1-2 1-3 1-4 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 ' Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 ' 6-2 - 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms .............................................. ,; ............................................................. . Definitions ....................................................................................................... . Abbreviatibns ............... : ... : .............................................................................. . Units of Measure .................................................... t ........................................ . Scope and Control of The Work Award and Execution of Contract ........................................... :: ....................... . ~~~it~~~~:::::::::::::::::::::.::::::-::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::.:::::::::::::: Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................ : ................. . Plans and Specifications .................................. ~ .............................................. . Work to be Done .. · .............................................................. , ............ ' ................ . Subsurface Data ..................... · ........................................................................ . Right-of-Way ................................................................. , ......... : ...... · .................. . Surveying ......................................................................................................... · Authority of Board and Engineer ...................................... : ... _. .......................... . Inspection ········,·······················}··.l·········::···· ................................................... . Changes in Work Changes Requested by the Contractor ......... : ................................................. . Changes Initiated by the Agency .................................................................... . Extra Work .. · ....... 1 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Changed Conditions .......................... · ............................................................. . Disputed Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... !. ......... _. ................................. . Control of Materials Materials and Workmanship .................................... :.1 ••••••••••••••••• ! ................... . Materials Transportation, Handling and Storage ....... ~ .... : ... '.' .................. , .......... . Utilities Location ..................... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................. . Protection ..... .' .............................. , ....... .' ................................... ,. ....................... . Removal ......................................................................................................... . Relocation ............................ ~ ............................................ -............. : ................ . Delays ............................................................................................................. - Cooper~tion .................................................................................................... . Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work .............. : ....................... . -. fW rk ,,,, Prosecution o ~ ..................................... : ................................ , ................. . Suspension of Work ........................................... : ............................................ . Default by Contractor ................................................................................ : ..... . Ter,mination of Contract ....................................................................... 1 •• ' •••••••••• Delays and Extensions of Time .............................................................. : ........ . Time of Completion .................................... _ ..................................................... . Completion, Acceptance, and Warranty .......................................................... . Liquidated Damages ...................................... \ ............... :: .. \ ........... : ............... . yse of Jmprovement _During Construction ................... 1 ••••••••••••••••••••••••••••••••••••• , 0 Revised 6/12/1: · Page 3 of99 Contract No. 4715 47 48 51 54 55 55 55 56 57 59 59 ~59 59 60 60 61 61 ' 62 64 66 72 74 75 75 76 76 77 77 78 81 81 81 ·82 82 83 84 85 85 i Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-1·3 7-14 Section 8 8-1 8-2 8-3 8-4 8-5 8-6 Section 9 9-1 9-2 9-3 9-4 \ , I .Responsibilities of the Contractor . Contractor's Equipment and Facilities ............................................................. . Labor ....... : ................. , .................................................................................... . Liability Insurance ..................................................... ~·····································r Workers' Compensation Insurance ..................................... :· ........................... . Per'rnits ......................................................... : ................................................. . The-Contractor's R~presentative .................................................................... . Cooperation and Collateral Work .................................................................... . Project Site. Maintenance ................................................................................ . Protection and Restoration of Existing Improvements ...................................... . Public Convenience and Safety ............................................... ~ ...................... . Patent Fees or Royalties ................. · .......................... : ..................................... . Advertising ..................................... : ......................................... .' ...................... . Laws to be Observed ...................................................................................... . Antitrust Claims ...... .' .. _ ..................................................... : ......... 1 •••••••••••••••••••••••• Facilities for Agency Persdnnel General ........................... ; ............................................................................... . Field Office Facilities ........ ' ................................................................................ : Field Laboratories , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................. . Bathhoµse Facilities ..................................................... : ................................... ' Removal of Facilities ....................................................................................... . Basis of Payment......................................... . : ............................. : ................... . 86 86 86 83 87 87 87 88 90· 90 93 93 93 93 94 \ 94 94/ 94 94 94 · Measurement anq Payment . J M~asurement of Quantities for Unit Price Work ................................................. 1 96 · Lump Sum Work .......... ~······························ ....... .-............................................ 96 Payment ......................................................................................... , . . . . . . . . . . . . . . . . 96 Bid Items...................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 I' #9! \iJ Revised 6/12/18 Page 4 of99 Contract No . .4Z15 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 5 p.m. on July 9, 2021 , the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov), for performing the work as follows: CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 BID NO. PWS21-1507FAC ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad's electronic bidding (eBidding) site, at: Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov) and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City's bidding system and possess a system- assigned Digital ID in order to submit an electronic bid. The City's electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City's bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers' cookies will not be able to log in and use the City's bidding system. The City's electronic bidding system is responsible for bid tabulations. Upon the bidder's or proposer's entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids are transmitted into the City's bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not avail able for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so. BIDS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non- responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after time set as Due Date and Time. {'\ •+ir Revised 6/12/18 Page 5 of 99 Contract No. 4715 / I Important Note: Submission of.the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user's internet service provider (ISP), bandwidth, computer hardware . and other variables, it may take time for the bidder's. submission to upload and be received by the City's eBidding system. It is the bidder's sole responsibility to ensure their bids are received on time by the City's eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. · ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Bidder, by submitting th_eir electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal I are true and correct. The bidder, by submitting, its electronic bid, acknowledges that doing so carries the same force and full legal effect. as a paper submission with a longhand (w~t) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined , • and understands the. entire Contract. Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to ·and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder-to clearly identify any confidential, proprietary, trade secret on otherwise legally privileged information contained within the proposal's General references to sections of the · California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested ir;iformation is exempt .from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, an9 the Bidder agrees to hold the City harmless for any such release of this information. This bid and the terms of the Contract· Documents and Supplemental Provisions constitute ah irrevo- cable offer that shall remain valid and in full force for a period of 90 days and' such additional time as may be mutually agreed upon by the City of Carlsbad and, the Bidder. ' ' INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a pe~od of ,90 days and such additional time as may be mutually agreed upon' by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Gontract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate se·curities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- . tract. Section 10263 of the Public Contract Code requires monies or'securities to be deposited with the City or a state or federally chartered bank in California ·as the escrow agent. The escrow agent · shall maintain insurance to cover negligent acts and omissions of the agent in connection with the 1 handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad rnay disqualify a contractor or subcontractor from participating in, bidding when a contractor or subcontractor· has ~h debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. ; ft ~ Revised 6/12/18 ) Page 6of99 Contract No . .41.15 .' "'"' GENERAL SCOPE OF WORK · ( The plans and specifications for the work are included in the Bid Do9uments. The general scope of work 1s provided in Attachment A of this Request for Bid.' Contractor is also directed to Exhibits 1-3 contained in Attachment A for additional details. All work shall be coordinated with the city's Construc- tion Management Consultarit, Grtffin Structures. · ' ) The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carlsbad on file with the City Clerk's Office. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time. of1 bid opening and the supplements thereto as published by the' ~Greenoo·ok" Committee of Public Works Standards, , Inc., all hereinafter designated "SSPWC", as.amended. Specification Reference is hereby made to the. plans and specifications ,for full particulars and description of the .work. The General Provisions (part 1) to,the SSPWC do not apply. \ I L The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. I I ' BID DOCU1MENTS The bid documents comprise the following documents which must be completed and properly exe-, cuted including notarization1 where indicated. ~ · J 1. 2. 3. 4. S. 6. 7. 8 . 9. 10. 11. 12. 13. 14. Contractor's Proposal Attachment A-_ General Scope of Work -Exhibit 1 -Traile·r and Storage Plan Exhibit 2 -Concept for distriq_ution of temporary phone/data wiring (separate document) Exhibit 3 -City IT Standards, 2021 v011 (separate document) Bidder's Bond (At Time of Bid Submit PDF Copy via PlanetBids / All Bidders). Bid Bond (Original) Due within Two Business Days After Bid Opening/ 3 Apparent Low Bidders·. ·' Non-collusim, Declaration · Designation of Subcontractor and Amount of Subcontractor's Bid Bidder's Statement of-Technical Ability and Experience · Acknowledgement of Addendum(a) Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the' Bidder prior to award of this contract. · Bidder's Statement Re D~barment Bidder's Disclosure of Discipline Record Escrow Agreement for Security Deposits -(optional, must be completed_ if the Bidder wishes to use the Escrow Agreement fo,r Security) '· , BIDDER'S GUARANTEE OF GOOD FAITH (BID SECURITY) .i At the time of bid submission, bidders must uplo~d and su_bmit an electronic PDF copy of the afore-' mentioned bid se~rity. Whether in the· form of a cashier's check, a properly certified:check or an' approved corporate surety bond payable to the City of Carlsbad, the bi~security must be uploaded to the City's eBidding system. Within two (2) business days after the bid opening date, the. first three (3) apparent low bidders must provide the City with the original bid security. 0 Re~ 6/12/18 R_age 7 of99 Contract No.~ Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-responsive. Due to COVID-19, the City of Carlsbad offices are closed to the Public. Bidder's Bid Bond (Original) will only be accepted via USPS, UPS or any other courier service during regular business hours. ENGINEER'S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1 ,600,000. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be re- jected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: A - General Engineering or B -General Building. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid packages, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. l'\ •ff Revised 6/12/18 Page 8 of 99 Contract No. 4715 PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any con- tract for public work, unless currently registered and qualified to perform public work pursuant to Sec- tion 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records , and mak- ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and tour of the project site will be held at Carlsbad Safety Center, 2560 Orion Way, Carlsbad, CA 92010 on June 23, 2021 at 10:00 a.m. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given categories and/or units of work, as indicated in this proposal, times the unit price (if applicable) as submitted by the bidder. All bids are to be complete work including all fees, equipment, labor and materials associated with carrying out the work in accord- ance with plans and specifications. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing via email to: Janean Hawney, Contract Administrator Janean.Hawney@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. Pre-bid substitution request shall be submitted to Contract Administrator a minimum of 14 calendar days prior to bid opening (by June 25, 2021 at 5 p.m.). The cutoff date and time to submit questions regarding this project is June 30, 2021, at 5:00 p.m. No questions will be entertained after that date. {'\ •tr' Revised 6/12/18 Page 9 of 99 Contract No. 4715 ADDENDA Bidders are advised to verify the·lssuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. I BOND AND INSURANCE REQUIREMENTS · The Contractor shall provide bonds to secure faithful perform~nce and warranty_ of the work in an . amount equal to ;0ne hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent ( 100%) of the total amount payable by the terms of the contract. These bonds shall \,_ be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by .the City until they are released as stated in the General Provisions section of this · contract. All bonds are to be placed with ~ surety insurance carrier admitted and authorized to transact the business of insuran~ ir:i California and whos~ assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling o'r authorizing the person who ·executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance _commissioner. If the bid is• accepted, the City may require copies of the insurer's most recent ~nnual statement and quarterly statement filed with the Department of Insurance pursuant to Article 1-0 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 0 calendar days of the insurer's receipt of a request to sub~it the statements.'· ' ~ Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII . 2) Are admitted and authorized to transact the business of insurancejn the'state of.California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating,com;mion is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. I • The Contractor shall be required to maintain Insurance as specified l.n the Contract .. Any additional cost of said 4nsurance shall be included in the bid price. · · -· , ) The award of the contract by the City Council is contingent upon the Contractor submitting the required · ,bonds and insurance,·as described in the contract, within twenty days of bid opening. If the Contractor . fails to comply with these requirements, the,~ity may award the contract to the second or third lowest bidder and th~ bid security of the lowest bidder.may-be forfeited. 0 1 Revised 6/12/18 Page 10 of99 Contract No . .41.1.§ BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. 1 Approved by the City Council of the City· of Carlsbad, California, by Resolution No. 2021-127 , adopted on the 8th day of June · , 2021. June 9, 2021 Janean Hawney Date Deputy Clerk ---. I' 0 Revised 6/12/1,8 . I Page 11 of99 Contract No. 4715 ' ( CITY OF CARLSBAD PWS21-1507FAC Addendum No. 2 CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4715 in accordance with the Plans, Specifications, General Provisions, Contract· Documents, and addenda thereto and that he/she will take in full payment for the work the total bid value stipulated below in the Schedule of Values com- prising the basis of award. Upon City approval of the Contractor's value distributions below, the sched- ule of value items will become the Schedule of Values for monthly progress payments, to be billed against on a percentage or unit completion basis each month. Items of contract work not specifically referenced in the Schedule below, but customary in the construction industry for completing the scope of work described in the contract documents, shaU be included in Schedule "N below, Contractor tci refer to Exhibits and Attachment A -General Scope of Work, for the preparation of these values. NOTE: Lease durations for trallers·ln clean good condition, are based on current estimates.so the leases for some trailers may need to be limited or extended via change order using the unit cost values provided in the Schedule. SCHEDULE OF VALUES "A" Approxi- Item mate Uriit Price Total Amount No. Description Quantity (Figures) (Figures) and/or Unit A-1 Mobilization Lot $37,245 $37,245 Thirty seven thousand, two hundred fourty five (Price in Words) A-2 General Conditions for up to 21 21 months $0.00 $0.00 months Zero (Price in Words) 0 Revised 6/12/18 ·, ' Page 12 of99 Contract No . .41.12 PWS21-1507FAC Addendum No. 2 A-3 Site survey if and as necessary LS $5,200 $5,200 I in preparation for setting I building \._ / trailers and access ramps / stairs Five thousand, two hundred (Price in Words) A-4 Deliver and Install 24x60 trailers 4 $19,761.25 $79,045 for staff group offices, Phase 1 Seventy-nine thousand, forty-five (Price in Words) A-5 Deliver and Install 1 0x32 trailers 3 $6,978.68 $20,936 for staff private offices, Phase 1 Twenty thousand, nine hundred thirty six (Price in Words) A-6 Deliver and Install 1 0x44 trailer 1 $8,601.39 $$8,601.39 for staff private offices, Phase 1 Eight thousand six hundred one and 39 cents (Price in Words) A-7 Deliver and Install 12x40 trailer 1 $7,801.10 $7,801.10 for staff private offices, Phase 1 Seven thousand eight hundred one and 10 cents (Price in Words) A-8 Deliver and install 12x60 trailer 1 $9,510.03 $9,510.03 for shower/changing rooms for Phase 2 w/ shower water heaters Nine thousand five hundred ten and three cents (Price in Words) A-9 Deliver and install trailers of trailer $3,444 $3,444 sufficient size to provide 1,920 square feet of conditioned storage during Phase 1. Coordinate with City vendor for installation of Security system for trailers. Three thousand four hundred forty four (Price in Words) 0 Revised 6/12/18 Page 13 of99 Contract No.1Zl.5. PWS21-1507FAC Addendum No. 2 A-10 Deliver and install 8x20 Conex box 1 $594 $594 / " for (2) freezers and (1) refrigerator I for Phase 1 (trailer air conditioned) Five hundred ninety four (Price In Words) A-11 Install ADA ramps for all office and Lot $16,490.50 $16,490.50 storage trailers and steps as needed for a·ccess to trailers Sixteen thousand four hundred ninety & fifty cents (Price in Words) A-12 Install ADA signage for (1) parking 1 $2,275 $2,275 stall in location indicated by city Two thousand two hundred seventy five (Price in Words) A-13 Install temporary electrical wiring 1 $57,950.10 $57,950.10 as required to establish electrical power requirements/terminations for each trailer (note: all trailers and Conex box air conditioned) Fifty seven thousand nine hundred fifty and ten cents ( \ I ' ', _ _/ (Price in Words) A-14 Install temporary fiber/data to Lot $111,687.69 $111,687.69 occupied trailers from main building per city IT standards in coordination with city staff. Install cables for wireless access per RFP and Addendum No. 1. One hundred eleven thousand six hundred eighty seven and sixty nine cents (Price in Words) A-15 Install backflow device at hydrant/ Lot $73,892 $73,892 pressure regulator(s) as necessary on temporary water service from hydrant to trailers. Bury pipe and Patch pavement at drive lane(s) Seventy three thousand eight hundred ninety two (Price in Words) 0 Revised 6/12/18 Page 14 of99 Contract No. ~ PWS21-1507FAC Addendum No. 2 A-16 Obtain Certificate of Occupancy for Lot $13,975 $13,975 --, '"-/ trailers that will be 9ccupied Thirteen thousand nine hundred seventy five (Price in Words) A-17 Install and remove after use, 1,300 l.f. $18.75 $24,375 storage shelving equally in each storage trailer (1300 linear ft total) Twenty four thousand three hundred seventy five (Price in Words) A-18 Provide bi-weekly (twice/weekly) 21 months $1,917.81 $40,274 sewage pumping services at trailer restrooms for up to 21 months Fourty thousand two hundred seventy four (Price in Words) A-19 Provide bi-weekly wastewater 12 months $2,151 $25,812 pumping services for Phase 2 shower trailer for up to 12 months Twenty five thousand eight hundred twelve '· (Price in Words) '. ) A-20 Provide rental service for (4) office 21 months $9,913.26 $ 208, 178.43 trailers (24x60) up to 21 months Two hundred el9ht thousand, one hundred seventy eight and fourty three cents (Price in Words) A-21 Provide rental service for (2) office 21 months $876.01 $18,398.16 . trailers (1 0x32) up to 21 months Eighteen thousand three hu'ndred ninety six and sixteen cents (Price in Words) A-22 Provide rental service for (1) office 12 months $438 $6,256.05 trailers (10x32) up to 12 months Five thousand two hundred fifty six and five cents (Price in Words) 0 Revised 6/12/18 Page 15 of 99 Contract No.~ PWS21-1507FAC Addendum No. 2 A-23 Provide rental service for ( 1) office 21 months $505.89 $10,623.61 , -, trailer (10x44) up to 21 months '-. _ _,/ Ten thousand six hundred twenty three and sixty one cents (Price in Words) A-24 Provide rental service for (1) office 21 months $908.36 $19,075.66 trailer (12x40) up to 21 months Nineteen thousand seventy five and sixty six cents (Price in Words) A-25 Provide rental service for (1) 12x60 12 months $1,678.78 $20,145.33 shower trailer up to 12 months Twenty thousand one hundred fourty five and thirty three cents (Price in Words) A-26 Provide rental service for storage 12 months $2,732.11 $32,785.31 trailers up to 12 months Thirty two thousand seven hundred eight five and thirty one.cents (Price in Words) A-27 Provide rental service for (1) 8x20 12 months $335,48 $4,025.76 , ,_ '· Conex box for (2) freezers and (1) I refrigerator for up to' 12 months '--...,./ Four thousand twenty five and seventy six cents (Price in Words) A-28 Remove (4) 24x60 office trailers 4 $1.1,917.50 $47,670 from site and terminate lease Fourty seven thousand six hundred seventy (Price in Words) \ A-29 Remove (2) 1 0x32 office trailers 2 $2,921.50 $5,843 from site and terminate lease Five thousand eight hundred fouity three (Price in Words) A-30 Remove ( 1) 1 0x32 office trailer 1 $2,921.50 $2,921.50 from site and terminate lea~ Two thousand nine hundred twenty one and fifty cents (Price in Words) 0 Revised 6/12/18 Page 16 of99 Contract No. ~ PWS21-1507FAC Addendum No. 2 A-31 Remove (1) 10x44 office trailer 1 $2,692 $2,692 ; ,..-' -\ from site and terminate lease I 1 ·~__,) Two thousand six hundred ninety two (Price in Words) A-32 Remove (1) 12x40 office trailer 1 $3,546.50 $3,546.50 from site and terminate lease Three thousand five hundred fourty six and Fifty cents (Price in Words) A-33 Remove (1) 12x60 shower trailer 1 $4,331.75 $4,331.75 from site and terminate lease Four thousand three hundred thirty one and seventy five cents (Price in Words) A-34 Remove storage trailers from site Lot $3,444 $3,444 and terminate lease Three thousand four hundred fourty four (Price in Words) A-35 Remove (1) 8x20 Conex box 1 $594 $594 / -• ' from site and terminate lease Five hundred ninety four (Price in Words) A-36 Remove ramps, stairs & utilities Lot $30,576 $30,576 and restore site to pre-conditions. Thirty thousand five hundred seventy six (Price in Words) ADD ALTERNATE SCHEDULE OF VALUES "B" Approxi- Item mate Unit Price Total Amount No. Description Quantity (Figures) (Figures) and/or Unit B-1 Provide 6pm -6am staffed 10 months $24,509.63 $245,096.28 security detail Monday -Friday and 24ll security staffing on Weekends/holidays. Monitor site for up to 1 0 months Two hundred fourty five thousand nintey six I and twenty eight cents \ (Price in Words) ' I \__ __ ./ 0 Revised 6/12/18 Page 17 of 99 Contract No . .11.lii PWS21-1507FAC Addendum No. 2 Total amount of bid in words for Schedule "A" Items No. 1-36 : f\Jine bundred fifty nine thousand two hundred twelve and fourty nine cents Total amount of bid in numbers for Schedule "A" Items No. 1-36: $959,21 2.49 ------------- Total amount of bid in words for Schedule "B'' Item No. 1: Two hundred fourty five thousand nintey six and twenty eight cents Total amount of bid in numbers for Schedule "B" Item No. 1 :_$_24_5_,o_96_.2_a __________ _ The City shall determine the low bid based on the calculated sum of the line Items in Schedules "A" and "B" above. Depending on total value, bid award may be based on either the Schedule "A" total, or the sum of Schedule "A" and Schedule "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 & 2 '3 has/have been received and is/are included in this bid . The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 450299 , classification s which expires on 7-1-22 , and Department of Industrial Relations PWC registration number 1000000421 which expires on 12-5-21 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved , no bid submitted shall be invalidated by the fa ilure of the bidder to be licensed in accordance with Californ ia law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm , or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _s_on_d ____________ (Cash , Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. l'\ •tr Revised 6/12/1 8 Page 18 of 99 Contract No. 4715 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _M~_O_r3_t _L..-~(' __ f'_~_O_D_v_L.-_J).._e: ___ _ (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of {P..kl p0/2-,..J I ~ (4) Place of Business 11 L-iC O M / '?'71 ll ,J g l,..,V D • " A I a A 1 11 "----1. i Street anp-+,J$ber) ~ 1 _, r-7 City and State __ l'f_ !_it-_,--__ V_v __ f_>-_.__L-_,_,,___v_ / __ r'>_;.._ _____ _ (5) Zip Code CJ t ,c; 7--Telephone No. oft; I, -; (t,0-~I ~ 0 (6) E-Mail M I l-w-P---[ZL--. reee6 I fl M fu '2-C-. l-0 t'-1 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Joi? µp..,-Jr-.Jt----f',z,£~,o~rJT /C_~_D _______ _ !(~111-\-?fZAff..-\/. P. 1V I l-, µJkW\L-1 ~~-\) · P. )Lf,J P~SH,-Ja ~ 0. P. ~e-liz_~~-1><-~-------- {~ •ff Revised 6/12/18 Page 21 of 99 Contract No. 4715 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Alameda County of _____________ _ July 29, 2021 Wendee Soto, Notary Public On _____________ before me,----------------------~ Date Here Insert Name and Title of the Officer Joe Han n a ----------------------------------------------------------------------------------------- person ally appeared --------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidenc~ be the person~ whose nam ?J({i'J)are subscribed to the within instrument and ackno~ed to me thalaitshe/they executed the same i~her/their authorized capacit~nd that b hi er/their signatur~n the instrument the perso~ or the entity upon behalf of which the perso~cted, executed the instrument. 1············, a WENDEE SOTO : Motary Publk · California : I Alamtda County ! Commtsston # 2337952 ~ • _ • :.v f:":· :::" ~ov.10,.20:• I Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: __ c_o_n_t_ra_c_t_o_rs_P_ro_p_o_s_a_l _________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Joe Hanna ~ Corporate Offi_c_e_r ---T-i-tl-e-(s-):--.p.,.,r=e~s.,...,1d'"'e~n~t-, C,..,...E..,.O-.-- □ Partner - D Limited □ General D Individual □ Trustee D Other: D Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ _ D Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ ~~~~~~~~~~~®ei~®e~~fflj~ ©2018 National Notary Association 5700 Las Positas Road, Livermore, CA 94551 Corporate Offices 925.606 .9200 • FAX 925.453 .3200 CERTIFICATE OF AUTHORITY 1 do hereby certify that Joseph Hanna is CEO of McGrath RentCorp and is authorized and empowered to make, enter into, sign, seal and deliver on behalf of McGrath RentCorp and its subsidiaries and divisions, contracts for the sale and rental of the Company's products and services. 1 do hereby further certify that said authority has been in effect since Mr. Hanna became CEO and has not been modified, amended or repealed and is in full fo rce and effect as of this date and that Mr. Hanna is duly elected CEO of McGrath RentCorp. So attested: July 29, 2021 Melodie Craft Vice President of Legal Affairs & Risk Management and Corporate Secretary McGrath RentCorp 1 ..... BIDDER'S BOND TO ACCOMPANY PROPOSAL CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 KNOW ALL PERSONS BY THESE PRESENTS: McGrath RentCorp dba . . . That we, Mobile Modular Management Corporation , as Principal, and Liberty Mutual Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of the Total Amount Bid 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: Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal Contract No. 4715 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Edith Garibay, Attorney-in-Fact (Print NamerTitle) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: -----6---------------Assistant Cit .~ \.1 Revised 6/12/18 Page 23 of99 Contract No. 4715 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On OJ --0·1-i). oa I before me, Kim Heredia , Notary Public Date Here Insert Name and Title of the Officer personally appeared _E_d_it_h_G_a_r_ib_a_y ________________________ _ Namejgf of Signer.(ef ---------------------------------·--------------- who proved to me on the basis of satisfactory evidence to be the perso~ whose name~is/afef"' subscribed to the within instrument and acknowledged to me that .be1'shef.1Re1 executed the same in ,.tws/her/~ authorized capacity~ and that by _biS7her/t;be'trsignaturej8(on the instrument the persorua(, or the entity upon behalf of which the person-'8(acted, executed the instrument. KIM HEREDIA Notary Public -California I Orange County Commission # 2268985 My Comm . Expires Dec 1, 2022 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .,..t:',J:::J ~ Kim Heredia Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docurrient a...'"'~ ~ Title or Type of Document: \2 \ <.\.d..e <" \"J u .L..!c:j._ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ = Corporate Officer -Title(s): ______ _ C Corporate Officer -Title(s): ______ _ = Partner -= Limited :=i General u Partner -=:J Limited = General = Individual X: Attorney in Fact =:: Individual =:: Attorney in Fact = Trustee = Guardian or Conservator ;:::; Trustee =:::l Guardian or Conservator □Other: ______________ _ 0 Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 \ / L-LiheriJ. P Mutual. Toll Power of Attorney 1m1t1 the acts of thole named herein, and they hml no authorty to bind the Company except In the fflllll'l8I' and to the extent herein ltated. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY CerlHlcete No: 8205133-024013 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance ~ is e corporalloo duty org!llized under the hMs of the Stale of New Hampshire, thet Lilerty "'1tual Insurance CompMy Is a corpaaloo ckJly orgaraed under Iha ia.s of the Stale of Massadlusetts, 11'\d West Ameocan Insurance Comp!lly Is a ccrporallon duly OfQ!lllzed under the laws of the stale of lndlana (hereil1 col1ecllvely caled lhe "Complllleei, pursuant kl and by llllhortty hereil set forth, doee hereby mme. coostitute mid appant, _Edith_· __ _ Ganl,ay, Eugene T. Zondlo, Kim E. Heredia all of Iha city of Irvine slate of CA each lndlvldualy If ihere be mae than one named, Its true 111d lawhll ellomey-il-fac:t kl make, exerute, seal, a::knowledge ll!d cleilwr, for and on Its behalf as surety and as Its act 011d deed, f!IT'J and al undmaklngs, boods, recognlzmces and other 8l!"ety oblga!lons, In pursulllCB of these pr8!l8llls and shal be as bildlng upon the Companies as If they have been duly signed by the president 111d allesled by the secrelfl}' of the Companies In their CMl1 proper persons. IN WITNESS WHEREOF, this Power of Attorney has been stESa1bed by 111 authorized officer or offlclal of the ~Jes and the CQ'J)Ol'ete seals of the Con,;ianles have been affixed thereto !his ~ dB'/ of April , ~- l.Alerty t.trtuai Insurance~ The Olio Casumty Insurance Canpany West American Insurance Company a ~,Mfr u _ e! ------'---'--David M. Qrey, Asslstmrt Secrmry g-!g :t:! a, Stale of PENNSYLVANIA ---S :::, County of MONTGOMERY 58 c: E 0 ~ On !his !st day of • , 2021 before me persooally appeared David M. Ca-ey, who ackncMledged hinself kl be the Assislllrt SecreleJy of LRlerty t.trtual Insurance j ._ ~ Company~ Cssualy , ~ Americen Insurance Compmy, 111d that he, as such, being autha1zed so lo do, execute the fcregolng Instrument fa-Iha purposes i ::9 ~ Iii therein contaiJed l?Y signing on behalf of !he COlpOI aliol IS by himself as a dtiy lll1horlzed officer. > ! } IN WITNESS WHEREOF, I hlMI hereiJlto stblalJed my name and afDxed my llOlarlal seal et King of Prussia, PennsylYanla, oo lhe day 111d year tlrst allow wrben. ~ : j 10· :~\ .. :4:'-~::--By, ~ ' /ltil, ij C: ~ :$.. ..1. Cmrrilllon runl>!r112604-4 ;1-~:...__--=----:-::---,,,....,...---::-.,..,,...---------11~ .._ a, ~ --~-"-TeresaPastella,NotaryPubllc o il ... ~ .g' S This Pa.var of Alklme'/ is made 111d BX8aJled pursumt to 111d by authollty of the fatowiig By-18.¥8 and Authonzallons of The Ohio Casualty lmuance Company, Liberty Mutual ~ ~ ~ .5_ Insurance Compllly, and West American Insurance Company which resolullons are 00/l ln iJII force and effect redlg as folJCMS: ~ .!! ARTICLE IV-OFFICERS: Section 12. Power of Alttmey. 0 2, e Any ofUcer or other ofllclal of the Corporatloo authorized fa-thet PI.IJlOS8 kl M1ti1,i by the Chaimlll or the President, and sub}act to sud! fimlalloo as the Chairman or the ..- President may prl!SCl!be, shall appdnt such attcmeys-ln-fac as may be necessary to oc:t In behlif of the Co!poralloo lo make, execute, seal, acknowledge and deliver as s1.l"8ty la ~ any and a! undertaklnga, boods, recogulzances and oiler surety obllgallons. Such attomB)'Hl-facl. subject to the llrrilalloos set forth In their respective p0Ml"S of attorney, shal B have ftJ power to bild Iha Corporation by their ~nature 111d 8X80Jllon of f!IT'J such Instruments and to attach thereto the 9881 of the Corporslon. When so exearted, such ..8 i Instruments shall be as bklclng as If signed by the President and attested to by the Secretary. MY pCUS" or authority granted to any representalfYe or attorney-In-fact under the !.- provlsloos of !his lltlcle ITl8'f be revoked at mrt time by the Board, !he Chalrmlll, the President or by the offlcer or offlcool granli!g such pe,,,u-or autholfty. 0 ARTICLE XII -Execution of Contracta: Secllon 5. &ray Bonds and Undertakilgs. My officef of the Con1>ooY authol1zed for that p!l"pOS8 kl writing by the charm!ll a-the president. 111d sutjecl to such llmttetlons as the chaimlll a-the presld81t may prascrlle, shall appoiJI such attomeya-f n-fact, 811 may be necessary ID oc:t In behalf of the Company ID make, execute, 11881, ackoo,lledge and deliver as surety any and al llldertaklngs, bonds, r8C()IJlllzance and olhe" surety obllgallons. Soch ~n-fact subject ID the lmltalloos set bth In their respective powers of altomey, shaJ have full pCMer to bind the Compllly by lhar slgnalure and execullon of f!IT'J such lnstn.ments and lo attach thereto the seal of the Company. 'Mien so execuled auch lnslrurnents shal be 811 binding as If sql8d by the president and ettesled by the 88a'8tlry. Cer11flcata of Dalgnatlon -The President of the Company, acting l)\nUllllt to the Bylaws of the Company, aulhol1zes David M. Garay, Assistant Secretary lo appcint such attomeys-il- fact as may be ll8C8SSclY to act on behalf of Iha Compllly to make, execulB, seal, acknowledge and dellver as st.rely f!IT'J and all under1aki1gs, boods, recognlzlllces and olha-surety obligetklns. Authorlzltlon -By Wl81lfmous cmsent of the Comp!l1y's Bo!ld of Dlrecttn, the Company coosents that fa::slrr63 or mechanlcaly reprockJced BqteliJr8 of any asslslant secretary of the Company, whereYer ~ upon a aJtllled copy of any power of ettomey Issued by the Company In coonectlon with Nety boods, shall be vli!d and binding upoo the CompMy with the same force 111d effect as lh<Xql lll!llually afflxed. I, Renee C. Llewellyn, !he Wlde"slgned. Assistant Secretary, The Ohio Cesualy Insurance Company, LJberty Mutual Insurance Compllly, and West American Insurance Compllly do hereby certify that the orlglnal power of ettomey of lllhlch the b'egolng Is a fuU, true and C008CI cq>y of Ille Power of Allomey executed by slid Companies, Is In full fo!w and effect and has not been revoked. IN TESTIMONY WHEREOF, I have ~to set my hand and afllxed the seiw of said Canp!llles this~ de'/ of July , ~- ~,~,,,,._ Renee . ' Asslsiiint Secretiij LMS-12873 LM1C OCIC WAIC Mull Co 02/21 C£11Jllf'CMIIA AILl!.AP11Ul~IE £eU0Wfi.lEIOlQDWigOO'll' CML CODE§ 1189 . . . . . A notary public or other officer cornplethig this certificate ver!fles only the Identity of the lndMdual who ·signed the document-to which this certfflcate Is attached, and not the truthfulnass, accuracy, or validity of that document · State of Callfo~ia , ) Cou~of '-/(J,./ Jk12-,.;/J/20.wtJ ) On~-Cl, Zdzl before me, J,A;r,usc,, lu./,0 11/of ~'lf /?u~ be- Date O I f' Here Insert Name and 77tfe of the Offic_er personally appeared {\. y1Anl Ufl{)IJ tJE/.. t.. Name(s) of Signer(s) ·wt,o proved to me· on the basis of satisfactory evidence to b~ th?erson~ whose name{Sf &s,re ~-scribed to the within Instrument and acknowledged to me that she/they executed the same In ~er/their authorized capactty(ies,, and that by~er/their slgnatu on the Instrument the perso~, or the entity upon behalf of which the perso~) acted, executed the instrument · I certify under PENAL TY OF PERJURY under the laws c, of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ~tiuf/74 Signature of Notary Publ/c Place Notary Ssal Above -----~----------OPTIONAL-~--~------..--...--- Though this section Is optional, completing this information can de~r alteration of the document or · fraudulent reattachment of this form t1 an unintended document. Description of Attached Document J3 ~ /1 _ / ' 72 _ , T.rtle or Type of Document: I cf/ Cf --trS £,,JOV ..£) Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named f.bove: ______________________ _ Capacity(Jes) Claimed by Sfgner(s) Signer's Name: ___________ _ Sigher's Name: ___________ _ □ Corporate Officer -TJtle{s): ______ _ D Corporate Officer -Title{s): _, _____ _ □ Partner -D Limited D General □ Partner -D Limited D General □ lndMdual □ Attorney in Fact D Individual □ Attorney in Fact □ T_rustee □ Guardian or Conservator D Trustee □ Guardian or Conservator □Other: _____________ _ D Other. _____________ _ ~lgner Is Representing: ________ _ Signer Is Representing: ________ _ J.,i lfflit.JMJlif~E sw.zg;.c i:ill WWW4W-OJi.CiiJi-~:iiM~ ©2015 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", ·contract', ·contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Or- ganization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. . CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 20 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid- der's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent- age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE". When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid Item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than twenty percent (20%) of the work with its own forces. Determination of the sub- contract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure " forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 0 Revised 6/12/18 - Page 24 of99 Contract No. ~ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half Of or p ent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Plumbing CRP Plumbina Co. 909-307-6255 1000007536 741055 C36 $82,732 Redlands CA. 92375 chuck@crpplumbing.cc m IT/ Phone Infinite Technologies 760-798-3900 1000049464 1026676 $111 ,688 Data San Marcos, CA 92078 di(ci)infinitetechnolooiE s.com Ramps & Steps Quick-Deck Inc. 949-230-2006 1000012715 1030653, C61/D34 $88,534 Locust, NC 28097 tbora@auick-deck.cc m Sewer tanks & So Cal Industries 626-945-0892 I oo o ooz..y 1-z_ N/A $66,086 Pumping City of Industry, CA Leslie.Gomez@ SoCalindustries.com Temp Power Power Plus 760-839-9430 1000624421 980589 B/C10/C61/D31 $57,951 Escondido, CA 92025 JDownino@oowerplL s.com Trailer Install Russ Pene Construction 909-645-3508 1000049947 822982, B $162,318 p ,c:c:,:,1----~ r~m Page _1 __ of _1 __ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l'\ • ., Revised 6/12/18 Page 25 of 99 Contract No. 4715 -BIDDER'S STATEMENT OF TECHNICAL ABILITY· AND EXPERIENCE (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name. and Phone N9 .. Amount Contract• : of the Employer ' of Person to Type of Work of Comcleted Contract Contract . See the attached. ' .) 0 Revised 6/12/18 Page 26 of99 Contract No. 41.15. mobile -modular Bidqer's Statement of Technical Ability and Experience For CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING AND REMOVAL CONTRACT NO. 4715 •Tri-Pointe Homes, Modular building lease and Install, $7501<, 5334 Aurora Rd-Fallbrook, Tiffany Finstad (858) 524-9835 •Blue-Star, Modular building lease and install $4001(, 1833 West Vineyard Ave-Oxnard, Kaleb Marshall (972) 497-4852 ; •G&C Equipment, Modular bulldlng lease and Install ,$250K, 1875 West Redondo Blvd-Gardena, Angelica Molina (213) 422-8188 •The Whiting Turner Company, Modular bulldlng lease and Install, $2501(, 1,000 Wlshlre Blvd-LA, John Flor (407) 466-7240 Page 1 of 1 BIDDER'S CERTIFICATE OF INSURANCE FOR ~ ,/ GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: □ Comprehensive General Liability □ Automobile Liability □ Workers Compensation □ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability In conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used In the performance of. the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 0 Revised 6/12/18 Page 27 of99 Contract No . .4Z1§. AE!:!,Rll CERTIFICATE OF LIABILITY INSURANCE I DA TE (lal.'llO(YYYYJ 7/28/2021 ~ I THIS CERTJACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCtES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITIJTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder la an ADDmONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of auch endorsement(s). PRODUCER SullivanCurtlsMonroe Insurance Services (LA) =,=• Josie Chartey 1920 Main Street PHONE 213 233-0428 1r~ .... ,-213 892-1593 /A,r, U-C_.\. Suite 600 ~~ ..... ·JCharlev®sulllcurt.com Irvine, CA 92614 INSIJAFRNII AFFORDlNG COVERAGE NAICI www.SulllvanCurtlsMonroe.com License # 0E83670 INSURER A : Hartk>rd Fire Insurance Comoany 19682 INSURED INSURER e : National Union Fire Ins Co Pitlsburnh PA 19445 McGrath RentCorp INSURER c: Liberty Insurance Underwriters Inc. 19917 DBA: Mobile Modular Management Corporation INSURER D: AGCS Marine Insurance Company 22837 5700 Las Positas Road Livermore CA 94551 INB\JRERE: IN<tl IRER F : COVERAGES CERTIFICATE NUMBER· 83071928 REVISION NUMBER· THIS IS TO CERTIFY TI-IAT THE POLIClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREJN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COt-mmONs OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ ,_ POLICY EFF POUCYEXP TYPE OF INSURAHCI: l,uen lwvn POLICY NUMBER UIITS A L COMMERCIAL GEHERAL LIABILITY ✓ 72CESOF7559 4/30/2021 4/30/2022 EACH OCCURRENCE $1000000 D Cl.AIMS-MADE [Z] OCCUR Ded. $10,000 ~~?~••= S300 000 LL Contractual MED EXP (Any coo ,_,,,..,, $10000 LL XCU included PERSONAL & MN INJURY $1000000 <3EN'L AGGREGATE LIMIT APPLIES PER: GENERAL Af3C3REGATE s2,000,000 RPOUCY[Z]~~ [2J LOC PRODUCTS -COMP/OP AllG S2 000 000 OTHER: s B AUTOMOBILE LIABILITY 5425651 3/1/2021 3/1/2022 ~"!5~~Cll.E LIMIT s 1 ooo ooo I-- I LL AN'f AUTO HAPD -$100K ITmlt BODILY INJURY (P<r pera,n) $ -SCHEDU..ED OWNED BODtL Y INJURY (Per a.cadent) $ I--AUTOS ONLY I--AUTOS LL_ HIRED LL NON-OWi£!) ~~~~ $ AUTOS ONLY AlJTOSQt,I_Y Comp&Coll Ded:$250 Florido PIP -Total Ann S1Q 000 C LL_ UMBRELLA LIAB H~ 10000398713 -$SM Limit 4/30/2021 4/30/2022 EACH OCCURRENCE $50 000 000 ✓ EXCESS LIAB SEE ATTACHED AGGREGATE $50 000 000 DED I I RETENTION$ s B WORKERS COIIPENSATION ✓ WC015852320 (CA) 3/1/2021 3/1/2022 ✓ I sf~TUTE I I ~R B AND EMPLOYERS' LIABILITY Y/N WC015852321 (AOS) 3/1/2021 3/1/2022 ANYPROPRIETOR/PARTNERIEXECUTIVE ~ E.L EACH ACCIDENT S 1 000 000 OFFICER/MEMBEREXCWDED? N/A (Mandato,y In NH) E.L DISEASE -EA EMPLOYEE $1 nnf1 Mn ~~ ~OPERATIONS b9W E.L DISEASE -POLICY LIMIT S1000000 D Tenant Llab!Trty MXl93076389 4/30/2021 4/30/2022 · $1,000,000 Limit/ $25,000 Deductible DESCRIPTION OF OPERATIOHS / LOCATIONB /Vl!IGCLes (ACORD 101, Addltlonal Remarlm 8chedula, may be atlllched If mon ~ la raqulred) Re: All Projects with the ~ The City o Carlsbad, Its o s, employees and volunteers are named as addltlonel Insureds per attached forms. Coverage Is =e'l, and non-contributory. Waiver of Su n applies per attached forms. 30 day notice of cancellation per attached forms. CERTIFICATE HOLDER · , City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WR..L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTilORIZED REPRESENTATIVE c· \. .. " , ~ _ C~ , ... ,.., ~ _ '/ IL ____ L,_r ___________________ -L.:..Jes=sl=-=ca=-=Lu=nd=------~-----u"""' ____ -----______ _. @1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 63071928 I MCGRAREN1 I 21-p April GL lJIOb 21-22 March Auto/KC I Joeie Charley I 7/28/2021 9,31,43 AM (PDT) I Page 1 of 12 ✓ / AGENCY CUSTOMER ID: _M_C--'G'-RARE-'---'-'-'N_1 _____________ _ LOC #: ______ _ ______, ACORH \c._:...----ADDITIONAL REMARKS SCHEDULE (~ SulllvanCurtisMonroe Insurance Services (LA) POLICY NUMBER CARRER ,~COOE ADDmONAL REMARKS THIS ADDmONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM mLE: Certificate of Uabruty (03116) HOLDER: City of Carlsbad/CMWD do EXIGIS Insurance Compliance Services ADDRESS: P.O. Box 947 Murrieta CA 92564 Excess Liability Carriers Continued: NAMED IHSUREO McGrath Rent9c>rn OBA: Mobile Modular Management Corporation 5700 Las Posltas Road Livermore CA 94551 EFFECTIVE DATE: Page Liberty Insurance Underwriters Inc. NAIC#l9917 Policy#l0000398713 Eff. 4/30/2021 - 4/30/2022 -- $SM Limit Steadfast Insurance Company NAIC#26387 Policy#AEC417431901 Eff. 4/30/2021 ~ 4/30/2022 $10M Limit RSUI Indemnity Company NAIC#22314 Policy#NHA2SlS60 Eff. 4/30/2021 -4/30/2022 $SM Limit Homesite Insurance Company NAIC#l7221 Policy#CXS13700970600 4/30/2021 -4/30/2022 $SM Limit Endurance Insurance Company NAIC#l0641 Policy#ELD30001663601 Eff. 4/30/2021 -4/30/2022 $SM Limit Aspen·American Insurance Co NAIC#43460 Policy#CX00CAG21 Eff. 4/30/2021 -4/30/2022 $20M Limit of -- ACORD 101 (2008/01) @2008 ACORD CORPORATION. All rights reserved. 11le ACORD name and logo are registered marks of ACORD ATTACHMENT 63071929 I ~ I 21-22 April GL Omb 21-22 March Auto/ltC I Joeie Charley I 7/29/2021 9:31143 AM (PDT) I Page 2 of 12 AGENCY CUSTOMER ID: MCGRAREN1 -------------------L OC #: --------~ ACORU L.--'" ADDITIONAL REMARKS SCHEDULE \ ,/AOENCY SulllvanCurtlsMonroe Insurance Services (LA) POLICY NUIIBER \ - CARRIER 1~COOE ADDmONAL REMARKS THIS ADDmONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of L/abillty (03/16) HOLDER: City of Carlsbad/CMWD c/o EXJGIS Insurance Compliance Services ADDRESS: P.O. Box 947 Murrieta CA 92564 Named Insured Continued: Mobile Facilities, Inc. DBA: Mobile Modular Portable Storage DBA: Kitchens To Go by Mobile Modular DBA: Tuff Box Containers TRS-Rentelco, Inc. DBA: TRS Environmental McGrath 180, LLC NAMED Mil.IRED McGrath Rent9ofp DBA: Mobile Modular ~ement Corporation 5700 Las Posltas Road Uvermore CA 94551 EFFECTIVE DATE: Page :, of ---- ACORD 101 (2008/01) @2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 63071928 I MCGRAJra!ll I 21-22 April GL Omb 21-22 March Auto/KC I JOilie Charlay I 7/28/2021 9,31:43 AM (POT) I Page 3 of 12 McGrath RentCorp DBA: Mobile Modular Management Corporation 4/30/2021 4/30/2022 POLICY NUMBER:nCES0F7559 7/28/2021 COMMERCIAL GENERAL LIABILITY CG 2012 0413 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -STATE OR GOVERNMENTAL . AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS This endorsement modifies Insurance provided under the followin~: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or SubdMslon Or Political Subdivision: Anv and all addltlonal Insureds required tiY. written contract or wrftten agreement or required by a permit Issued by a state or polltlcal sulxllvlslon Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured Is amended to Include as an additional Insured any state or governmental agency or subdivision or polltlcal subdivision shown In the Schedule, subject to the following provisions: 1. This Insurance applies only with respect to operations perfom:ied by you or on your behalf for which the state or governmental agency or subdivision or polltical subdivision has issued a permit or authorization. However. a. The Insurance afforded to such addltlonal insured only applies to the extent permitted by law; and b. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additlonal insured wlll not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily lnjuryn, "property damage" or "personal and advertising inJUlf arising out of operations performed for the federal government, state or munlclpallty; or b. "Bodily injury" or "property damage" Included within the "products-completed operations hazardn. B. With respect to the Insurance afforded to these additional insureds, the following is added to · Section Ill -Limits Of Insurance: If coverage provided to the addltlonal Insured Is required by a contract or agreement, the most we wlll pay on behalf of the additional Insured Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whlc:hever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. CG 2012 0413 @ Insurance Services Office, Inc., 2012 Page 1 of 1 63071928 I MCGRARE!il I 21-22 April GL lJmb 21-22 March Auto/WC I Josie Charlsy I 7/28/2021 9,31,43 AM (PDT) I Page 4 o~ 12 McGrath RentCorp OBA: Mobile Modular Management Corporation 72CESOF7559 (3) Any manager, If you or the additional Insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured Is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectlble insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance is primary except when b. below applies. If other Insurance Is also primary, we wlll share with all that other insurance by the method described In c. below. b. Excesslnsurance This insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 7/28/2021 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I, -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other Insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an ·addltlonal Insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance Is primary if you have agreed In a written contract or written agreement that this Insurance be primary. If other Insurance Is also primary, we will share with all that other · Insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement, or permit that this Insurance ls primary and non- contributory with the additional insured's own Insurance, this insurance is primary and we will not seek contribution from that other Insurance. HG00010916 63071928 I MCGllARmJ. I 21-22 April GL tJmb 21-22 M&rcll Allt.o/WC I Jo■ie Charley I 7/28/2021 9:31,43 AM (PDT) I Paga 5 of 12 Paragraphs (a) and (b) do not apply to other Insurance to which the additional Insured has been added as an additlonal Insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the Insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the lnsured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance penntts contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. ( If any of the other Insurance does not pennit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit ' a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium Is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The fi~ Named Insured must keep records of the Information we need for premium HG 00 01 0916 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the DeQlaratlons are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards · relating to the conduct of your business that exlst at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each Insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of , recovery against any person or organization for all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, rprovided the insured waived their rights of recovery against such person or organization In a contract, agreement or pennit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mall or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 63071928 I MCGRAAEm. I 21-22 April GL Omb 21-22 March Auto/KC I Joeie Charley I 7/28/2021 9:31:43 AK (POT) I Page 6 o~ 12 McGrath RentCorp OBA Mobile Modular Management Corporation 72CESOF7559 7/28!2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days In advance of the cancellation effective date to the certificate holder(s) with malling addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with malling addresses on file with the agent of record or the Company. Form IH 0313 06 11 If notice is mailed, proof of mailing to the last known malling address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate . of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall Impose no llablllty of any kind upon the Company or its agents or representatives. Page 1 of 1 © 2011, The Hartford 63071928 I MCGRAREli1 I 21-22 April GL Ud> 21-22 March Auto/WC I Josie Charley I 7/28/2021 9,31,43 AM (POT) I Page 7 of 12 McGrath RentCorp 7/28/2021 OBA: Moblle Modular Management Corporation ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2021 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has is~ued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. il~uv. o, Countersl_gnature (In States Where Applicable) , 74445 (10/99) 63071928 I MCGRAJU:m. I 21-22 April GL 1Jmb 21-22 March Auto/lOC I Jot1ie Charley I 7/28/2021 9,31,43 AM (l'll'l') I Page 8 of 12 McGrath RentCorp 7/28/2021 DBA: Mobile Modular Management Corporation ENDORSEMENT This endorsement, effective 12:01 A.M. 03/0112021 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, A. -Loss Conditions, 5. -Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organlzatlon with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" If: (1) The Raccldent" or •Ioss" is due to operations undertaken In accordance with the contract existing between you and such person or organlzatlon; and (2) The contract or agreement was entered Into prior to any "accident" or •IossR. No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. 62897 (6/96) 63071929 I MCGRARE?n I 21-22 April GL IJllb 21-22 March Auto/ltC I Josie Charley I 7/29/2021 9r3lr43 AM (PDT) I Page 9 ot 12 \ I / McGrath RentCorp OBA Moblle Modular Management Corporation 7/28f2021 ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2021 forms a part of Policy No. 5425651 issued to By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy Is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date Is prior to this policy's expiration date; 2. the First Named Insured Is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this Information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the • Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such Information to the Insurer; provided, however, that If a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement-does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Nameci Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the Insurance company shown in the header on the Declarations p11ge of this policy 107414 (03/11) 63071928 I MCGRAltENJ. I 21-22 April GL o.i, 21-22 March Auto/10C I Josie Cll&rley I 7/28/2021 9,31,43 J\H (PDT) I Page 10 of 11 7/28/2021 BLANKET WAIVER OF OUR RIGHT TO RECOVER FRO~. OTHERS ENDORSEMENT I -"- 1\.. ) This endorsement changes the policy to which it is attached effective on the Inception date of the policy unless a different date is indicated below. (The followlng "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 03/01/2021 forms a part of Policy No. WC015852320 (CA) Issued to McGrath RentCoro DBA Mobile Mooolar Management Corporatlon By NATIONAL UNIO~ FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Authorized Representative 63071928 I = I 21-22 April GL Utob 21-22 March lwto/l<C I Jone Charley I 7/28/2021 9,31,43 AM (PDT) I Page 11 of 12 ( \ 7/28/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following • attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the pollcy). This endorsement, effective 12:01 AM wg~~~~ forms a part of Policy No. ~88lri&~ !~) Issued to McGrath Renl.9orP DBA: Mobne Modular Management Corporation ,By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellatlon effective date is prior to this policy's expiration date; 2. the Named Insured or, If applicable, any other emplqyers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy Is\ canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this Information after the Named Insured receives notice of cancellation of this policy and prlor to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the" Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such Information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the lnsu?er emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this ef\~Orsement. This endorsement does not affect, In any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown In the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. WC 99 00 56 (Ed. 04/11) AUTHORIZED REPRESENTATIVE 63071928 I MCGRARRNl I 21-22 April GL lJl!lb 21-22 March AUto/lfC I Joeie Charley I 7/28/2021 9:31:43 AM (PDT) I Page 12 of 12 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: \'1\~b\~ I / Page _I_ of _J_ pages of this Re Debarment form l' •fi Revised 6/12/18 Page 28 of 99 Contract No. 4715 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board , P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Wor'1..,er been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _I_ of _Z__ pages of this Disclosure of Discipline form {'\ •fi' Revised 6/12/18 Page 29 of 99 Contract No. 4715 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: By: -----::~=....._--=:J--+-\-------- (si n here) 14~na£w:~ Page __ l _ of Z, pages of this Disclosure of Discipline form ('\ •fi Revised 6/12/18 Page 30 of 99 Contract No. 4715 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 The undersigned declares: , fY)~ulcr I am the Q-s("") of <Y'l::::b 1 \..t. , the party making the foregoing bid . The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation . The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid , or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor- mation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid , and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the Stat~ of California that the foregoing is true rfinQ\ correct and hat this declaration is executed on (I:ul :'.:) 6 -\\--, 20.1J._ at ~\ rnb [city , ___,..___ [state]. ('\ +i Revised 6/12/18 Page 31 of99 Contract No. 4715 CONTRACT PUBLIC WORKS This agreement is made this ~ \ rt"" day of ~~ , 2021, by and between the City of Carlsbad, California, a municipal rporation, (hereinafter called "City''), and McGrath Renteorp d.b.a. Mobile Modular Management Corporation, a California corporation whose principal place of business Is 5700 las Positas Road, Livermore, CA 94551 (hereinafter called "Con- tractor'} City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for. CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 (hereinafter called "project'1 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-collusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifi- cations and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are 'incor- porated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 0 Revised 6/12/18 Page 32 of99 Contract No . .4lli 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor ·by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditic;ms, Including underground conditions and has not relied on Information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the.following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physlcal Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has de~rmlned the general prevailing rate of per diem wages In accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying pay- roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 0 Revised 6/12/18 Page 33 of 99 Contract No.~ 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether Intentional or otherwise, and Contractor will pay all costs, inclµding defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claim~ for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said Insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence• basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required oc- currence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the state of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (8) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liablllty Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc- \. ~ uments attached to the certificate of insurance; one for each company affording general liability, and 0 Revised 6/12/18 Page 34 of99 Contract No. ~ ) employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage ·or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductlbles and Self-Insured Retention (S.I.R) Levels. Any deductibles or self-insured reten- tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptablllty of Insurers. Insurance Is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as ·admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City CounGil Policy# 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and orig- inal endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is Included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General. Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Californla Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit 0 Revised 6/12/18 Page 35 of 99 Contract No. ~ for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information . (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32 .028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above.~ init ____ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash , cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. l' • ., Revised 6/1 2/18 Page 36 of 99 Contract No. 4715 • • 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED CITY OF CARLS I corporation of the State o · By: ----4-..!../f,,,,&4,U__;_~;i..a,...------r ATTEST: ~U)VIA~JP for Faviola Medina, City Clerk Services Manager By:--------------(sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER l'\ • ., Revised 6/12/18 Page 37 of 99 Contract No. 4715 ( ) '--...--/ 5700 Las Posltas Road, Livermore, CA 94551 Corporate Offices 925.606.9200 • FAX 926.453.3200 CERTIFICATE OF AUTHORITY . ' I do hereby certify that Joseph Hanna is CEO of McGrath RentCorp and 'is authorized and empowered to make, enter into, sign, seal and deliver on behalf of McGrath RentCorp and its : subsidiaries and divisions, contrac~ for the sale and rental of the Company's products and services. I do hereby further certify that said authority has been in effect since Mr. Hanna became CEO and has not been modified, amended or repealed and is in full force and effect as of this date and that Mr. Hanna is duly elected CEO of McGrath Re11tCorp. So attested: July 29, 2021 Melodie Craft / Vice Rresident of Legal Affairs & Risk Management and Corporate Secretary McGrath RentCorp 1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Alameda County of _____________ _ July 29 , 2021 Wendee Soto, Notary Public On _____________ before me,----------------------~ Date Here Insert Name and Title of the Officer Joe Ha n n a ----------------------------------------------------------------------------------------- person ally appeared --------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidenc~be the person whose name to the within instrume9t and acknow~ed to me tha~e/they executed the same in authorized capacity~s), and that b~er/their signature¢} on the instrument the perso upon behalf of which the persorf) acted, executed the instrument. re subscribed is/ er/their ), or the entity Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: Contract -Public Works Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Joe Hanna ~ Corporate Offi_c_e_r ---T-i-tl-e-(s-):--rp..,..,r=e~s""'1d""'e~n=t-, C,...,,...E....,.0.....--Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association Bond no. 024250799 Premium: Included in Performance Bond. LABOR AND MATERIALS BOND WI-IEREAS, the City of Carlsbad, state of California, has awarded to McGrath RentCorp d.b.a. Mobile Modular Management Corporation, a Galifomia corporation (hereinafter designated es the "Principar1, a Contract for: CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4716 In the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file In the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference. WI-IEREAS, 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, McGrath RentCorp d.b.a. Mobile Modular Management Corporation, as Principal, (hereinafter designated as the "Cqntractor"), and Liberty Mutual Insurance Company es Surety, are held firmly bound unto the City of Carlsbad In the sum of one million two hundred four thou- sand three hundred eight dollars seventy nine cents ($1,204,308.79), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Clvil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, In case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Clvll Code section 9554. This bond shall Inure to the benefit of any of the persons named in Galifornla Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect Its· obligations on this bond, and It does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the ( "! specifications. '-_j O Revised 6/12/18 Page 38 of99 Contract No. ~ In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___.2=6=t ...... h ___ day of _J_ul..._y _________ , 2021 McGrath RentCorp dba Mobile Modular Management Corporation (SEAL) Liberty Mutual Insurance Company (Surety) (SEAL) &J -By:----.......,.._,_.-,-~-------'\. b \ _ (Signature) ~ e_\~(\f1'.,B'~\dRk\t 00 (Print N~me & Title) By: __ -1-----.,---= .......... ~------~ Edith Garibay Attorney-in-fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. REWER City Attorne By: .~ \i1 Revised 6/12/18 Page 39 of99 Contract No. 4715 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Alameda County of _____________ _ July 29 2021 Wendee Soto, Notary Public On ____ ' ________ before me, ____________________ _ Date Here Insert Name and Title of the Officer Joe Hanna personally appeared --------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nam~are subscribed, to the within instrument and acknow~ed to me tha(fi;)she/they executed the same i~her/their authorized capacity~. and that b~er/their signatur~n the instrument the perso~ or the entity upon behalf of which the perso.P('S(acted, executed the instrument. ~············1 .. WENDEE SOTO : Notary Public • California : I Alam~a County ~ Commission t 2337952 i O 0 0 ;/ ;;m;· !;P::;0:,20;]0:.,• I Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _L_a_bo_r_a_nd_M_a_t_e_ri_a_ls_B_o_n_d _________________ _ Document Date: July 29· 2021 Number of Pages: ____ _ Signer(s) Other Than Named Above: __ N_o_ne ____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Joe Hanna ~ Corporate Offi_c_e_r ---T-i-tl-e-(s-):---r,p=re~s""1d=e~n=t~, ..,.C""E....,o.....----Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 01" L,.(o -Ao;).\ before me, _K_im_H_er_e_di_a_, _N_ot_a---'-ry_P_u_b_lic _________ _, Date Here Insert Name and Title of the Officer personally appeared _E_d_it_h_G_ar_ib_a_y ________________________ _ Namefef of Signer.fgf who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~s/~ subscribed to the within instrument and acknowledged to me that l;)efshel.t,J;l,e9 executed the same in _ptS/her/iRetf authorized capacity~ and that by J;Hs7her/tbeirsignatureJ.aron the instrument the persorl(,8(, or the entity upon behalf of which the person-'8(acted, executed the instrument. KIM HEREDIA • Notary Public • Californi1 z ~ , !. Orange County ·• commission# 2268985 My Comm. Expires Dec 1, 2022 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~1 C" ....:__::, Kim Heredia Signature of Notary Public ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ = Corporate Officer -Title(s): ______ _ C Corporate Officer -Title(s): ______ _ ::= Partner -= Limited l General ~ Partner -:J Limited = General = Individual K: Attorney in Fact = Individual = Attorney in Fact = Trustee = Guardian or Conservator = Trustee = Guardian or Conservator CJ Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ~LiheriJ. \P Mutual. SURETY Tin Power of Atloffl8'/ lldl the ldl of thole named herein, and they have no authority to bk1d the Company except In the nwmer and to the extant herein ltltecL Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certlllca!eNo: ~133-024013 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance CompilTy la a c:apoiatla, d1'y organized under the llMs of Iha Slate of ta Hampshi'e, Iha: Liberty Mutual lnsurmce ~ Is a corpaalloo duy organized lllder the Ian of the Sta of Massacl1118811s, and West Ml8l1ca1 lnBurance canpooy Is a c:apol'8!loo duly otgllllzed under the laws of the Stale of lrdalla (herein collecllYely callad the "Compcllles'), ptnU8llt to and by IUhaty herein set forth, does hereby name. conslllute and appant. _Edi_._th __ Garibay, Eugene T. Zondlo, Kim R Heredia el of Iha city of Irvine slale of CA each 1nclvlduaiy If thEre be more than ona named, 118 true and lari.d mtaney-kl..fact to make, execute. seal, aclalowledg8 irid deivii, fir Md on Is behaf as IUTfJty and as tis ad and deed. ffiY and ~ l.lldei ls«li .gs. bends, recognizances and olher llll'8ty cbllge!lons. In pur8U8llC8 of these presenls 111d ahall be as biulilg upon Iha Companies as If they have been duly sliJned by the president and alleslad by Iha secr8lay of the ~ In their own proper persons, IN WITNESS WHEREOF, this Power of Nbref has been aubsal>ed by an IUhorlzed oilk:er or offlclal of the ~las and Iha caporsla seals of the ~les have been affixed thereto this _!st_ day of Apn1 , ~- Liberty Mulual lns\DllllC8 Company The Ohil CasuaRy murance Company West PlnerlclKt lnstnnce Canpany i .,,h:f :~~ -e -----------David M. Ca:ey, Assistart Secretary g ~ :t:: a, state of P~SYLVANIA ·-'S ::, Comty of MONTGOMERY ss § E 0 ~ On this 1st day of ~ , 2021 befa"e me persOOliJy appeared David M. Cny, who acknowlqed hlmsef to be the Assisl!IJt Secretary of Lll8rty Mutual lnsunrlce ~ ~ g? Cornpllly---;-'flieohk) Casuahy , ~ Amulcan nstmlC8 Compllly, and thal he. as such, being whcmed so to do, execute the foregoing Instrument for Iha pwposes :.... :m ai therein conlailed by si!,1ilg on behaf of hi capaalloliS by lwnsel as a dtJy ooOlorlzed officer. > o::: r= :§ IN WITNESS WHEREOF, I llaw her8ooto subsalbed my name and aflxed my nairlal seal at Kilg ri Prussia. Pennsylvlllla. an Ile day and yoor ht above WIiien. 21 ~ 12,I' PAs_,., Iii 'JT ~ ~ T..---, NolBry N>llo 5' /) CD "!ii , • ~a~NII'~ ~o1Plmlytwn!a-Nolllry9olll . ti~ ,-; OF ,.,,(l)lllfM)fl~ c::28. 2025 By: ~ ~ ~ i C: I!! ConrmlioorlJ!Tb«112604-4 ----=,---=--,,-,---.,,,.-e--,,----------1:t=l .,,_ ~ 1 ~ ~ ,._, ~-01--Teresa Pasuja, Noay PIEllc < ~ ~ This Power of Attaney Is made and 8lC8CUted ptlsuant to and by authorl!y of Iha folow!ng By-llMs and Aulhorlzallons a The Ohio Casualy Insurance Company, Lllerty r.tJtual I ~ ~ .5:_ lllUlllC8 Canpilly, and West Amel1call lnsinnce C0l11>BnY whk:h reaolullons are no,r In full foo:e 111d effect reoolng as ~ ~ .__ CD ARTICLE IV -OFFICERS: Section 12. f'oMlf ri Attorney. 5 ~ 'i!! My olllcer or oVler oll!clal of !he Capora!loo authorized b" that purpose In wrilng by the Charman or Iha Pr8llidoot, end subfect to such llml!atlOII as the Charman or the ..-- Prasklent may preecrlle. shall appolrt such attomeys-ln-a:t as may be ll8C8IIS8IY to act In behalf c:t Wie Corporalon to make. 8XBCUle, seal, aclalowledrJe end delver as surety ~ arry and a'I und!rtaklngs. bends, recognizances and 0011:1 surety obl1galk)ns. Such abney9-ln-kt. subject lo the liTVIBllcns eet bth In their respecllve powers c:l alklmey, ahaA "t:, ~ have Ml power lo bind Iha C<J"paalloo by their ~ 111d lllt8al!b1 of any such N1rument5 end to mtach lhere!o the seal of Iha Corporallon. When so exaculed, such § 3.l Instruments shall ba Bi binding as If aqied by Iha Presldert and allest8d to by !he Secrelmy. My power or IIJlhol1ty grooled 10 any repre1e11tafiva or allcmey-ln-fact ooder the :S pT!M8lons a 1h11 a1lcle may be revoked at any time by the Bead, Ile Chamlal, Iha President or by hi otlcer or offlcars i,anttng lllCh power or aifflollty. u. ARTICLE XIII -Execution of Contrects: Secllon 5. &my Bonds end Undertaldngs. My officer of the C<lnpany authorized for Iha: purpose In l'l!lllng by the chakman or the president. and NJject lo such linilmlon8 as the chamtal or Iha presldmlt may prescribe. shaD appoint such altomeys-ln-fact. as may be neceesary lo act In behalf of the Company lo make. execute, 98111. acknollledge and deliver as ll.f8ty any llld al Ullder1aklngs. bonds, recognizances 111d other strety obllgallons. Such all0meyHJ-fact sulJject to 1h11 llmlatlons set bth In their respedlve paMn of attorney, 8hal1 have U power to bind the Company by their slgnaue 111d execution ri any such lnslrumen!s and lo allach lherelo Iha 18111 of the Company. 'Mien so 8X8CUled such lnslruments shell be as blnclng as If DJll8d by the president and allesled by the secrellly. Certificate of Designation -The Presldlltt of the ~. acting pursuant lo lhe Bylawe of the Compilly, aulluxlzes [la\<ld M. eim,, AsslsllrTt Seaelary to eppcint such attom8'jS-ln- facl as may be nacesay to act on behaf of the Company b:> make, exacute. see!, acknowledge and deliver as w-ety any 111d al undertakings. bonds, recqinlzances llld onier surety oblgallons. Authorization -By unanimous consmt of Iha ~ Board of Dlreckn, !he Company consents that fll::sinlle or mechanlClily repro<Wld signature of any IISllstant secretaiy of Iha Company, wherever appeemg llJlOll a certiied cqiy of ffiY lll1o'l8!" of allomey Issued by the eon.,any In camedlon dh IUf8ty boods, atiall be veld and binding upon Iha Company with the same force and effect as !hough manualy afllxed. I, Renee C. Llewellyn, the ll!derslgned, AssislBnt Secrelmy, Toe ()llo Cas\dy Insurance Company, L..berty Mutual Insurance Company, and West American Insurance Company do hEreby certify that the original pa«er of allomay of 'tlhlch Iha faegoi1g Is a tun. true 111d correct cq,y of the Powel" of Atlcme)' exeruled by said Canpanies, Is in U bee and effect and has not been r8Y0ked. IN TESTIMONY WHEREOF, I haw herat!nta.set my hand and afBlcad the seals of sad Canparies this 2 6 t hiay c:l JU 1 y , 2 0 21 --~nU,,- By:~. AsslsiantSecreiiij LMS-12873 LMTC OCIC VIII.IC Ula Co 02/21 Bond no. 024250799 Premium: $8,726.00 FAITHFUL PERFORMANCE/WARRANTY BOND VVH EREAS, the City Council of the City of Carlsbad, State of California, has awarded to McGrath RentCorp d.b.a. Mobile Modular Management Corporation, a Califomla corporation (hereinafter designated as the "Principal'1, a Contract for. CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4716 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, McGrath RentCorp d.b.a. Moblle Modular Management Corporation, as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company a~ surety, are held firmly bound unto the City of Carlsbad in the sum of one mlllion two hundred four thou- sand three hundred eight dollars seventy nine cents ($1,204,308.79), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain In full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be Included costs and reasonable expenses and fees, Including reasonable attorney's fees, Incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. · Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 0 Revised 6112/18 Page40 of99 Contract No.~ > In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this __ 2_6t_h ___ day of July I 2021 McGrath RentCorp dba Mobile Modular Management Corporation (SEAL) (SEAL) (Principal) By:--~-----------'-------=-::.:.:_""'-=-_-- (Signature) Joe__ 1-\i..f\Nt , frtS·,dm [<50 (Print Name & Title) Edith Garibay, Attorney-in-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: ,, •;;' Revised 6/12/18 Page 41 of 99 Contract No. 4715 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~~~~~~~~~[.!@ffll~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Alameda County of _____________ _ July 29 2021 Wendee Soto, Notary Public On ____ . ________ before me,--------------------~ Date Here Insert Name and Title of the Officer Joe Hanna personally appeared --------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person;~) whose name~are subscribed, to the within instrument and acknowledged to me tha~she/they executed the same i~her/their authorized capacit~). and that by~er/their signatur~ on the instrument the perso~. or the entity upon behalf of which the perso9'8facted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy::r~ Signature __,,L.,c.~-_.,,._~.c.,c.. __ _,,.a.,c;:,,...c,..£._-==--='----- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance/Warranty Bond Document Date: July 29· 2021 Number of Pages: ____ _ None Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Joe Hanna ~ Corporate Offi_c_e_r ---T-i-tl-e-(s-): ........ P"""'re:ccs~id"'"e-=-n=t.-, "TC...,E"""'u.-.-- □ Partner -D Limited □ General D Individual o Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ _ o Partner - o Limited D General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ ~~~~®fi!:6@l~[J@l!~~:&ffi~~~~~~~~§$1~~i{fi;6~8:ffi~~llij®~~i@l~l!}fflli ©2018 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On O ] ,. U-dv9C1-:: \ before me, _K_im_H_e_re_d_ia_, _N_o_ta_ry'--P_ub_l_ic _________ _ Date Here Insert Name and Title of the Officer personally appeared _E_d_it_h_G_a_r_ib_a_y ________________________ _ Name# of Signer_fef who proved to me on the basis of satisfactory evidence to be the perso~ whose name~is/~ subscribed to the within instrument and acknowledged to me that .befshe~ executed the same in _.Pf5/her/J.l:l-elf authorized capacity~ and that by .J;Hs7her/tbet(signature..£aron the instrument the perso~ or the entity upon behalf of which the person.(s(acted, executed the instrument. KIM HERE0lt. Notiry Public • California f Orange County Commission# 2268985 My Comm. Expires Dec 1' 2022 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J/ c/;=J . c:::::::> Signature cl(' Kim Heredia Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ = Corporate Officer -Title(s): ______ _ C Corporate Officer -Title(s): ______ _ = Partner -:-Limited =i General :::::; Partner -= Limited = General = Individual X: Attorney in Fact = Individual r:::: Attorney in Fact = Trustee = Guardian or Conservator = Trustee =:J Guardian or Conservator :::l Other: ______________ _ u Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 OPTIONAL ESCROW AGR~EMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement Is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City'' and whose address is ---------------------------hereinafter called ----------------------------"Contra ct or" and whose address is ---------------------- hereinafter ------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the state of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings re- quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4716 / , In the amount of ___________ dated ______ (hereinafter referred to as \__/ the "Contract'). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 1 0 days of the deposit. The market value of the securities at the time of the substiMlon shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The Interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account 0 Revised 6/12/18 Page42 of99 Contract No. ~ only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor. For Escrow Agent Title FINANCE DIRECTOR Name ----------------- Signature _______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title Name ________________ _ Signature _______________ _ Address _______________ _ Trtle Name ________________ _ Signature _______________ _ Address _______________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement 0 Revised 6/12/18 Page 43 of99 Contract No.~ 1' , IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offi~rs on the \ _ _) date first set forth above. I For City: For Contractor. For Escrow Agent ft Q Revised 6/12/18 Title MAYOR Name ________________ _ Signature _______________ _ Address 1200 Carlsbad Village Drive, Carlsbad. CA 92008 Title Name ----------------- Signature _______________ _ Address ---------------- Trtle ----------------- Name ________________ _ Signature _______________ _ Address ---------------- Page44 of99 Contract No. ill..5. ( ATTACHMENT A,-GENERAL SCOPE OF WORK ' . The general scope of work for this project is descri~ below and is depicted on the attached trailer layout in Exhibit 1 -Trailer and Storage Plan and Exhibit 2 7 Concept fo~ distribution of temporary ' ph~ne/data wiring. The legend on the Trailer arad storage Plan in E_xhibit 1 describes the intent for Phases 1 and 2 of the associated construction projects ·related to this work. The general distribution layout for the technology infrastructure is depicted in Exhibit 2 ·and installation must be coordinated with the city's construction manager (Griffi,n Structures) and city IT staff in accord with Exhibit 3 -City IT Standards 2021, V01. Reference is made to the Contractor's Proposal on pages 11-16 of this doc- ument for quantities of items needed. I From Notice to Proceed to Certificate of Occupancy: : ) 1. Submit city building pennit application for·project using Exhibit 1 -Trailer and Storage Plan with details' for stair/ramps to be constructed and path ·of accessible travel and parking. 2. The city has retained Power Plus to install the temporary power service in_ coordination with SDG&E. This temp power distribution system from transfonner to· power poles is a city contract, Trailer contractor is welcome to contact Power Plus with any questions, or to contract with them for electrical. distribution from power poles to tennination locations in trailers as required by city. 3. Obtain city building pennit for project. A. Obtain trailers for lease that _are i~ clean, good condition and deliver to site (trailers are subject to inspection and approval by city's construction manager and may require replacement if deemed not in a clean, good condition. Lease durations are estimated to range from 9-21 months and some trailer leases may need to be tenninated within this range or extended on a monthly basis. s. Following delivery and locatir:,g trailers on site, Contractor to ~et, level and anchor trailers in place. 6. Contractor to build steps/ADA ramps/blocks for trailers as required a'nd set in place. 7. Contractor to apply for and obtain city water m.eter. Coordinate with city staff and install water connection to trailers. Water line may be routed abo\/e grade, but must be placed ·below grade if cro~ing dnve lanes. All work to be coordinated with and approved by city construction manager. Ensure that all trailers with bathroom facilities have water service and provisions for heated water. Ensure that shower trailer· for Pt"lase 2 is equipped with water service and water heaters for-heating shower water. 8. Coordinate with Power Plus as necessary to establish power connection(s) to trailers. 9. Coordinate with IT staff and install fiber/copper connections for temp phone/data. Intent per Ex- hibits 2 and 3 is for contractor to route 12 strands of single mode fiber .and 25 pair copper from building MDF room in center of office building, overheac;i to trailer IDF room and then to route to other trailers from the central trailer IDF room as shown, and tenninate conn~ctions in each trailer. Power.\.Plus may be able to assist· routing via use of their power poles. Contractor to also install 24-port patch panel in. central trailer IDF room. Follo,wing Exhibit 3 City IT Standards 2021, con- tractor to route all cables and tenninate them in ~ordination with IT staff. City IT wiU install _switches. Alann the windows and doors of office and storage trailers and confinn that alann is established to alert the city's Dispatch Genter: , 10. Coordinate with city IT staff and install'WIFI in each office trailer for use during each trailers lease. 11·. Stripe parking stall lines in area indicated on plan and provide signage·for ADA van accessible parking· as directed by city's construction manager. · 12. Obtain Certificate of Occupancy from city building inspector for use of trailers to be occupied. From Certificate of Occupancy.to Start of Project 13. Install storage shelving in designated storage trailers and remove upon completion of Phase 1 renovation work in coordination 'with city. 0 Revised 6/~ 2/18 Page 45 of99 Contract No . .41.1.5 r 14. If included in contract award, secure site with security guard, cameras and motion sensor/flood lights. Staffed security to be onsite 6pm to 6am Monday.-Friday and 24n on weekends during Phase 1 work, estimated to last 10 months. 1 • - 15. Allow access to furniture contractor for relocation of freezers and refrigerator into Conex box and relocation of office/other furniture, equipment and materials to designated trailers. During Project 16. Provide bi-weekly (twice/week) sewerage/wastewater pumping services for staff trailers and wastewater pumping for shower trailer. 17. At completion of Phase 1 r,enovation work allow access to city furniture contractor to relocate freezers and refrigerator from Conex box, and furniture, equipment and materials from select trail- ers, out' of trailer area. ' 18. At completion of Phase 1 renovation work and in coordination with city construction manager, re- move (1) 10x32 office trailer from site and terminate lease. Replace in this location (1) 12x60 shower trailer and initiate lease. 19. At completion of Phase 1 renovation work and during part of')Phase 2 renovatior,i work, some stor- age trailers should no·longer be needed. Contractor to coordinate storage trailer removals and lease terminations with city construction manager. , 20. At start of Phase 2 renoyation work and in coordination with ciity construction manager, allow acces~ to,furniture contractor,for relocation of equipment and materials into designated traile·rs. 21. At completion of Phase 2 renovation work allow access to city furniture contractor to relocate fur- niture, equipment and materials from select trailers out,,of trailer area. 22. At completion-of Phase 2 renovation work and in coordination with city construction manager, re- move certain trailers from site and end their leases. Trailer quantity to be determined by city. On Completion of Project 23. Disconnect temporary utilities for temporary trailer setup and remove connection materials. 24. Restore site to pre-project cond~ions. - \ 0 Re~sed 6/12/18 · / Page 46 of99 Contract No. ~ July 1, 2021 ADDENDUM NO. 1 ( City of Carlsbad RE: PWS21-1507FAC -CARLSBAD SAFETY CENTER TEMPORARY TRAILER SETUP, LEASING, AND REMOVAL Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum must be acknowledged via PlanetBids or submitted with your cost proposal. JAN£AN liAWNEY Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO . 1 ut&hJs --------------------f--"-''------'--1-'--'---'-Bidder's Signature crt Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal From: No. of Pages: Date: Bid Due Date: CONTRACT NO. 4715 PWS21-1507FAC Addendum No. 1 Janean Hawney, Contract Administrator Phone: 760-607-7965 janean.hawney@carlsbadca.gov 1635 Faraday Ave Carlsbad,CA 92008 24 (including this page) July 1, 2021 July 9, 2021 -5:00 p.m. (no change) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum with RFP response by submitting signed cover page of issued Addendum. Failure to do so may subject bidder to disqualification. I. Edits and Clarifications to Bid Documents: 1. Contractor to substitute revised Contractor Proposal, Rl attached to this Addendum No. 1 and submit this revised form with bid. 2. See revised Exhibit 1 attached to this Addendum No. 1. 3. See new Exhibit lA attached to this Addendum No. 1. Bid No. PWS21-1507FAC Addendum No. 1 ( I 4. For general reference regarding grades on site, see Exhibit 4 Topographical Survey from 2016 attached to this Addendum No. 1. 5. See Project sign-In sheet from mandatory job walk, held. June 23, 202i attached to this Addendum No.1. 6. Keying requirements for trailers are as follows: a. All office trailers wlll be keyed allke except for the Bag & Tag trailer. Contractor to provide a total of 20 office trailer keys for staff use. The Bag & Tag trailer will be keyed differently and wlll require a combination lockbox located near the door that can contain a key for It. Additionally, Contractor to provide a total of 5 keys for the Bag & tag trailer. The Property & Evidence storage trailers and the Conex Box wlll also be k~ed differently. Contractor to provide a total of 5 keys for the storage trailers and Conex Box. 7. Regarding security camera surveillance, Item B-1 in Contractor's Proposal, Contractor shall focus one of the security cameras on the lockbox at a sufficient distance to allow security personnel to see the person opening the lockbox. Security camera and motion sensor layout will be subject to Oty review and approval. 8. Griffin Structures has been hired by the Oty to oversee this temporary trailer contract. Accordingly, Contractor shall communicate, cooperate and coordinate the work of this contract with their representatives. II. Questions and Answers: 1. Question: Other than the bulldlng permit application, exhibit 1 and ADA ramp layouts and details: are there any other plans or submittals required to obtain the Building Permit? Answer: A City B-2 commercial building permit application with the revised Exhibit 1 have been submitted for permitting. Successful contactor to pick up permit at start of project and provide city with company and license information. 2. Question: Are any fees required for the building or water meter permits? Answer: Oty will pay for all permits associated with this city project. 3. Question: Please provide the contact name and phone number for the Power Plus representative familiar with this project? I • Answer: The contact person at Power Plus Is Jon Downing (760) 839-9430. Alternate con.tact is Sha~ Wilson. , 4. Question: Is a Field Office required during mobilization for Agency personnel? Answer: No. 5. Question: What type of site restoration Is required at the project concluslon? Patching for ground anchors? Blackout parking lot striping? Remove ADA slgnage and repair holes? Bid No. PWS21-1507FAC Addendum No. 1 Answer: Site restoration at the project condusion will Include patching holes in pavement and patching to repair contractor-damaged areas (e.g., curbs, block walls, fences, light poles). Blackout of parking lot striping wlll only be required if new parking lot striping Is added by contractor. Removal of posted ADA slgnage may be required at project conduslon If installed by contractor. 6. Question: What type and quantity of shelving Is required? Answer: The type of shelving to be used can be lumber or plastic, with support brackets every 3 feet. The quantity of shelving is 1,300 llnear feet, 12 inches In depth. 7. Question: Please provide schedule mllestones with required durations upon which liquidated damages will be predicated. Answer: The schedule target dates are currently: trailer contractor start date -9/20/21; Certificate of Occupancy for trailers -11/19/21; construction start date for Phase 1-11/29/21; construction end date for Phase 1 -8/5/22; construction start date for Phase 2 -9/5/22; construction end date for Phase 2 -6/9/23. 8. Question: Which Is the 12x40 "Property and Evidence Office» (Noted on the plan to be removed after Phase 1)? Answer: See revised Exhibit 1 attached to this Addendum No. 1. It is adjacent to a 24'x60' trailer. 9. Question: Which are the NIT offices -Javier and Storage» (Noted on the plan to be.removed after Phase 1)? · Answer: The term 'IT office' Is used to describe one of the 10'x32' temporary trailers that Is shown to be removed and replaced with a shower trailer at end of Phase 1. 10. Question: Will skirting be required for the trallers? Answer: Yes, skirting will be required for all trailers. 11. Question: Confirm the data cables from the trailer IDF room to other trallers need to be installed overhead. Answer: Yes, data cabling needs to be Installed overhead. 12. Question: Confirm whether the Powerplus will be providing the power poles for each traller. Answer: Power Plus wlll be providing the power poles for their scope work to install temporary power infrastructure from transformer to breaker pan~ls on their poles. Trailer contractor may contract with Power Plus for the additional work to route power from breaker panels to trailers. 13. Question: Confirm whether the Powerplus wlll be providing power poles for main backbone ,. • • J I cabling. · Answer: See answer to Question 12. Bid No. P'NS21-1507FAC Addendum No. 1 14. Question: Confirm whether there will be a switch needed In each trailer. Answer: Yes, a switch will be needed In each trailer. City IT staff will install provide and Install switches. is. Question: Confirm who is providing wireless access points. Answer: Contractor to route two cables to center of each occupied trailer. City _IT staff will provide and Install wireless access points In each occupied trailer. 16. Question: Confirm whether the trailers will be functioning on wireless access point only or combination of wifi and hard line ethernet Answer: Both systems will be needed. See answer to question 17 below. 17. Question: Confirm If trailers will have hard line ethemet, please indicate on plans or provide an estimated data drops will (be) needed per trailer. Answer: Wireless access and hardllne data drops for occupied trailers are to be set up as follows: All ethemet port counts indude 1 run for WAP cable. The (4) 24x60 trailers will each require 8 ethernet drops, a 12-port switch and WAP; The (1) 10x32 Crime Analyst trailer will require 3 ethemet drops, an 8-port switch and WAP; The (1) 10x32 IT trailer will require 6 ethemet drops, an 8-port switch and WAP;. The (1) 10x32 Griffin trailer will require 6 ethernet drops, an 8-port switch and WAP; The (1) 10x44 Crime Lab trailer will require 6 ethemet drops, an 8-port switch and WAP, and the (1) 12x40 Evidence trailer will require 4 ethernet drops, an 8-port switch and WAP. 18. Question: What Is the current alarm monitor services the City's dispatch uses to monitor the premises? Answer: The City currently uses Rancho Sante Fe Security for security monitoring. 19. Question: What Is the current security system the city uses? We would like to match to the system as much as possible. Answer: The Cty uses a DMP system. Rancho Sante Fe Security and JMG Security are approved installers of DMP security systems. 20. Question: Confirm whether alarming the windows, doors, and ·storage trailers Is part of the base bid or alternate bid. · Answer: Alarming windows, doors and storage trailers Is part of base bid, Contractor's Proposal line Item A-16. 21. Question: Confirm the MDF server rack have space In existing fiber house for 12 strand single mode or we need to provide fiber endosure in MDF._ Bid No. PWS21-1507FAC Addendum No. 1 Answer: Contractor to provide fiber housing for 12 strand single mode fiber and locate fiber housing In the central MDF room for the Police Department (center of building, first floor). MDF room access to be coordinated with City IT staff only via 48-hour advance notification. 22. Question: Confirm whether the connectors itself shall be COMMSCOPE or connectors AND wiring needs to be COMMSCOPE. Answer: COMMSCOPE cable and termination is City standard, per RFB Exhibit 3. No substitutions will be allowed. 23. Question: Confimi, whether the server rack In the trailer need to be floor mounted or wall mounted. Answer: Contractor is required to install wall mounted cabinet to be wall mounted_ on" Inch fire treated plywood backboard. 24. Question: 2 post rack or 4 post rack? Answer: Contractor Is required to Install wall mounted cabinet instead of rack. Cabinet model and fan kit specifications are: Cabinet model -12419-><24 30" (760 mm) Tempered Glass 112 (50.9) Low decibel fan kit model -40975-001115 Volt, 50/60 Hz, 5-15P power c_ord Cutsheet: https://www.chatsworth.com/en-us/documents/a.it-sheets/cube-lt_servfce_par:t_cut-pdf 25. Question: Confim, whether the internal cabling for the trailers wlll need to be ran through a surface mounted channel or just free air Installation? Answer: Contractor to Install Internal cabling for trailers In surface mounted wire mold. 26. Question: Page 14 of the Bid Breakdown. Item #A-11 Is asking for (2) Freezers and (1) Refrigerator. Who wlll be providing these Items? The Oty. the modular building vendor or the Prime? lfwe are to provide them. please specify sizes and brands. Answer: Item A-11 ls regarding the provision of.a Conex box for (2) freezers and (1) refrigerator. The freezers and the refrigerators are existing city assets that will be moved by others into, and later out of; the Conex box. Freezers (quantity of 2) and refrigerator (quantity of 1) sizes are each approximately 4.5' wide, 7' tall, and 3' deep. 27. Question: Page 16 of the Bid Breakdown. Item #A-29 is asking for (2) Freezers and (1) Refrigerator. Who will be providing these Items? The Oty. the modular building vendor or the Prime? If we are to provide them. please specify sizes and brands . . , Answer: See answer to question 26 above. Addltlonally, Item A-29 Is regarding the monthly I rental rate for the Conex box. ,. . . -. ::: 28. Question: Will there be (4) Freezers and (2) refrigerators in total or (2) Freezers and (1) Refrigerator that will be transferred from Phase one to Phase two? Bid No. P\tVS21-1507FAC Addendum No. 1 Answer: See answer to question 26 above. Addltlonally, the freezers and the refrigerator will be moved out of the Conex box and back Into the building at the en·d of Phase 1. The Conex box will not be needed afterward. 29. Question: In order to size the holding (graywater) tanks for the Showers we will need to'know how many showers per day are anticipated and what the duration of each shower will be. Answer: Showers in shower trailer will be used on dally basis during Phase 2 part of project. · Quantity of staff using showers shall be assumed to be 10, once per day for 5 minutes each. 30. Question: What Is the Septic Tank size for each building with restrooms and with sh~wers for pumping purpose? Answer: Contractor shall plan for standard toilet/urinal use per person as would occur, in a typical office building. Staff count can be determined from number of trailer offices. 31. Question: Regarding the plumbing work scope, Is there a requirement for a water meter and backflow device at the hydrant? Answer: Yes, the city has installed a 3-inch water meter at the hydrant; however, the Contractor shall install a backflow device at the hydrant. See answer to Ill. Additional Information, question 3 below for addltlonal Information .. 32. Question: Can a second f6b walk be arranged .. Answer: Yes, a non-mandatory, job walk has been coordinated for July 7, 2021, at lOa.m. for prime contractors who attended the mandatory job walk on June 23, 2021 that want to show site to any subcontractors. Any subcontracto~ who attended the mandatory job walk on June 23, 2021 are also eligible to attend. 33. Question: Is there the need for a Fire Alarm System for this prefect? Answer: The Contractor will be required to provide trailers that are safe for occupancy. Fire sprinklers and fire alarms will not be required, though fire extinguishers will be. Exit slgnage wlll not be required for this ·temporary installation. Ill. Additional Information: 1. Question: (Regarding electrical work scope): Please define "temporary power" connections: Please confirm that Intent Is for (Contractor) to install power from panels on Power Plus poles to modular and flex load-centers? Answer: The term .,temporary power" connections refers to.the lnstallatlori"oftemporary electrical infrastructure as needed per code for full operation of temporary trailers. Confirmed, that Intent Is for Contractor to Install additional electrical wiring and connections as necessary . per code to energize J_rall_ers from Power Plus panels, as well as internal distribution of power to offices per Exhibit 1A attached to this Addendum No. 1. Bid No. PVVS21-1507FAC Addendum No. 1 J 2. Question: (Regarding electrical work scope): Flex units should only need 60amps main breaker size (this is standard); is there a specific reason these are listed as 12Samps? Answer: Given that the storage trailers will not be occupied continuously by staff and will only require temperature conditioning, lighting and low voltage wiring, the 60-amp provision Is acceptable. 3. Question: (Regarding plumbing work scope): What Is the water pressure. and will there need to be a pressure regulator at each building? Answer: Water service wlll be provided from hydrant, and current water pressure Is unknown. Contractor shall provide pressure regulator at each trailer that wlll be using water. See answer to question 31 for additional Information. 4. Question: (Regarding coordinate with city I obtain city building permit for trailer setup): What is needed from (Contractor) on the ramps/decking/steps plans -Site specific plans (additional cost included) or our standard plans? Answer: Contractor's standard plans for ramps/decking/steps will suffice for this temporary lnstallatlon. 5. Question: (Regarding coordinate with city/ obtain city building permit for trailer setup) -(wlll foundation plans for the trailers be required?) Answer: Yes, and Contractor's standard plans for trailer foundations will suffice for this temporary installation. 6. Question: (Regarding site survey) -please elaborate what is required and who is responsible for following: Site survey. record of survey map. precise grading plan etc. Answer: The Contractor Is responsible for any site survey work necessary for properly lnstalllng/levellng trailers, ramps and stairs for safe access by others. There are no formal documents to submit to certify this work. 7. Question: Where is the location of the MDF in the building for accurate distance? Indicate on the ~ Answer: Contractor to plan on distance from most distant trailer to MDF location In middle of office building on first floor . . ,, Bid No. PVIIS21-1507FAC Addendum No. 1 CITY OF CARLSBAD CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, -Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4715 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment for the work the total bid value stipulated below in the Schedule of Values com- prising the basis of award. Upon City approval of the Contractor's value distributions below, the sched- ule of value items will become the Schedule of Values for monthly progress payments, to be billed against on a percentage or unit completion basis each month. Items of contract work not specifically referenced in the Schedule below, but customary in the construction industry for completing the scope of work described in the contract documents, shall be included in Schedule "N below. Contractor to refer to Exhibits and Attachment A -General Scope of Work, for the preparation of these values. NOTE: Lease durations for trailers in clean good condition, are based on current estimates so the leases for some trallers may need to be·llmlted or extended via change order using the unit cost values provided In the Schedule. SCHEDULE OF VALUES "A" Item No. A-1 Description Mobilization (Price in Words) · A-2 General Conditions for up to 21 months (Price in Words) 0 Revised 6/12/18 Approxi- mate Quantity and/or Unit Lot Unit Price (Figures) $ ____ _ 21 months $ ____ _ Total Amount (Figures) $------~-- $ ___ _ Addendum No. 1 Page 12 of99 Contract No. ~ A-3 Coordinate with city / pick up Lot $ $ city building permit for trailer setup (Price in Words) A-4 Site survey if and as necessary LS $ $ in preparation for setting / building trailers and access ramps / stairs (Price in Words) A-5 Deliver and Install 24x60 trailers 4 $ $ for staff group offices, Phase 1 (Price in Words) A-6 Deliver and Install 1 0x32 trailers 3 $ $ for staff private offices, Phase 1 (Price in Words) A-7 Deliver and Install 1 Ox44 trailer 1 $ $ for staff private offices, Phase 1 (Price in Words) A-8 Deliver and Install 12x40 trailer for staff private offices, Phase 1 1 $ $ (Price in Words) A-9 Deliver and install 12x60 trailer 1 $ $ for shower/changing rooms for Phase 2 w/ shower water heaters (Price in Words) A-10 Deliver and install 8x12 trailers 20 $ $ for Phase 1 conditioned storage w/ security alarm for doors/windows (Price in Words) 0 Revised 6/12/18 Addendum No. 1 Page 13 of99 Contract No . .4Z16 -A-11 Deliver and install 8x20 Conex box for (2) freezers and (1) refrigerator for Phase 1 (trailer air conditioned) (Price in Words) A-12 Install ADA ramps for all office and storage trailers and steps as needed for access to trailers (Price in Words) A-13 Install ADA signage for (1) parking stall in location indicated by city )(Price in Words) A-14 Install temporary electrical wiring as required to establish electrical power requirements/terminations for each trailer (note: all trailers and Conex box air conditioned) \_" __ / (Price in Words) A-15 Install temporary fiber/data to occupied trailers from main building per city IT standards in coordination with city staff. Install cables for wireless access per RFP and Addendum No. 1. (Price in Words) A-16 Install temporary security wiring for trailers and connect to main building Dispatch in coordination with city IT standards and city staff (Price in Words) 0 Revised 6/12/18 1 Lot 1 1 Lot Lot Page 14 of99 . $ $ $ $ $ $ $ $ $ $ $ $ Addendum No. 1 Contract No . .41.Ui A-17 Install backflow device at hydrant/ Lot $ $ pressure regulator(s) as necessary on temporary water service from hydrant to trailers. Bury pipe and Patch pavement at drive lane(s) (Price in Words) A-18 Obtain Certificate of Occupancy for Lot $ $ trailers that will be occupied (Price In Words) A-19 Install and remove after use, 1,300 $ $ storage shelving In the (20) storage trailers (1300 linear feet total) (Price in Words) A-20 Provide bi-weekly (twice/weekly) 21 months $ $ sewage pumping services at trailer restrooms for up to 21 months (Price in Words) A-21 Provide bl-weekly wastewater 12 months $ $ pumping services for Phase 2 shower trailer for up to 12 months (Price in Words) --A-22 . Provide rental-service for (4) office 21 months $ .. $ -----.. ... . . trailers (24x60) up to 21 months (Price in Words) A-23 Provide rental service for (2) office 21 months $ $ trailers (10x32) up to 21 months ,, (Price in Words) --· - 0 R~vised 6/12/18 Addendum No. 1 Page 15 of99 Contract No . .41.lii. I A-24 Provide rental service for (1) office 12 months $ $ ~/j trailers (1 0x32) up to 12 months (Price in Words) A-25 Provide rental service for (1) office 21 months .$ $ trailer (10x44) up to 21 months (Price in Words) A-26 Provide rental service for (1) office 21 months $ $ trailer (12x40) up to 21 moriths (Price in Words) A-27 Provide rental service for (1) 12x60 12 months $ $ shower trailer up to 12 months (Price in Words) ,, •. A-28 Provide rental service for (20) 8x12 12 months $ $ ',_/ storage trailers up to 12 months (Price in Words) A-29 Provide rental service for (1) 8x20 12 months $ $ Conex box for (2) freezers and (1) refrigerator for up to 12 months (Price in Words) A-30 Remove (4) 24x60 office trailers 4 $ $ from site and terminate lease (Price in Words) .,, A-31 Remove (2) 1 0x32 office trailers 2 $ $ from site and terminate lease (Price in Words) ". -1 .. ~- -i ' ~/ 0 Revised 6/12/18 Addendum No. 1 Page 16 of99 Contract No . .4116 A-32 Remove (1) 10x32 office trailer 1 $ $ from site and terminate lease (Price in Words) A-33 Remove (1) 10x44 office trailer 1 $ $ from site and terminate lease (Price in Words) A-34 Remove (1) 12x40 office trailer 1 $ $ from site and terminate lease (Price in Words) A-35 Remove (1) 12x60 shower trailer 1 $ $ from site and terminate lease (Price in Words) A-36 Remove (20) 8~12 storage trailers 20 $ $ from site and terminate lease (Price in Words) A-37 Remove (1) 8x20 Conex box 1 $ $ from site and terminate lease (Price in Words) A-38 Remove ramps, -stairs & utilities -Lot $ $ . and restore site to pr~nditions. (Price in Words) ~ 7 • 1\ ..... 0 Revised 6/12/18 Addendum No. 1 · Page 17 of 99 Contract No.~ ADD ALTERNATE SCHEDULE OF VALUES "B" Item No. Description Approxi- mate Quantity and/or Unit Unit Price (Figures} Total Amount (Figures} 8-1 Provide 6pm -6am staffed security detail Monday -Friday and 24n security staffing on Weekends/holidays. Monitor site with cameras & motion sensors for up to 10 months 10 months $ ____ _ $ ____ _ (Price in Words) Total amount of bid in words for Schedule ·A" Items No. 1-38: ------------- Total amount of bid in numbers for Schedule "A" Items No. 1-38: ------------ Total amount of bid in words for Schedule "B" Item No. 1: --------------- Total amount of bid in numbers for Schedule "B" Item No. 1: -------------- The City shall determine the low bid based on the calculated sum of the line Items in Schedules "A" and "B" above. Depending on total value, bid award may be based on either the Schedule "A"-total, or the sum of Schedule "A" and Schedule "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _____________ has/have been received and is/are included in this bid. The Undersigned has carefully checked all of the above figures and understands that the City will not , be responsible for any error or omission on the part of the Undersigned_ in preparing this bip. , The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned Is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number ___________ , classification _______ which expires on and Department of Industrial , Relations PWC registration number ___________ which expires on---------~ and that this statement is true and correct and has the iegal effect of an affidavit. ft Q Revised 6/12/18 Page 18 of99 Addendum No. 1 Contract No . .4lli O ,ua,,_.,.~,.,.omcel'fOIClmwtRUtJIIOC»r,llt ....... ... , .... .,._ 40.. IIIICalQCTNh' ·•-., .. -,nu.o~,CN'•-....... ◄,lttlllCI. -J;lJW'f:10 :~ =r.:---•QM. •IIIIICOIIIOl~II □ tU. ... l'ftCf'UIT1'.....,CWftNIC1iOFf'lCl'01140lf#IC.'11\bO((tAf'fi4C~O,,-W.S,:11 0 U•ll ............. 'M~~AlMIH80f~•1 O u:11 TMUN'°"' otco,,,~:no .. ll'IOC1\'UIA11MC lHQui ~ ,, □ IIC9QONNOlmfQl;M~'otl"'8,,IO«OAJIMIVCl0,~11 1 · DEMOLITION SITE PlAN ~KJU:r t , 1111:AWI □ 1'11141~JYI IVIClJ,ICl'VllMf,,,,,,,,11"0,-rlt(~ATlJe llNO'Qf~li ■ '.:::::.:::t::::r::::..Mff)~W•i-lOIM)lll'l"tl-AMJ~TMill.l"'Ofl ... ..... □ ~,,.,._tfllo,R:,f#(ICJilJIEDATT .. .,.o,~,1 Qll~""'l[IIIIA'f'\.,F1'QMHTOf'lll,1tl--UU""l'IICl::lHIWlilllVWJ.IJ,t,'lllNI~ flfSJJIOl:Mf#GU!'UWHOT"'°COUl'Mla- X )II )C )( ' 1 ar-r ,1 -··---·-··---------· ·---;,,;------------···· .... __ \ /. 1 ·, ' ' ' ' ; ... :••,. SAFETY CENTER I ~ i ' ' . '\. ,. ... ..~-: Lil . ' - ~-,tJ OFFICE TRAILER AND EVIDENCE STORAGE COMPOUND J111ME1ACl'OJTANDRl"ll, ... ,. ... MN!aGO,CAll2tol Ttt1.au,11 ,111.aunu (Cityof :='=-"' Carlsbad =.':': .. (11 II rorn Ii CNUIWl,c:Alallll CARLSBAD SAFElY CENTER RENOVATION 2560 ORIOH WAY CAAlS8All, CA 82010 ~-~-'=~~-----~ . ...,.__,;a-,. .. _""'"' _ .. ..., .. ..,.... ... ,__ .. ,.... . .._ ...... ... : I IIJCClt«::MTEA&T~WAil&tO~l'AOYKTINf'I.M:I: --. J lQtmJn'flCIOM.MnflllOEU<:TIIICAi..~FOflllSODPE ! J (IJ ~ l"NIIC1NCI ,o AiMAIN 4 lW}l'NW. S ('IJl'\.NflOtTO•OBIJl.lt,&)•fTSIHTM1'Y.MP~fUKIRTO WATCH Elll1N'J CCNWn:lNI 't l,l)~TO~ 1 tl)fNH\'ORAHTlOIIIQIMil I Cl)~~lORIJMt\l t (l)&IDfWAUCTO~ '10 Cl)IJGHTil'OlElOIIECEMNEWI.XlHTACTUM.fllfffRTO ""'"""'-11 f()l'HCIHl!TDWSITOIEDl!MOUSHm .. lTlfH~.CN'M.L ~COKUT.~ TO !L8;ttuel,L,.o,wQ,IQS~ Tf04NCLOOV 0MWNGS U MNOaJSTM"tNOAHOPlll5PIIJRFACSTO• ... TRIPl.O 1J lf)MfflOIIIOl,l,IJ,I 1• DBIO(€tTIIIH: .. rtSOfl'All'Y.RDICMIMJ..!IOOTS tS DOIOCl)P0fffl0N<Y'OWM~~-~IENTNTY te m.u:=~mt~~~u:: ~ 11 DOIOICCONCAETt.aJEWAUC ti lfJTNf:TOJl&lilrilrt.PIIOTICTtJ.NoGCONSnlUCllON 19 Ill Dll04TOAEMA94. l"AOf(CT IN ,u.ca Ol.lU,o CCNllN,ICJQrt 2ICI (l!)IKIU.NV)STOlilfNMf . 21 tlll'AMM:l 22 a.MO (l)Daa #IM,,\IN lNC)ICAJl"I NfO PM,MM FCIAH5.w LOCAl10fl~OUTYI.OQ(ERINCJaWlfflRUCTVflE 23 DIMOl(llJilClSCAll'INf0"'5PJMA•ORMlWObEMTOR ; ;a. OIMO(a)STOAli~MllflT,UflCN'Jt(S)2..«,.__,....SIGHNG • "°'-L IILICTIOI ™"T•IN IUTC00110N · :• :,=::=..NJEONION!.OCATIDf"Elt1")1ftEPI.M 21 1!11#""'°"'-0W!Xw::ILOCAJ'm114't'MA.T (fl INStlNG fEl~'"™ (IJftRtl.N« ~ lt,IUGttTP'Q.f ")CIWJII •I.NI ,ea LM ,., .. ,.. l&IITEMMMCIVtD ___ _;___ A 100 ODl(llffl(lN■JfP'I.Mt -·· ~.,1, i--.• I 111--tA ✓ ✓ OFFICE TRAILER LAYOUTS AND POWER REQUIREMENTS 24' x 60' w 2 • 125 AMP Panels Single Phase 24' x 60' w 2-125AMP Panels Single Phase ✓ ✓ 24' x 60' w 2 • 125 AMP Panels Single Phase 24' x 60' w 2 -125 AMP Panels Single Phase =-=1r'1=::,,1 -==1/\= /\ /\==== -=-==11·, (7] I~ ~L;II H ~ =~~L;II ~I J 0:1:r ~ 10' x 32' w 1 • 125 AMP Panel 10' x 32' w 1 • 125 AMP Panel 10' x44' w 1 • 125 AMP Panel 12' x 44' w 1 • 125 AMP Panel Power Requ irements fo r Office Compound 13 -125 AMP Panels Single Phase /\ /'b t==-===t11L;II .:~:,. 10' x 32' w 1 -125 AMP Panel (1) 10' x 32' trailer to be removed al the end of Phase 1 and be replaced w/ shower and changing room trailer for Phase 2 I I 12' x 60' w 1 -125 AMP Panel 1.,- 2 Showers w/ restrooms and Changing Rooms EV IDENCE STORAGE/OFFICE LAYOUTS AND POWER REQUIREMENTS 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -·125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' X 12' W 1 -125 AMP Panel 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' x 12' w 1 • 12.5 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' X 12' 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel 8' x 12' w 1 -125 AMP Panel Power Requirements fo r Evidence Storage 21 -125 AMP Panels Single Phase 0 0 8' x 20' w 1 -125 AMP Panel Provide (3) 115/60/1 NEMA-5-15R dedicated outlets for (2) freezers and ( 1) refrigerator ADA RAMPS AND LANDINGS DESIGN OPTIONS AND LAYOUTS Ramp Layout Design Options 24' X 60' 24' X 60' Note: Contractor to choose the ramp layout that maintains fire access to the office trailers "''. ~ ~ lui•~·""""°J ~jlt:J\')le.C .. , 0 ,....,.,.~_,.N...,~""·-~"'.?,... E_D_P""'•~'""'-=:"'~""~=P_IC_AL_D_ET_A_IL_S ______________ _ Design Space Ramp Option # 1 38' Ramp with Switchback l }:~~:~~'"'· ___ .... :_-·_:-~::_.·_•:~-r~•·_··_:_:-""· - 8 '6' :::: .... ! · LEVEt:.~:·-.~,-,-,t-,--·-·.,.· .,.-~:•-;-•,..·,..>._,.,r.,-;'il J ·. ,· ... ·.•. :;-·. 20' 10'6" '..Hl:Yl......_.,Al;;,IJQ~'I~~"""'' rA.!l.14.1.0 .. \j_:J....,.t •hl11<'1.a'"1'JQ.• Preliminary Layou·. I Trailers **'Field Verification Required'*' { """'9C'ICl.,_,,...E ) \ "'""""l'-""'"'1 f \ ' -,,_~~ / 1 O' x 32' Trailer Crime Analyst Restroom ( ) -DESK IMPEDES ON ADA CLEARANCE Property & Evidence (P&E) AND Bag & Tag Mark Restroom TIGHT FIT, 6' MINIMUM IS RECOMMENDED ~ -TIGHT FIT, 6' MINIMUM IS RECOMMENDED DESK IMPEDES ON ADA CLEARANCE 1 O' x 44' Trailen atent Print & Crime Lab Restroom 1«!-oom TABLES BLOCK BUILT.IN TABLES BLOCK BUILT..IN DESK EXTENDS PAST WALL IF101 Preliminary Layout I Trailers **'Field Verification Required*** 24' x 60' Trailer Patrol Restroom Restroom Patrol Serg8'Wlt 1 Griffen Project Management NameTBD Name TBD ~ DESK IMPEDES ON ADA CLEARANCE Missing from Trailers per Mickey's Notes: Crime Analyst -Cindy & Nina 1',,./ ---........ ( ..,...,-,m,..,...,1>1F~ \ "-i,,..,,..-1 ',:~-.,./ "" "" .,. ""' .. IF101 -I --, w CD --, en I I • § § ~ § ~ ~ § § § I ~ I ~ ~ I -l Tl i I City of Carlsbad ~ 5 i f i Safety Center ->. . i J 0 ~ . r 2560 Orion way ->. Carlsbad, Ca 9201 o FLOOR: 1 GltAl'tlC SCAl[: 1 INCH • 40 FT ABBREVIATIOHS ASPH ASP'IW.TPA'405'11rta: ., ""'"""' .. """'""' CCINC CONalCW: SlWAa: Doti WC1'11CIWKU .............. !DIMSDlilaaMlliWKU SMISNITMYS£'IDl.wKl! lllH tMHOIN UIUJ'I' IWH1£ UHE LEGEND SYMBOL' LEGEND * Mu.I.Oil ~ ............ • QWlll,OST • 1'£1110f'ID.l'U ........ ,_, e SJIJll,IDAANl,WNU INOIOar ua.m FtAt\ltt O .,...U11JT't'tWttCLE _____ ...,.._ -----~PROP£JITY ------CDl1DllK BASIS OF BEARINGS M" I~ a, ICANIIGSr<a 1H1S Slll'itl' IS H CNJlWlo\ SlAIC "'-AMC ccaatA.-: ffllEII ~ztM~y~~ ~~~Cf'Cf'l~~~ll'OCH~.I~ "Of7" AND ·ow IONOHCllbl rlt'J{(ffT •sr AS IDMO nt(II <:OalltlAD SH091 INM:COIIO (f' SUt'IC'f 17t1\,fUDf[18.l.l,RYI, 2002.IN lHE cmc( at ff $AN 111(1:0QCUlfYJIOXIIIID[I, U.mtllC{/WIIJ) UJ«ll1UDE(ttAOIJ) 0111 3J'Of.4f.llOl20'N 117'1"2.120t1"W • JJ'Ol'IJ.11114•11 11n.-o.1u1trw B[NCHMARK ...... lffZl2U11 llt500146l .. Mt.I (Ill 8.EV.: 34UJIO' (art (f' CA&SIAO sut\lY CO(JltU. M£1'IOIIQ Do\ut N4W 18 SlMl'ltG.: "a.sl-OII LS. 111~• ''"''' 11'01I0.111 USOIM.1" ~.»t U"D151CNCtlllATMSWHAST~f60111111S111([TNf.>OflOI 9L\TNnlCNTOff'IICSJAIION. liKIIOIDITISAflH[l(lilMIJTCll!MaCf'Oll)NST.NIJ -»IW.Y,IZSrt.lG:1HrlrMNJ,,\'rA'i(.41rt.SOUMIUTOf'JW:S1AlllNDfW,NCL COlfDIIIIJDIV,.,,_l' TOPOGRAPHIC NOTE ff TOl'OOIW'tlC WCIIW._,. 9(1111 IIJIEtlf W.S Cll#'I.OJ Ml100ltAWWE1RICAUY fJIOM A£lllAl PHOTOGIIW'tl'fMTCO~ZS. 'lOte,, IYJ:IIIIU.IICANDSl.l'P\OIEWltOl'rAmJISUll'ICY CDl'lCtO>NMJNffDI. SHl'.lal lOUIN ~ IWI OtECXlO fCllt ~ Nf.> Y[[lS <a N4lDW. MN" N:JlNCf stANONIOS roll: HC11201fTJrl NII \Ol'ICM. ASISSI.O IY 1ME N4-■.lil.. 11:asPAIW..NOCINII DICO'T N AIEAS OISQIIICO rt oom: TRllS Qt MUSH. ~ IIOCF OKMWm. NII OKJI OVClKAO RECORD BOUNDARY =.:o.~110.~~~~.c:~o:s ~~ ~~,:~;,•:: IA!l:SotlCAMNOSSHOllll>«NE.. SURVEYOR'S STATEMENT g ~ ~ i 0 .. -~~ y ~ ~ J::: s 1l ~ SHEET cs P......,c:a..v·, CS<:.-"T~ Co~~vtJo ?'2-f -'<3-:t"D ~11:rv"6-5~<;.rv-~ Ob /l3/lo Z-.i July 7, 2021 ADDENDUM NO. 2 ( City of Carlsbad RE: PWS21-1507FAC -CARLSBAD SAFETY CENTER TEMPORARY TRAILER SETUP, LEASING, AND REMOVAL Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid . New date for bid opening is: Monday, July 12, 2021 Time remains the same: 5:00 p.m. This addendum must be acknowledged via PlanetBids or submitted with your bid documents JANEAN 1!AWN£Y Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM N VL~ Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal From : No. of Pages: Date: Bid Due Date: CONTRACT NO. 4715 PWS21-1507FAC Addendum No. 2 Janean Hawney, Contract Administrator Phone: 760-607-7965 janean.hawney@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 12 (including this page) July 7, 2021 July 12, 2021 -5:00 p.m. (new date) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum with RFP response by submitting signed cover page of issued Addendum. Fa ilure to do so may subject bidder to disqualification. I. Edits and Clarifications to Bid Documents: 1. Contractor to substitute revised form -Contractor Proposal R2, attached to this Addendum No. 2 and submit this revised form with bid. 2. Security wiring for trailers has been removed from the original work scope. The city will contract directly for these services. Contractor shall provide access to the site as necessary for the installation ofthis work. Bid No. PWS21 -1507FAC Addendum No. 2 II. Questions and Answers: 1. Question: In lieu of providing (20) 8'x12' storage trailers to provide 1.920 square feet of conditioned storage, will the city accept an alternate plan •of providing (4) 12'x40' storage trailers, or another combination to provide the required 1,920 square feet of conditioned storage? Answer: Yes, the City will accept an alternate quantity and configuration of storage trailers to pr_ovide the 1,920 square feet of conditioned storage. · Bid No. PWS21-1507FAC Addendum No. 2 CITY OF CARLSBAD PWS21-1507FAC Add~ndum No. 2 CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, . LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 . CONTRACTOR'S PROPOSAL · City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting -Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labpr, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4715 In accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment for the work the total bid value stipulated bel<;>w in _the Schedule of Values com- prising the basis of award. Upon City approval of the Contractor's value distributions below, the sched- ule of value items will become the Schedule of Values for monthly progress payments, to be billed against on a percentage or unit completion basis each month. Items of contract work not specifically referenced in the Schedule below, but customary in the construction indusby for completing the scope of work described in the contract documents, shall be included in Schedule ·N below. Contractor to refer to Exhibits and Attachment A -General Scope of Work, for the preparation of these values. NOTE: Lease durations for trailers In clean good condition, are based on currentestlmates so the leases for some trailers may need to be limited or extended via change order using the unit cost values provided In the Schedule. · Item No. Description A-1 _Mobilization_ (Price in Words) SCHEDULE OF VALUES "A" Approxi- mate Quantity and/or Unit- Unit Price <Figures) Lot __ .. $ -~--- A-2. General Conditions for up to 21 21 months $ -----monthi · (Price in Words) 0 Revised 6/12/18. . Total Amount (Figures)· $_. ___ _ $ ____ _ Page 12 of99 Contract No . .4Z15. I. PWS21-1507FAC Addendum No. 2 A-3 Site survey if and as necessary LS $ $ in preparation for setting / building trailers and access ramps I stairs (Price in Words) A-4 Deliver and Install 24x60 trailers 4 $ $ for staff group offices, Phase 1 (Pri~ .in ·Words) . A-5 Deliver and Install 1.0x32 trailers 3 $ .$ for staff private offices, Phase 1 (Price in Words) A-6 Deliver and Install 1 0x44 trailer 1 $ $ for staff private offices, Phase 1 (Price in Words) A-7 Deliver and lnstaU 1_2x40 trailer 1 $ $' for staff private.offices, Phase 1 • (Price in Words) A-8 Deliver ahd install 12x60' trailer 1 $ $ for shower/Ghanging rooms for Phase 2 w/ shower water heaters (Price in Words). ... A-9 Deliver and install trailers of trailer $ ·$ sufficient size to provide 1,920 _ square feet of conditio.ned sto·rage cjuring Phase 1. Coordinate with City vendor. for installati.on of Se'~rity system for trailers. ; ' '' . -:; (Price in Words) 0 Revised 6/12/18 Page 1~ of gg· Contract No'. . .41.,1.2 PWS21-1507FAC Addendum No. 2 A-10 Deliver and install 8x20 Conex box 1 $ $ for (2) freezers and (1) refrigerator for Ph~se 1 (trailer air conditioned) (Price in Words) A-11 Install ADA ramps for all office and Lot $ ,' $ storage trailers and steps as needed for access to trailers (Price in Words) A-12 Install ADA signage for (1) parking 1 $ $ stall in ·Iocation indicated by city 1 (Price in Words) A-13 Install temporary electrical wiring 1 $ $ as required to establish electrical power r.equirements/tenninations for each trailer (note: ._all trailers and Conex box air conditioned) (Price in Words) A-14 Install temporary fiber/data to Lot $ $ occupied _trailers from main puilding per city IT standards in coordin~tion with city staff. Install cables for wireless access per RFP and Addendum No. 1. -... ----'•r-----~ -· ----.----------·-- --________ ...__ ____ ·-··---·-··-· • -----(Price in Words) -~-. ,.,._,..,. ...... ...-....---------- A-15 lnstail backflow .device at hydrc1nt / Lot $ $ pressure regulator(s) as necessary on temporary water service .from hydrant to trailers. Bury pipe and Patc_h pavement at drive lane(s) (Price in Words) ---~ -., .. ~ . .---~-...... ·-----~· "' .-~-...... ,... .. -··· 0 Revised 6/12/18 Page 14 of99 Contract No. ~ PWS21-1507FAC Addendum No. 2 A-16 Obtain Certificate of Occupancy for Lot $ $ I trailers that will be occupied •, / (Price in Words) A-17 Install and remove after use, 1,300 l.f. $ $' storage shelving equally in each storage trailer (1300_ linear ft total) (Price in Words) A-18 Provide bi-weekly (twice/weekly) 21 months $ $ sewage pumping services at trailer · restrooms for up to 21 months (Price -in Words) A-19 Provide bi-weekly wastewater 12 months $ $ pumping services for Phase 2 shower trailer for up to 12 months ( (Price in Words) I '-/ A-20 Provide rental service for' (4) office 21 months $ $ trailer-, (24x60) u'p t_o 21 months (Price in Words) A-21 Provide rental service for (2) office 21 months $ $ trailers (1 0x32) up to 21 months. -·-(Price in·Words) --· A-22 Provide rental service for ( 1) ·office 12 months $ s $ trailers .(1 0x32) up to 12 months I I (Price in Words) :, 0 Revised 6/12/18 Page 15 of99 Contract No . .41.li PWS21-1507FAC Addendum No. 2 A-23 Provide rental service for (1) office 21 months $ $ trailer (10x44) up to 21 months (Price In Words) A-24 Provide rental service for (1) office 21 months $ $ trailer (12x40) up to 21 months (Price In Words) A-25 Provide rental service for (1) 12x60 12 months $ $ shower trailer up to 12 months (Price in Words) A-26 Provide rental service for storage 12 months $ $ trailers up to 12 months (Price in Words) A-27 Provide rental service for (1) 8x20 12 months $ $ Conex box for (2) freezers and (1) refrigerator for up to 12 months (Price in Words) A-28 Remove (4) 24x60 office trailers 4 $ $ from site and terminate lease (Price in Words) . ------·-A-29 Remove (2)-1 0x32-office trailers 2 $ $ :_ .. ·----- from site and terminate lease (Price in Words) A-30 Remove (1) 10x3_2 office trailer 1 $ $ from site and terminate lease (Price in Words) ...... ..,_,:;:,:. ft ~ Revised 6/12/18 Page 16 of 99 Contract No . .4116. PWS21-1507FAC Addendum No .. 2 A-31 . Remove (1) 10x44 office trailer 1 $ $ from site and terminate lease I (Price in Words) A-32 Remove (1) 12x40 office trailer 1 .$ $ from site and terminate lease (Price in ~ords) A-33 Remove (1) 12x60 shower trailer 1 $, $ from site and terminate lease (Price in Words) A-34 Remove storage 'trailers from site Lot $ $ .and terminate lease (Price in Words) A-3.5 Remove (1)'8x20 Cone~ box . 1 $ $ \ from :site ~md terminate lease I j \.._ (Price in Words) A-36 Remove ramps, stairs & utilities Lot $ $ -arid restore site to pre-conditions. (Price in ·words) --· .o, , ,.-_ r ~ -,_ ADD AL TERNA'l"E SCHEDULE 0F-VALUES "B" ·. -- Approxi- •Item mate Unit Price Total Amount No: Desc~ption-Quantity (Figures} (Figures) and/or·Unit !3-1 Provide 6pm -6am staffed 10 months $ $ security detail Mon~ay -Friday and 24ll:security staffing on Weekends/holidays·. Monitor site. fo·r up.to 10 months. C, I (Price in Words) . 'J 0 Rev~ 6/1-2/18 Page 17 of99 Contract Nb. il16. Total amount of bid in words for Schedule "AD Items No. 1-36: PWS21-1507FAC Addendum No. 2 ------------- Total amount of bid in numbers for Schedule "N Items No. 1-36: ___________ _ Total amount of bid in words for Schedule "B• Item No. 1: ' . --------------- Total amount of bid in numbers for Schedule "Bn Item No. 1: -------------- The City shall detem1ine the low bid based on the calculated sum of the line Items in Schedules "A" and "Bn above. Depending on total value, bid award may be based on either the Schedule "N total, or the sum of Schedule "N and Schedule "sn. Price(s) given above are fim1 for 90 days after date of bid opening. Addendum(a) No(s). _____________ has/have been received and is/are included in this bid. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned. in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. , The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do · business or act in the capacity of a contractor within the State of California, validly .licensed under license number ___________ , classification _______ which expires on __________ , and Department of Industrial Relations PWC registration number ___________ which expires on __________ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid.submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California•1aw:-However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, In this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this fom1 of Contract and the papers made a part hereof by its tem1s; and- 2. That, this bid is made without connection with any person, finTI, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. , · · · Accompanying this proposal is _____________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. 0 Revised 6/12/18 Page 18 of99 Contract No . .41.lii PWS21-1507FAC Addendum No. 2 The Undersigned is aware of the provisions·of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com- mencing the performance·-of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ___________________________ _ 0 Revised 6/12/18 Page 19 of99 Contract No. 4715 IF A PARTNERSHIP, SIGN HERE: PWS21-1507FAC Addendum No. 2 (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Sig,:iature must be made by a general partner) (3) Place of Business _________________________ _ (Street and Number) City and State _________________________ _ (4) Zip Code ________ Telephone No. _____________ _ (5)E-Mail __________________________ _ 0 Revised 6/12/18 Page 20 of99 Contract No. ~ IF A CORPORA T!ON, SIGN HERE: PWS21-1507FAC Addendum No. 2 (1) Name under which business is conducted ________________ _ . (2) ___________________________ _ (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of ________________ _ (4) Place of Business (Street and Number) City and State _________________________ _ (5) Zip Code _________ Telephone No. ____________ _ (6) E-Mail __________________________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: 0 Revised 6/12/18 Page 21 of 99 Contract No. ~ CITY OF CARLSBAD Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal From: No. of Pages: Date: Bid Due Date: CONTRACT NO. 4715 PWS21-1507FAC Addendum No. 3 Janean Hawney, Contract Administrator Phone : 760-607-7965 janean.hawney@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 1 (including this page) July 12, 2021 July 13, 2021 -5:00 p.m. (new date) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum with RFP response by submitting s·igned cover page of issued Addendum. Failure to do so may subject bidder to disqualification. · I. Edits and Clarifications to Bid Documents: 1. Line item A-9 in PlanetBids has been corrected to reflect line item A-9 in Addendum No. 2 issued on July 7, 2021. Deliver and install trailers of sufficient size to provide 1,920 square feet of conditioned storage during Phase 1. Coordinate with City vendor for installation of Security System for trailers UOM = Trailer QTY= ~1 2. New Bid date is July 13, 2021 at 5 p.m. Bid No. PWS21 -1507FAC Addendum No. 3 July 12, 2021 ADDENDUM NO. 3 C cityof Carlsbad RE: PWS21-1507FAC -CARLSBAD SAFETY CENTER TEMPORARY TRAILER SETUP, LEASING, AND REMOVAL Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid . New date for bid opening is: Tuesday, July 13, 2021 Time remains the same: 5:00 p.m. This addendum must be acknowledged via PlanetBids or submitted with your bid documents JANEAN 1lAWNfl' Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDEND Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t ' \ I I GENERAL PROVISIONS FOR . ' CARLSBAD SAFETY CENTER TEMPO.RARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 I CITY OF CARLSBAD BIDDERS ARE ADVISED Ti-lAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINI_TIONS, ABBREVIATION.S, AND SYMBOLS I • 'I, 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered ne_cessary, pre~cribed, approved, acceptable, satisfactory,' or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. ~ere words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood. that reference is made to the plans accom- panying these provisions, unless stated otherwise. 1·-• 1-1.2 Directions. \Nhere words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the dire·ction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of _similar import shall be ur;,derstood to mean "as required to properly complete the YfOrk as required and as approved by the Engineer," unless stated otherwise. ·-- 1-1.3 Equals and Approvals. Where the wo~s "equal", "approved equal·, "equivalent", and such ;words of similar import are used, it shall be understood such words.are followed by the expression "in the opinion of the Ehgineer", unless otherwise stated. Whe~ the words "appro~ed",. "approval", "ac- ceptance•, or words of--similar import are used, it shall be understood that the appr,oval, acceptance, or similar ,import of the Engineer. is intended. . . · ; . , I . - . ' 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, - shall perform all operations, labor, tools and equipment, and _further, including the furnishing and in- stalling of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,· including fur11ishing of necessary labor, materials, tools, equipment, and transportation. 0 Revised 6/12/18 Page 47 of99 Contract No:~ -' 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the defi- nitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of !3ids which clarifies, corrects. or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, Caltfomia. Agreement -See Contract. I Assessment Act Contract\ A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County: · I Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. . Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the ~card of Directors of Carlsbad Municipal Water District. ~ Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. . I City Manager -the City Manager of the City ~f Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. • J Change Order-A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment In the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also-be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. . . Construction Manager-the city's agent on site and first level of appeal for informal dispute resolu- tion. ,•,\ . .., Contract -The written agree!T)ent between the Agency and the Contractor covering the Work. 11_ /' '-- ft ~, Revised 6/12/18 · Page 48 of99 Contract No. 4715 Contract Documents -Including but not limited to;, the Contract, any Addendum (which pertain to .. \) the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation \___. _,,, accompanying the Bid and any post-bid documentation submitted prior to the Notice otAward) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Spec- ifications, Reference Specifications, ·and all Modifications issued after the execution of the Contract. ,· , ( Contractor-The)individual, partnership, corporation, joint venture, or other legal entity having a Con- tract with the Agency to perform the Work. In ,the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. - Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. ' County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. . . I , Days -Days shall mean consecutive workday's days u~less otherwisJ specified. Deputy City Engineer, . .fleet & Faclllties -The Municipal Projects Manager's immediate supervisor and third level of appeal for informal dispute resolution. ) Dispute Board -Persons designated by the City M~mager of the City of Carlsbad, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad is the last appeal level for informal dispute resolution. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engi- neer is the fourth level of appeal for informal dispute resolution. r Minor Bid Item-A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Char:ige Orders and Supplemental Agreements: A Modification may only be -used after the effective date of the Contract. Municipal Projects Manager -The Construction Manager's immediate) supervisor and second level of appeal for informal dispute resolutiorr. , . \ Notice of Award -The written notice by the Agency to the successful Bidder· stating that upon com- pliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which , the Contract time will start. · Own Organization -\Nhen used in Section 2-3.1 -Employees. of the Contractor who are hired, di-rected', supervised and paid by the Contractor to accomplish tlie completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal . income taxes paid and administered, as applicable, by the Contra9tor. When used in Section 2-3.1 "own organization" means construction equipment t,hat the Contractor owns or leases and uses to accompli.sh the Work. Equipment that is owner operated or leased equipment with an operator is not 1 part of the Cc;mtractor's Own Organization and will not be included for the purpose of compliance with SectiorJ 2-3.1. , · /~ ' \ I '..._..J Person -Any individual, firm, association, partnership, corporation, trµst, joint venture, or other legal entity. ft Q Revised 6/12/18 Page 49 of99 Contract No.~ Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, apJl)roved by the Enginf!er, which show the location, character, dimensions, or details of the Work. ) '\,. Private Contract -Work subject to Agency inspection, control, 'and approval, involving private funds,· not administered by the Agency. · Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of anaiysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in trye Contract·Documents. These refer to the latest edition, including amendments in effect and puQlished at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. l ' Roadway -The portion of a street reserved for vehicular use. Service Gonnectlon -Service connections are all or any portion of the conduit, cable, or duct, in- cluding meter, between a utility distrioution line and .an individual consumer. \ Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. -- Specifications -General· Provisions, Standard Specifications, Technical Specifications, Reference ~pecifications, Supplemental Provisions, and specifigations in Supplemental Agreements between the Contractor and the Board. J Standard -Toe shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details ,of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Spec~flcatlons -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". ,.. · State -State of California. ( Stonn Drain -Any ·conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness,between a base a'nd the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. 1 . .. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material ·is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the per- formance of obligations,' and the exercise of rights, specificalJy imposed upon and granted to the Agency in becoming a ~rty to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean· active and direct superintendence of details of the Work. Supplemental Agreement-A written amendment of the Contract Documents signed by both parties. 0 Revised 6/12/18 Page 50 of99 Contract No. ~ r Supplemental Provisions -Additions and revisions to the Standard l;>pecifications setting forth con- ditions and requirements peculiar to the work. · Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, pr structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That whlch is proposed to be constructed or done under the·Contract or permit, including the furnishing pf all labor, materials, equipment, and services. 1-3 ABBREVIATIONS · 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contr~ct Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Constructionn published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon C&G ........ : ............ , ............................... Curb and gutter ASANO ...................................................... Abandoned CFR ................................ Code of Federal Regulations ABS ........................ Acrylonitrile -butadiene -styrene CFS .......................................... Cubic Feet per Second AC ..................................................... Asphatt· Concrete CIP ......................................................... Cast iron pipe ACP .......................................... Asbestos cement pipe GIPP ............................................... Cast-in place pipe ACWS ..................... AsphaH concrete wearing surface CL ............................................. Clearance, center line ALT ................................................................ Alternate CLF ..................................................... Chain link fence APTS ................................ Apartment and Apartments CMB ............................... Crushed miscellaneous base AMER STD ................................... American Standard CMC ......................................... Cement mortar-coated AWG-............... American Wire Gage (nonferrous wire) CML ............................................ Cement mortar-lined BC .................................................. Beginning of curve CMWD ............. ~ ...... Carlsbad Municipal Water District BCR ....................................... Beginning of curb return CO ................................................... Cleanout (SeYJer) BORY ..................................................... : ...... Boundary COL ................................................................. Column BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings COMM ...................... , ............................... Commercial CONG .......... : ................................................. Concrete BM .......... '. ................................................. Bench mark CONN ........................................................ Connection BVC ......................... .' ......... Beginning of vertical curve CONST ................................... Construct, Construction B/VIJ ........................................................... Back of wall COORD ...................................................... Coordinate CIC ..................................................... Center to center CSP ........................................... Corrugated steel pipe CAB ................... ' ................... Crushed aggregate base CSD .. '. ............................ Carlsbad Standard Drawings CAL/OSHA ............ California Occupational Safety and CTB ............................................. Cement treated base Health Administration CV ............................................................. Check valve Carrrans , ...... California Department of Transportation CAP .......................... : ........ Corrugated aluminum pipe CY ................ : .............................................. Cubic yard D ................. .' ............................................ Load of pipe CB ............................................................. Catch Basin dB .................................................................. Decibels Cb ........................................................................ Curb DBL ................................................................... Double CBP ............................... Catch Basin Connection Pipe DF ............................................................... Douglas fir CBR ....................................... California Bearing Ratio DIA ................................................................. Diameter CCR ............................. California Code ofRegulations DIP ..................................................... Ductile iron pipe CClV ............................................... Closed Circuit lV DL ........................ , ....................................... Dead load CES ......................... Carlsbad ~nglneerlng Standards CF ................................................................. Curb face DR ...................................................... Dimension Ratio DT ................................................................. Drain TIie CF ................................................................ Cubic foot DWG ............................................................... Drawing 0 Revised 6/12/18 Page 51 of99 ~ontract No. ~ DWY ..................... , ....................................... Driveway ID ......................................................... Inside diameter DWY APPR ................................... Driveway approach INCL. .............................................................. Including E ...................................................................... Electric INSP ............................................................ Inspection EA ........................................................................ Each INV ...................................................................... Invert EC ............................................................ End of curve IP .................................................................... Iron pipe ECR ................................................ End of curb return JC .................................................... Junction chamber EF ............................ .' ................................... Each face EG ......................................................... :Edge of gutter EGL .................................................. Energy grade line El .................................................................. Elevation ELC ..................................... Electroller lighting cond1:1it EL T ........................................................ Extra long ton ENGR .~ ..................... : ............... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ET8 .......................................... Emulsion-treated base JCT ........................... , ..................................... Junction JS ..................................................... Junction structure JT .......................................................................... Joint L .................................. , ..................................... Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ................................................................. : .... Pound LO ..................................................... Local depression LF ................................................................ Linear foot LH ..... ,.! ...... : ................................................ Lamp hole LL ................................................................... Live load EVC .............................................. End of vertical curb EWA ............................... Enclna Wastewater Authority EXC ............................................................ Excavation LOL ................................ : ............................ Layout line LONG ........................................................ Longltudlnal LP ............................................................... Lamp post . EXP JT ................................................. Expansion joint LPS ................................. Low pressure sodium (Light) EXST .................... : .......................................... Existing LS ............................................................... Lump sum F .................................................................. Fahrenheit L TS .................................................... Lime treated soil F&C .................. · .......... : ...................... Frame and cover L WO ............................... Leucadia Wastewater District F&I .................................................. Furnish and Install MAI NT ...................................................... Maintenance FAS ............................................................... Fabricate MAX .............................................................. Maximum FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FON ........................................................... Foundation FED SPEC .................................. Federal Specification FG ........................................................ Finished grade FH ........................................................ : .... Fire hydrant FL. .................................................................. Flow llne FS ...................................................... Finished surface FT-LB~ ....................................................... Foot-pound FTG .................................................................. Footing MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ...... ~ ........................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify MON ................. : .............................. : .......... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boriog Machine MULT ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonrelnforced concrete pipe GAL ................................................ Gallon and Gallons OBS ............................................................... Obsolete GAL V ......................................................... Galvanized OC ............................................................... On center GAR ........................................... Garage and Garages GIP .............................................. Galvanized Iron pipe GL ......................................... Ground line or grade line GM ......... ,: ................................................... Gas meter GNV ............................................... Ground Not Visible GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................... 1 ••••••••••••••••••••••••••••• Hose bib HC ...................................... ~ ............ House connection HOWL ........................................................... Headwall OD .................................................... Outside diameter OE .............................................................. Outer edge OH E ................................................. Overhead Electric OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite. ORIG ............................................... :; ........... ~ ... Original PB .... :· ............. .' ........................... .' .... , ............... Pull box PC .................................................... Point of curvature ' PCC ....................... Portland cem~t concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ...................... : ..................................... Polyethylene Pl ........................... : ...................... Point of intersection PL ........ : ................ '. ......................... .".: ...... Property line PMB .................... : ....... Processed miscellaneous base HGL ............................................. Hydraulic grade line . POC ...................................................... Point on curve HORIZ .............................................. : ........... Horizontal POT ................................................... Point on tangent HP ............................................................. Horsepower PP .............................................................. PO\Ver pole HPG ................................................ High pressure gas HPS ................... : ........... High pressure sodium (Light) HYDR ............................................................ Hydraulic PRC .......................................... Point of reverse curve PRVC .... ; ....................... Point of reverse vertical curve PSI ......................................... Pounds per square inch IE ........................................................ Invert Elevation PT .............................................. · ...... Point of tangency ~' ~ Revised 6/12/18 Page 52 of99 Contract·No. 4715 ) PVC ................................................. Polyvinyl chloride SSPWC ............................. Standard Specifications for PVMT ........................................................... Pavement ' Public Works Construction PVf R/W ....................................... Private right-of-way ST HWY ................................................. State highway Q ........................ Rate of flow In cubic ~t per second QUAD ················i····················"JQuadrangle, Quadrant R ........................ , ............................................... Radlus ST A ................................................................... Station STD ................................................................ Standard STR .................................................................. Straight R&O .......................................... '. .............. Roel< and oll R/W ............... : .......................................... Right-of-way STR GR ................................................. Straight grade STRUC ......................................... Structural/Structure RA ....................................................... Recycllng agent SW ................................................................. Sld8'Nalk RAC ................................... Recycled asphalt concrete SWD ..................................................... Sidewalk drain RAP ............................... Reclaimed asphaH pavement SY ....................................... : ..................... Square yard RBAC .............................. Rubberized asphalt concrete RC ..... : .......................................... Reinforced concrete {1:i.·N:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:.~~~g0 ~ RCB ...................................... Reinforced concrete box TC .................................. (, ......................... Top of curb RCE .............. : ....................... Registered civil engineer TEL ............................................................. Telephone RCP ..................................... Reinforced concrete pipe TF ...................................................... ·: ... Top of footing RCV ........................................... Remote control valve REF ................ : ...... , ...................................... Reference TOPO ................................ \··············'·······!. Topography TR ........................................................................ Tract REINF .............................. Reinforced or reinforcement TRANS ......................................................... Transltlo'n RES .............................................................. Reservoir RGE ............ : ........... Registered geotechnlcal_ engineer TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit ROW ....................................................... Right-of-Way RR ................................................................... Rallroad RSE ................. .' ........... Registered structural engineer TSS ........................................... Traffic signal standard WP:::::::::,::::::::::::::::::::::::::::::::::::::::::::::::::::~.~.~,-°~~: RTE. ................................... Registered traffic engineer ..) S ................................... Sewer or Slope, as applicable SCCP .... : .......................... steel cylinder concrete pipe SD .............................................................. stonn drain UE .............................................. Underground ElectriG USA ................................... Underground Service Alert VAR .................................................... Varies, Variable 1\/8 ................................................................ Valve box SDNR.1 ............................. San Diego Northern Railway SOR ....... Standard thennoplastlc pipe dimension ratio VC ........................................................... Vertical curve VCP .................................................. Vitrified clay pipe (ratio of pipe 0.0. to minimum wall thickness) VERT ............................................................... Vertical SDRSD ......... San Diego Regional Standard Drawings VOL. ................................................................. Volume' SE ...................................................... Sand Equivalent VWD ...................................... Vallecltos Water District SEC ................................................................. Section W ....................... Water, Vllider or \f\/idth, as appllcable SF ........................ , .......................... : .......... Square foot WATCH .............. Work Area Traffic Control Handbook SFM ................................................ Sewer Force Main SI ....... \ .............. International System of Units (Metric) SPEC .................................... :..' .............. Specifications ~·:::::::::::::::::::::::::::::::::'.:'.::::::::::::::::::::::~~~:~r: WPJ ........................................... Weakened plane joint SPPWC ........... '. .............................. standard Plans for ' XCONN ........................................ : ... Cross connection Public Works Construction XSEC ......... .' ........................................ , .. Cross section / 1-3.3 Institutions. , Abbreviation Word or Words AASHTO , Americarf Association of State Highway and Transporta~ion Officials AISC ............ , ......................................................... American Institute of Steel Construction ANSI. ..................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society (or Testing and Materials AWPA ................ , ................................................ American Wo.ocfPreservers Association AWS ................................................... ; .... ' ......................... : ...... American Welding Society AWi/VA ...................................................................... American Water Works Assoc;iation FHWA ......................... : ................................................... Federal Highway Administration GRI .................... '. ............................................................ Geosynthetic Research Institute N~MA. ..................... "·································· National ElectriGal Manufacturers Association i NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ...................................................... , ...................... '. ....... Underwriters' Laboratories Inc. 0 Revised 6/12/18 , 1 Page 53 of 99 Contract No. il1._5 • I USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System; are· the principal measurement system in these specifications. However, certain material specifications and test re- quirements contained herein use SI units specifically and conversiqns to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. Not Used. 1-5 SYMBOLS -Not Used. '--- l 0 Revised 6/12/18 ( Page 54 of99 Contract No . .4115. I SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award·and execution of Contract will be as pro- vided for in the Specifications! Instruction to Bidders, or Notice Inviting Bids. 2-2 . ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Gontract. If given written notice, such assignment will be recognized by the Board to t~e extent permitted by law. Any assignment cif money shall be subject to all proper withhdldings in 'favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for compl~tion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below.for information: The Bidd~r·shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construc- tion of the work or improvements, or a subcontractor licensed by the State of California who,· under subcontract to the prime contractor, specially fabricates and installs a por- tion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 p~rcent of the prime contrac- tor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater:" ' ' "(b) The portion of the work whi~h will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for' each such portion as is defined by the prime contractor in_his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the-work to be performed under the Contract'(in excess· of one-half of 1 percent of the. Co'ntractor's total Bid), the Contractor shall be qualified to perform that portion itself, and ·shall perform that portion ~self, except as othery.,ise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute' any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by proce- dures established in Section 4107.5. This section provides procedures to·corfect a clerical error inthe listi~~ of a Subcontractor. · · · · Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and th~ Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should ttie Contractor fail to adhere to the provisions requiring ttie Contractor to complete 25 percent ... 1 of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or dedyct an amount equal to 1 0 percent of the value of the work perfom:ied, in excess of 75 ft : ,~, Revised 6/12/18 Page 55 of9f! Contract No.~ percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings und,er this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten ( 10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. · 2-3.2 Additional Responsibillty. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. l The Contractor shall perform, with its own organization, Contract work amounting to at least 50 per- cent of the Contract Price except that any designated "Specialty Items" may be performed by subcon- tract, and the amount of any such "Specialty Items• so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organiza- tion. "Specialty Items" will be identified by the Agency in the Bid or Proposal. 'Mlere an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Con- tractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap- proval a written statement showing the work to be subcontracted giving the name and business of ea9h Subcontractor and description and value of each portion oJ the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be ac- companied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bqnd premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract anc;I be signed by both the ~idder and Surety and the signature of the authorized agent of the Surety shall be notarized. \ The Contractor shall provid~.a faithful performance/warranty bond and payment bond (labor and ma.:. terials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hun- dred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. ' The faithful performance/warranty bond will be reduced to 25 percent of the origir:ial amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year \ warranty period arid until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance earner admitted and _authorized to transact the business of insurance in California and whose assets exceed their liabilities in_ an amount equal to or 0 Revised 6/12/18 / Page 56 of99 Contract No. 4115 /' in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, Qy laws, or other inst~ment entitling.or authorizing the persori who executed the bond to:do so. 2) A certified copy of the certificate of authority of the i_nsurer issued by_ the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of th~ assets and liabilitie~ of the insurer at the end of the quarter calendar year prior fo 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate/as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by 1 the oath of the principal 9fficer or manager residing within the United States. \ Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiv- ing notice from the Agency. , · . Sheu.Id any Surety at any time be unsatisfactory' fo the Board, notice will be given the Contrac;tor to that effect. No further·payments shall be deemed due or will be. ma.de under the contract until a new Surety shall qualify and be accepted by the Board. · ·., Changes in the Work or ,extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Sur~ty from its obligations. Notice of such changes or extensions shall be '-Yaived by the Surety. 1 · · • 1 I 2-5 PLANS AND SPECIFICATIONS, 2-5.1 General. See Exhibit 1 attached to this Request for Bid. Exhibit 1 trailer layout shows the intent of the project to provide temporary accommodations for police department staff during the course of 'planned renovation work. \ 2-5.2 Precedenf8 of Contract Documents. ' If there is a conflict between Contract Documents, the document highest in precedence s_hall control. The preced~nce shall b~ the most recent edltion of the following documents listed in order of highest to lowest precedence: 1 .' - 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, which~ver occurs last. 4) Contract · · . 5) Carlsb~d General Provisions, Technical Specifications, and Supplemental Provisio.n.s. · 6) Plans. 1 , 7) Standards plans. . a) City ·of Carlsbad Standard Drawings. ) b) Carlsb~d Municipal water.District Standard Drawings. ,· . · c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings .. d) San Diego Area Regional Standard Drawings. · e) Traffic Signal Design Gui9eline~and Standards. r f) .. State of California pepartment 1of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. • · · 1 Q). Mam.~facturer's Installation Recommendations t Detail drawings shall take precedence over gene~! drawings. · · ,Q. Ravi~ 6/12/18 Page 57 of99 Contract No . .41].Q Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. \_ 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the.Plans or Special Provisions, or when requested by the Engi- neer. _ Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the. required submittals have been reviewed and accepted by the Enginee·r. Neither review nor acceptance of submittals"by the Engineer shall relieve the Contractor from respon- sibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. n,e Contractor shall be responsible for th~ correctness of the submittals. ' The Contractor shall allow a minimum of 20 working days for review_ of submittals .unless otherwise ~specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the origin~I submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indi- cate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each ·submittal shall be c_onsecutively numbered. Each set of shop drawings and submittals shall be ac- companied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the follqwing: 1) Project title· and Agency contract number. 2) Number of complete sets. 3) Contractor~s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) ' 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. \ r' \JVl1.en~~pQ1i~E3tjfo,r:-!h~ Enginee(s review, Shop Drawings shall-bear-the Contractor's certification that ... _____ .... the Contractor has reviewed, checked, and approved the Shcip .. Drawf'ngs and that the·f are-iii con-···--·--·-·-.. ·- formance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, .is in compliance with the Contract Documents, can be in~talled in the allocated ·spaces, and is subm'itted for approval." , · . '; • By: ---------------Trtle: ____________ _ Date: ___________ _ Company Name: ____________________________ _ O,Revised 6/12/18 Page 58 of99 Contract No. ~ 2-6.3.2 Working Drawings. Wdrking drawings are drawings showing details not sbown on the Plans · which are required to be designed by the Contractor. Working drawings shall be pf a size and s~le to clearly show all necessary details. Six copies and one reproducible shall. be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain th~ remaining copies and the· reproducible. \ 2-5.3.3 Shop Drawings. Shop drawings are dra'#ings showing details of manufaqtured or assembled products pro~osed· to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions.· · ' 2-6.3.4 Supporting Information. Supporting informatidn is information required by the Specifications for the purposes of administration of, the Contract, analysis for verification of conformance with the , Specifications, the operation and maintenance of a manufactured product or system to be cgnstructed as part of the Work, and other information as may be required by the Engineer. Six' copies of the supporting information shall, be 'submitted to the Engineer prior t9 the start of the Work unless other- wise specified in t~e Special Provisions or directed by the Engineer. Supporting information for sys- tems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required u,nless otherwise specified in the Special Provisi_ons: 1) '2) 3) 4) 5) List of Subcontractors per 2-3.2. List of Materials per 4-1.4.' Certificatior:,.§ per 4-1.5. ~ Constructipn Schedule per 6-1. Confined Space Entry Program p~r 7-10.4~4. Concrete mix designs per 201-1.1. 1 • ' ' ) Asphalt concrete mix designs per 203-6.1. '6) 7) 8) ( · Data, including, but not limited.to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information, necess~ry to describe a sys- tem, product or item. This information is required for irrigati,on systems, street lighti_ng systems, and traffic signals, and may also be required for any product, ma~.ufactured Item, or system. 2-5.4 RECORD DRAWINGS. Not Used .. . -. 2-6 WORK TO BE DONE. The Contractor shall perform all'work necessary to complete the Contract in a s·atisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equip- ment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. Not.us~d. · ·~ -:. ) \ 2_:..S (RIGHT -OF-WAY. Rights:-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, tile Contractor, shall make arrange111ents, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas arid.facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Pennanent Survey Markers. Not used. ft Q Revised 6/12/18 Page 59 of99 Contract No. 4715 2-9.2 Survey Service. Not used. 2-9.2.1 Sub~lttal of Surveying Data. Not used. 2-9.2.2 Survey Requirements. Not used. • I -2-10 AUTHORITY OF BOARD AND ENGINEER. The Board bas the final authority in all matters affecting the Work. Wrthin the scope of the Contract, the Engineer has the authority to enforce com- pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized repr~sentative. ' · The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any-payment under the .Contract, unless otherwise ordered by the Boar:_d. , , 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. · 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, with.in San Diego County, a~urate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. Th'e Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors ~rformance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but riot be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the ~taff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transc;ripts from such data and records, and to make audits of all invoices, materials, pay- rolls, records of personnel, and other data relating to all matters covered by this C<:mtract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contrac- tor's ongoing business operations. Contractor and 1all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is·subjectto inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any· authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and work- man.ship are in acpordarice with these specifications, Inspection of the Work shall not relieve the Con- tractor of the obligation to fulfill all conditions of the Contract. . 0 Revised 6/12/18 Page 60 of 99 1 Contract No. 411..5 / .\ I ,/ SECTION 3 -CHANGES IN WORK· I, 3-1 CHANGES RE<;:lUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Cbntractor, which 1do not materially affect the Work and which are not -detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein ~hall be construed as granting a right to the Contractor to demand ~cceptance of such changes. , ' 3-1.2 Payment for Changes Requested by the Contractor. lf'such changes are·granted, they shall be made at a reduction in cost or no ad~itional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limita- tion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both .parties agree to proceed with the change by Change Order. · · ·1 . Change Orders shall be -in writing and state the dollar value of the change or ystablished method of payment, any adjustment in contract time of completion, and when negotiated 'prices are involved, shall p~ovide for the 9ontractor's signatu~ indicating a~ptance. 3;12.2 Payment 3-2.2.1 Contract Unit' Prices. If a change is ordered in an item of work covered by a· Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans O[ specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work cov_ered by a Contract Unit Price and constructed in conform- ance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will · be made at the Cpntract Unit Price. If the actual quantity of said item of work vari'es from the Bid · quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is o.rdered in an item of work covered by a Contract Wnit Price, and such change does involve a substantial change in the Character of the work from that shown on the Plans or specified in the Specifications, an adjustment in• payment will be made per Section 3-2.4. · r ' 3-2.2.2 Increases of More Than 50 Percent Should the actual quantity of an item of work covered by a Contract l,Jnit Pri~ and constr:ucted in conformance with the Plans and Specifications, exceed the Biq quantity by niore than 50 percent, payment for the quantity in excess of 150 percent of the Bid s, quantity will be made on the basis of an adjustment in the' Contract Unit Price, mutually agreed to by the Contractor and the Agency, o~ at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basi,s of payment, shall not:include fixed costs. Fixed costs shall -'be ~eemed to have been recovered by the Contractor through payment for 150 perce,nt of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent Should the actual quantity,of an item of wort< covered ' ,, by a Co11tract Unit Price, and constructed in conformance·~th the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will~not be made unless·so requested 0 Revised 6/12/18 Page 61 of99 Contract No . .4Zli! I ( in writing by the Contractor. If the Contractor so requests, payment will be made on the'i basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section-'3-3; however, in no case will payment J - be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percen1t of the Bid quantity at the Contract Unit Price. 3-2.3 Stlpulated Unit Prices. Not Used. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual· agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3i2.2.3. 3.2.4.1 Schedule of Values. Not used. See Proposal. 3'.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will b~ made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifica- tions is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In 'this case, the material shall become the property of the Agency. Payment wiil be made to the Contractor for -its actual costs for any further handling. lf'the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for han- dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. , 3-3.1 General. New ·or unforeseen work will be classified as "extra work" when the Engineer deter- mines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment 3-3.2.1 General. When the price for. the extra work cannot be agreed upon, the Agency will pay for the extra work based on t~.e accumulation of costs as provided herein. 3-3.2.2 Basis for Establl~hi':'g Costs. ( (a) Labor. The costs df labor will be the actual· cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments pf payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and 0th.er direct costs, resulting from Federal, State, or local laws, as well.as assessments or benefits requ1red by lawful collective bargaining agreements: j The use of a labor classification which would, increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such ad,ditional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen ~hall be proportioned to all of their assigned work and only that · applicable to extra work will be paid. l. __ 0 Revised 6/12/18 Page 62 of99 Contract No. il15. ( ( f ) Non-direct labor costs, including superintendence, shall be considered part of the markup of Section , 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at IA'hich such materials are locally available and delivered to the job site in the q!,Jantities involved, plus sales 'tax, freight, and delivery. ' - . ~ The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. 1 (c) Tool and Equipment Rental. No payment will be made for the u~ of tools which have a replace- ment value of $200 or less. . I , . Regardless of ownership, ,the rates and right-of-way delay factors to be 4sed in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental R~tes" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be use,d as multipliers, of the rental rates for determining the value ot'costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates· published therein are not · a part of this contract. ' The rental rates paid shall include the ~st of fuel, oil, :lubrication, supplies, small tools; necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inciden- tals. Necessary loading and. transportation costs for equipment used on the extra work shall be in- cluded. ( . 'If equipment is used intermittently and, when not in use, could be returned to its rental source at less ~xpense to the Agency than holding it at the Work site, it shall be' returned, unless the Cdntractor elects to_keep it at the Work site, at no expense to the Agency. All equiprn'ent shall be acceptable to the 'Enginee~ in good working condition, and suitable for the puwose for which it is to be us~d. Manufacturer's ratings and approved modifications shall be used to cl~ssify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. , The reported rental time for equipment-already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. 1 (d/ Other Items. The Agency may authorize other Items which may be required on the extra work, including labo~, ser'{ices, material, and equipment. These items must be different in their natl!re from those required-for the Work and be of a type not ordinarily available from the Contractor or Subcon- tractors. Invoices covenng all s.uch items in detail shall be submitted with th.e request for payment. ; ', \ (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be sub- mitted with the request for,\payment. If the request for payment is not substantiated by invoi~, or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. · ft Q Revised 16/12/18 f Page 63 of99 Contract No . .411§ 3-3.2.3 Markup. (a) Work by Contractor. The following percenta~es shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .......... , .. . .. .. .. .. .. .. .. . 15 3) Equipment Rental ................... 15 4) , Other Items and Expenditures .. 15 I , ' To the sum of the costs and m,arkups provided for in this section, 1 percent shall be added as com- pensation .for bonding. ' (b) Work by Subcontractor. VVhen all or any part of the extra work is performed by a Subcon-, tractor, the markup established in' Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra 1 work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3'.3 Dally Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engi'neer on forms approved by the Agency. Included are . applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that 'the Contractor submits completed daily reports and all supporting documents. to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and · the Contractor. In the event of disagreemer,t, pertinent1notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of .the report. Reports ~y Subcontractors or others shall be submitted through the Contractor. · , The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading , and transportation, if applicable. ' 4. Describe other services and expenditures in ·suc~detail as the Agency may require. I 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be- fore they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Con- tract· ' ' ' ' ' 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and \ -3_ Material differing from that rep;esented .in the Contract which the Contractor beli~ves may be , hazardous waste, as defined in Section 25117 of th~ Health and Safety Code, that is required r· ft Q Revised 6/j 2/18 Page 64 of99 Contract No . .41.15 ) to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of / existing law. The Engine~r will promptly investigate conditions which appear to be changed conditions. If the Engi- , near detennines that conditions are changed ~onditions and they will materially affect perfonnan~ time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. · r IMhe Engineer detennines that the conditions do not justify an adjustment in compensation, the Con- tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. ( The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall co·nstitu~e a waiver of all claims in connection thecewith. Th~ Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening · of any event,,thing, occurrence, or other cause,,unless the Contractor shall have first given the Engi- neet due written notice\of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice p'rovisions i!l Section 6-7.3 Contract Time Accounting, nor to any claim that' is based on differences 'in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by 'the Con- tractor to the Engineer upon their discovery and prior to the time that the Contractor perfonns the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their dispovery and before. they are disturbed shall constitute a waiver of all claims in connection therewith. 1 The Contractor shall provide the City with a written document containing a description of the particular circumstan~s giving rise to the potential claim, the ·reasons for which the Contractqr ~elieves, addi- tional compensation may be due and nature of any and all costs irvolved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed The potential claim shall 'include th.a following certification relat'ive to the California False Claims Act, r Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees' that this potential claim, unless resolved, must be restated as a claim in response to the_ City's proposed final estimate in order for it to be further considered." By: ---------------r Title: ____________ _ Date: ---------------------------- ( Comp_~ny Name:-----~-----------,-------------.. ' ' ' The Contractor's estimate of costs may be updated when atjual costs.are known. The Contractor shall 'submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of ~ny claim subsequently filed on the basis of said1notice of_ potential claim. I 0 Revised 6/12/18 Page 65 of99 Contract No . .41.15 \ It is the intention of this section that differences betwe~n the parties arising under and by virtue of the contract be brought to rtt,e attention of the Engineer at the earliest possible time in order that such 1 matters be settled, if possible, or other appropriate action promptly taken. · 3-6 DISPUTED WORK. The Contractor shall give the agency written notiGe of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a :waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the, work. ' • Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified here- ' inafter, the contractor shall attempt to resolve all disputes informally through the. following dispute resolution chain of command: ) 1. Construction Manager 2. City Municipal Projects Manager 3. Deputy City Engineer, Fleet & Facilities 4. City Engineer 5. City Manager ) The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating/its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim o~ appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's- report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position1within 10 working days of receipt of said additional information or Contractqr's presentation of its report. The Contracto-r may appeal each level's position up to the City Manager after which the Contra~or may proceed under the provisions of the Public Contract Code. · The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. ~ All claims by the -Contractor shall be resolved in acc9rdance with Publi~ Contract Code section 9204, which is'set forth below: 9204. (a) The Legislature finds and d~clares that it 1s in the best interests of the state and its citizens to ensure that all construction business Mrformed on a public works project in the state that is com- plete and not in dispute is paid in full and in a timely manner. · (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (comme!")cing with Section 10240) of Chapter 1 of Part,2, Chapter 10 (commencing with Section 19100) of P~rti-,2, and Article 1.5 (commencing ·with Section 20104) of Chapter 1 of Part·,3, this section shall apply to any claim by a contractor in connection with a public works project: . .1 (c) For purposes of this section: . 1 (1) "Claim" means a separate demand by a contractor sent by registered mail or'certified mail with return receipt requested, for one or more of the.following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay as-, sassed by a public entity under a contract for a public works project. - ft. Q Revised 6/12/18 Page 66 of99 Contract No . .41.15 (B) Payment by'the public entity of money or dan;iages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which th~ claimant is not otherwise entitled. (C) Paym!3nt of an amount that is di~puted by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with , Section 7000) of Division 3 of the Busine~ and Professions Code who has entered into a direct con- tract with a public entity for a public works project. ( (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California,' a city, including a charter city, county, in'cluding a charter county, city arid co,unty, including a charter city and county, district, special district, public authority, political subdivi- sion, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the pulilic agency. (B) "Public entity" shall not include the following: (i} The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Departmerit of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks· and Recreation 'as to any project under the jurisdiction of that depart- ment. ., \ (iv) The Departm~nt of Corrections and Rehabilitation with respect to any'project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7' of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. J (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection,·construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. 1 (5) "Subcontracto~ means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or 'is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section; the public entity to which the claim applies shall conduct a r~asonaq_le review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a publidentity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written state- ment identifying the disputed portion and the undisputed portion ofthe claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expi'res to provide the claimant a-written statement iqentifying the disputed r portion and the undisputed portion. _ .(D) Any payment due on an undisputed portion c;>f the claim shall be processed' and made within 60 ·, ,,days after the pl!Jblic entity issues its 'written statement. If the public entity fails to issue a written state- ment, paragraph (3) shall apply. , , , (2) (A) If the claimant disputes the-public entity's written response, or if the public entity fails· to respond to a claim issued pursuant to this secti'on within the time prescribed,· the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent b~ registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer co'nference within 30 days for settlement of the dispute. (B) Within 1 0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in di~pute, the public entity shall provide the claima'nt ·~ written ~ Q .Revised 6/12/18 Page 67 of99 Contract No . .4115 statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the _claim shall be pro-cessed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as 'identified by the contractor in writing, 'shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within, 10 business days after the disputed portion of the ,claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator; and th9se mediators shall select a qualified rieutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of,the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any non binding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists ' ' ~ the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized $hall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the,contractor ii") 'writing, the mediation con- ducted pursuant to this section shall excuse any further obligation· under Section 20104.4 to mediate after litigation has been commenced. ,..,, (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation unqer this secti,0n does not resolve the pa,rties' dispute. (3) Fc1ilure by the public entity to respond to a claim from a contractor within the time period~ described in this subdivision or-to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A _claim that is denied .bi)' reason of the public entity's failure to have responded to a claim, 9r its failure to otherwise meet the time requirements of this section, shall not constitute an adverse ,finding with regard to the merits of the claim or the responsibility or qualifi- cations of the claimant. , (4) Amounts not paid in a timely manner as required by this section shan bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal, standing to assert a claim against a publi~entity becaus~ privity of cofrtract·does not exist, the _contract-or niay present to the public entity a claim on behalf ofa subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to -the public entity shall furnish reasonable documentation to support the claim. Wrthin 45 days of receipt of this written re- quest, the contractor ~hall notify the subcontractor in writing as to whether the co_ntracto~ presented the claim to the public entity and, if-the original contractor did not present the claim, provide the sub- contractor with a statement of the reasons for not having done so. (eDne text of this section: o~ a summary of if shall be set forth in the ~ans or specifications for any _ public works project that may give rise to a claim under this section. ~, - (f) A waiver of the rights granted by this section is·\,oid and contrary to public policy, provided, ho'.Yever, that (1) upon receipt of a claim, the parties may mutually agree to waive, in Wfiiting, mediation and proce~d directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public' entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provi·sions of this section, so long as the contractual provisions do not conflict with ?r otherwise impair the timeframes and procedures set forth in this section. (g) This section applie{) to contracts entered into on or after January 1, 2017. 0 Revised 6/12/18 Page 68 of99 Contract No. 4715 (h) Nothing in this section shall impos'e liability upon a public entity that makes loans or grants avail 1 able .through a competitive application process, for the fa[lure of an awardee to meet its contractual obligati0ns. . ' (i) This section shall remain in effect only until Jan,uary 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shali be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article· 1.5 (commencing with Section 20104) which is set forth below · ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all· public works claims of three hundred seventy-five thousar:u;j dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a co·ntract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 .1 ( commenc- ing wrth Section 10240) of Chapter 1 of Part 2. · (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. ~ (2) "Claim" means a separate demand by the contractorr for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant ·to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specificati!'.:ms · for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or-after January 1,·1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdMsion is intended to extend · the time limit or supersede notice requirements otherwise provided by co·11tract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim,lor may'request, in writing, within 30 d~ys of receipt of the claim, any additional documentation supporting· the claim or relating to defenses to the _claim the local agency may have against the claimant. · . · (2) If additLq.nal,inforrn.a.t_io_n is thereafter required, it shall be req~~.t~:~nd provided pursuant tc;>Jb.is :~=---= · .-~~ subdivision, upon mutual agreement of the local agency and the ·claimant. J · (3) The local agency'i;, written response to the claim, as further documented, sh~II be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50;000) and less than or equal to three hundred. seventy-fwe thousand dollars ($375,000), the local agency shall respond in writing to all written claims. within 60 days of receipt of the claim, or may request, ·in writing, within 30 ,days of receipt of the claim," any \additional documentation supporting the claim or relating to defenses fo the claim the local agency may have against the claimant. . . , (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the, claimant. . . . (3) The local agency's written response to the claim, as further d◊ciimented, shall be submitted to the claimant within 30 days after receipt of the further documentation,· or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is great~r. ., · ' 'ft ~ Revised 6/12/18 Page 69 of99 Contract No . .4115 · (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the ·time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt ·of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an infonnal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet an_d confer conference within 30 days for settlement of the dispute~ (e) Following the meet and confer conference, if the claim_or any portion remains in dispute, the claim- ant may file a claim as provided in Chapt~r 1 (commencing with Section 900) and Chapter 2 (com- mencing with Section 910) of Part 3 of Division 3.6 of Trtle 1 of the Government .Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet arid confer process. - (f) This article does not apply to tc:>rt ,claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of litle 1 of the Government Code. · 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: · · (a) Wrthin 60 days, but no earlier than 30 days, following ,the filing or responsive pleadings, the court. shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from'the commencement of the mediation unless a·time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator 1 within the 1_5-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to j!,Jdi9ial arbitration pursuant to Chapter 2.5 (commencing_ with Section 1141.10) of Trtle 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141: 11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with .Section 2016) of Chapter 3 of Trtle 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. · · (2)' Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced ir construction law, and, upon stipulation of the parties,. mediators. and arbitrators \shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate,· and such fees and expenses shall-be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, detennines a different division. In no event shaii' these fees or expenses be paid 'by state or county funds. ·. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Trtle 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de nova but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de nova. . (c) The court may, upon request' by any party, 9rder any witnesses to participate in the mediation or arbitration process. . · , ,. ·• . ... . ., / 20104.6. (a) No local agency shall fail to pay money a~ to any portion of a claim which is undisputed except as otherwi:,e proyided in the contract. , (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any · arbitration award or judgment. The interest shall begin to· accrue on' the date the suit is filed in a court of law. · · 0 Revised 6/12/18- Page 70 of99 Contract No.~ , -r Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ) 'i ( / '#ll! \.J Revised 6/12/18 Page 71 of99 Contract No . .41.15. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. \ \ 4-1.1. General. All m'aterials, parts, and equ'ipment furnished by the Contractor in the VVork shall be , new, high grade, and free from defects. Quality of work shall be in accordance with the 'generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be consid- ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engi_nees . If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer. may cause such work or materials to be replaced. The replac,ement expen~ will be deducted from the amount to be paid to the Contractor. "' Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifica- tions. · . ' r _ 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili- ties and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably-~ccessible for inspection. The Contractor shall alsci adequ'ately protect new and exi$ting work and all items of equipment for the duration of the Con- tract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or re- move equipment m materials which have been installed or delivered and which may be necessary for the completion of the Contract. ( ' 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical ma- terials and fabricated items as bituminous paving mbq:ures, ,structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. "' , ' Steel pipe in sizes less than 18 inches anq vitrified clay and cast iron pipe in all sizes a·re acceptable upon certification as to compliance with the Specifications, subject to sampling· and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures,. etc., are subject to inspection at the job site O.Qly. Special items of equipment such as designed elec- trical panel boards, large pumps, sewage plant equipment, .etc., are subject to inspection at the source, normally on~y. for· performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this sectiori. ,, .._ ' The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, ligtJting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Trtle 8, Industrial-Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor snail furnish Engineer with such information as may be necessary to keep the Engineer ' fully informed regarding progress and manner of work an a character of materials. Inspection or testing 0 Revised 6/12/18 Page 72 of99 Contract No . .4115 \ I ~ ' / 1--· ) of the whole or any portion of the work 6r materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. · · I 4-1.3.2 Inspection of Materials Not Locally Produced. Wheri the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En:. 'gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained .before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory ser- vices within 50 miles of the geographical limits of ·the Agency. For private .contracts, all costs of ,in- spection at the source, including salaries and mileage costs, shall be paid by the permittee. l I 4-1.4 Test of Material. Not used. 4-1.5 Certification. Not used. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. Toe Engineer shall determine whether the material offered is equivalent to that speci- fied. Adequate time shall be allowed for the Engineer to make this determination: · ' I Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name~ or by name of manufacturer, such wording is used for the purpose of f~cilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip- ment considered to be equivalent to' that indicated. The substantiation of offers shall be submitted as provided in the contract documents. T~e Contractor shall, at its expense, furnish data concemi,ng items offered by it as equivalent to those specified. The Contract9r shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. · , . . ~ -, .. - Test-methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be· made until approved by the Engineer. 1_ • • , , :, :, ' . If a-substitute offered by the Contractor is not found to be equal to the specified material·, the Contractor . · ·., shai! furnish ar,d install the specitie9 material. ! The specified Cqntract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opin-1 ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application 0 Re~ 6/12/18 Page 73 of 99 Contract No. 4715 \ the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to th'e Agency. r · ' 4-1.7 Weighing and Metering Equipment Not,used. 4-1.8 · Calibration of Testing Equipment Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load} measuring instruments, and strain-measur- ing devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to ex- ceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certifi- cates shall be provided when requested by thfl Engineer. -- ' 4-1.9 Construction Materials Dispute Resolution -(Soils, Rock Materials, Concrete, Mortar and Rel~ted Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified As- phalts). Not used. 4-2 MATERIAL TRANSPORTATION, HANDLING.AND STORAGE. Not Used. ' ) 0 Revised 6/12/18 Page 74 of99 Contract No. 4I1li SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. · · Where underground main di~tribution conduits such· as water, gas·, sewer, electric power, telephone, or cable television are shpwn on the Plans, the Contr~ctor shall assume that every property parcel will be served by a service connection for each type of utility. ~ I As provided in Section 4216 of the California Government Code, at least 2 worl<ing days prior to com- mencing any excavation, the Contractor shall contact the regional notification center .(Underground . Service Alert of Southern California) and obtain an jnquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installa- tions. ' · - ' The Contractor shall detem,ine the location and depth of all utilities, including service connections, which have been marked by· the res~ctiv~ owners and which may affect or be affected by its opera- tions. If no pay item i~ provided in the Contract for this work, full compensation for sutjl work shall be considered as included in the prices bid for other items of work. · . \ 5-2 PROTECTION. The Contractor shall not interrupt the service function o-r disturb-the support·of any utility without authority from the pwner or order from the Agency. All valves, switches, vaults, and- meters sj,all be maintained readily accessible for emergency shutoff. l . Where protection is required to ensure support of utilities located as shown on the Plans or in accord- ance with Section p--1, the Contractor shall, unless otherwise provided, furnish and _place the neces- ·sary protection at:its expense. Upon learning of the existence and location of any µtility omitted from or shown incorrectly on the . Plans, the Contractor shall immediately notify the En'gineer in'writing. When authorized by the l;:ngi- neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. , The Contractor shall immediately notify the Engineer and the utility owne_r if any utility is disturbed•or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if !ocated a!;l noted in Section 5-1 .. - When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: · 1. Furnish and install a 2 inch cushion of expansion joint material pr other similar resilient material; or 2. Provide1a sleeve or other opening·which will result in a 2 in~ min.imum-clear annular space between the1concrete and the utility; or 3. Provide other acceptable.means to prevent embedment ih or bonding-to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial em- bedment, or' a metallic utility installation; or where the coating, bedding or other cathodic protection 0 Revised 6/12/18 Page 75 of99 Contract No.~ system is exposed or damaged by the Contractor's operations, tpe Contractor shall notify the Engineer and arrange .to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of th~ system. •. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as ~abandoned" or io be abandoned in place". Before starting removal operations, the Contractor shall ascertain fr<?m the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements b~fore com- ' men cement of work by the Contractor. When the Plans or Specifications indicate ·that a utility installa- tion is to be relocated, altered, or constructed by others~ the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference/shall be protected-in tqeir position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. ~ ' After award of the Contract, portions of utilities which are found to interfere with th~ Work will be relocat99, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interfereAce. Such changes will be paid for in accordance with Section 3-2. I When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its conven- ience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocat~ ~ervi~ connections as necessary within the limits of the Work or within temporary constru_ction or slope easements. When directed by the Engineer, the Contractor shall ar- range for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. · Payment will include the restoration of all existing improvements which may be affected thereby. T,he Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such .agreement. -.. "' '" In conformance with Section 5-6 the Contractor shall coordinate tlie work with utility agencies and companies. Prior to the installation of )any and all utility structures within the limits of work by ,any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a r , part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otnerwise shown as installed by others. In order to mini- mize delays to the Contractor caused by the failure of other parties to relocatti utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit ~he portion of work affected by. the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physiq:11 control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's 'convenience and no additional compe'nsation will be allowed therefore or for addi- tional work, materials or delay associated with the temporary omission. -The portion thus omitted shall I be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 0 Revised 6/12/18 Page 76 of99 Contract No . .411.li ,( I 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protecti'on, removal, or relocation of utilities·: Said notification shall be included' as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for pro- tection, removal, or relocation of utilities. · ' The Contractor will not be entitled to damages or ?tdditional payment for delays attributable to utility relocations or ~lterat,iQ,n·s if correctly }ocated\ noted, ~nd completed in 1ccordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. · The Ag.ency will _assume responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The .Contractor will not be assess~d liquidated damages for any delay caused 1 by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. I I ' \ If the Contractor sustains loss due to delays attributable to interferences,· relocatio,ns, or alterations not covered by·Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there' shall be paid to the Contractor~uch amount as the Engineer may.find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. -, \ \ 0 Revised 6/12118 ..-I ' Page n of99 Contract No. 4715 SECTION 6 -PROSE_CUTION, PROGRESS, AND ACCEPTANCE OF THE WORK _) 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT .. QF WORK., Except as otherwise provided herein and unless otherwise prohibited by permits from other agenciE;lS as may be required .by law the Contractor shall begin work within _j_Q_calendar,,,..days .after receipt of the "Notice to Pro- d" . , . cee . I 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will' set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of1he Contractor ,to have the Contractor's r~ponsible project personnel attend the Preconstruction Meeting will be grounds for default. by Contractor per Section 6- 4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or'after the completion of the preconstruction meeting. , 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Con-. -' ' struction Schedule per the submittal requirements of Section 2-5.3. The"-submittal of the Baseline Construction Schedule shall be on hard (paper) copy and electrooic media conforming to Section 6- 1.3.3 Electronic Media. ' 6-1.2 P~paration and Review of the Baseline Construction Schedule. Not used: 6-1.2.1 Time-Scaled Network Diagram.. Not used. 6-1.2.2 Tabular Listing. Not used. 6-1.2.3 Bar Chart. Not used. 6-(2.4 Schedule Software. The ·cor:itractor shall use commerciaily available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corpo- ration to prepare the Baseline Construction Schedule and all updates thereto. 6-1.2.6 Schedule Actiyities. ,Except for submittal activities, activity durations shall not be shorter th~n 1 working day nor longer than 15 working days, unless specifically and individually allowed by the· Engineer. The Baseline Constructic;m Schedule shall include between-15 and 50 activities, includ- ing submittals, interfaces between utility companies and other agenci~s·,· project milestones and equip-.. ment and material deliveries. The number of activities will be sufficient, in the judgment of the Engi- neer, to communicate the Contractor's plan, for project execution, to accurately describe the project work, and to-allow monitoring and evaluation _of progress and of tity1e impacts. Each activity's descrip- tion shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. . t . 6-1.2. 7 Restraints to Activities. Not used. 6-1.2.8 Late Completion. Not used. ·. 6-1.2.9 Early Completion. Not used. . r 0 Revised 6/12/18 Page 78 of~ Cont@ct No. 4715 6-1.2.1 0 Engineer's Review. The Construction Schedule is subject to the review .·of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these suppleniental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these spectfications the Contractor shall correct the Con- struction Schedule tq meet these specifications and resubmit it to the Engineer. Failure of the Con- tractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the r Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the.date of the preconstruction (meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer1to review the initial Construction Schedule will not be included in the 30 working days. , ' J The Engineer will review and return to the Contractor, with any comments, the' Baseline Construction Schedule within 15 working days of submittaL The Baseline Construction Schedule will be returned . marked as per Sections 6-1.2.10.1 through 0:1.2.10.3. ' 6-1.2.10.1 "Accepted." The \Contractor may proceed with the project work upon issuance of the No~i~ to ;Proceed, and will receive payment for the schedul~ in accordance with Section 6-1.8.1. . . - 6-1.2.10.2 "Accepted with Comments." The, Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating t~e comments prior to receipt of payment per Section 6-1.8.1. · 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections , and chang~ of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed · . / will not be issued by the Engineeli if the changes of the ~mments are not submitted as required hereinbefore and marked "AcceptedD or ~Accepted with Comments" by the Engineer. The:Contractor, ,at the sole option of tt,e Engineer, may be con~idered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRJ,\CTOR if the changes of the comments are not sub- mitted as r~uired hereinbefore and marked "Accepted" by the EnginErer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engi- neer during the last week of each month to agree upon each activity's schedule statJs and shall submit monthly updates of the1Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements \ of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 · through 6-1.3. 7. · ., 6-1-.~.1 Actual Activity Dates. The, actual dates each activity was started and/or completed during the month .. After first r~porting an actual date, the Contractor-shall not change that actual date in later updates without s~fic notification to the Engin~r with the update. -..,~ 6-1.3.2 Activity Percent Complete. -For ea¢!, activity underway ~t'the end of the month, the Con- tractor shall report the percentage determined by the ~ngineer as complete for the activity. · '- 6-1.3.3 Electronic Media. The schedule data disk shall .be submitted on a thumb-drive, lab_eled with th.e project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable qy the software specified in Section 6-1.2.4 "Schedule SoftwareD and shall be free of file locking, encryption or any other protocol that would impede full a~s of all data ~tored on it. 0 Revised 6/12/18 Page 79 of99 Contract No.~ i 6-1.3.4 List of-Changes. A list of all changes made to the activities or,to the interconnecting logic, with an explanation for each change. . '-- 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions re- flecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Not used. 6-1.4 Engineer's Review.of Updated Construction Schedule.' The Engineer will review and return , the Updated Construction Schedule 'to the Contractor, with any comments; within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Ac- cepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engi- neer will review and return the resubmitt~d Updated Constructior;i Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construc- tion schedule marked "Not Accepted". - ' . ) 6-1.4.1 "Accepted." The, Contract9r may proceed with the proj~ct work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Con- tractor must resubmit the Updated Construction Schedule to the· Engineer incorporating the correc- tions and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. ~-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the correctipns and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisio11s of Section-6-4 DEFAULT BY.CONTRACTOR if , the chan·ges of the comments are n_ot submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule i~ due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project ·at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's re-sponsibility. · 6-1.5 Late· Completion or Milestone Dates. Should-the Schedule Update indicate-a completion-or --- . contractua·lly required milestone date later than the ·prc>pe·r1y" adjusted co·ntraci or ni]estone duraticin:, . - the Agency may ,withhold Liquidated Damages for the 11umber of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the . previously held Liquidated Damages shall be released in-the monthly payment to the Contractor im- mediately following the "Accepted" schedule. rs. 6-1.6. Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explana- tion of each change made to the schediJle. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and perthe sch,equle review and acceptance requirements_ of Section 6-1, including but not limited to the acceptanbe and payment provisions.--As ·used in this section "substantially different' means a time variance greater than 5 percent of the number of days of duration for the project. -~ r--. , 0 Revised 6/12/18 Page 80 of99 Contract No. 41.15 \, 6-1. 7 Final Schedule Update. The Contraqtor shall prepare and submit a final schedule update when one ·hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be pre- pared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Re.visions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the 'final schedule update is required for completion of the project and relea'se of any and all funds retained per Section 9-3.2. ) 6-1.8 Measurement a~d Payment of Construction Schedule'. The Contractor's preparation, revi- ' sion and maintenance of the Construction Schedule are incidental to the work and no separate pay- , ment will be made therefore. 1 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to .restore sfreet and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer detennines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor ~hall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Biq. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part,. until the Contractor takes said steps. As soon as possible unde~ the provisions of the Specifications, the Contractor shall restore to useful- ness all improvements existing prior to the start of the Work. I ' ' If Work is $Uspended through no fault of the Agency, all expenses and losses incurred by the Con- tractor during such suspensions shall be borne by the Contractor. If th~. Con1tractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. Not used. 6-2.3 Project Meetings. The Engineerwill establish the time and location of Project Meetings., The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual detennined under $action 7-6, "The Contractor's Representative". No separate payment · for attendance of the Contractor, the Contractor's Representative or any other employee or subcon- tractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work,'may be suspended in whole or in part when detennined by the Engineer that the suspensio~ is necessary in the interest of the Agency. The Contractor shall comply immedi- ately with any written order of the Engineer. Such suspension shall be without liability,to the Contractor \ on the part of the Agency except as otherwise specified in Se~gion 6-6.3. 6-3.2 Archaeological and 'Paleontological Discoveries. Not used. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of m·aterial and equip- ment, to commence the Work within the time specified, to maintain the rate of delivery of.material, to -execute the Work in the manner and. at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of \.._j the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful P~rfonnance Bond demanding satisfactory compliance with the Contract. 0 Revised 6/12/18. , Page 81 of 99 Contract No. ~ ' The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not c6mplying in good faith, has become ins(?lvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid arid the quantity of the Work completed 'at the time of cancellation, less damages caused to the Agency by acts of the Con- tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reasqri. If the Agem;;y decl~res the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety sh~II, within five (5) days, assume control and perform the Work as successor to the Contractor.· · If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects 'for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the 1entire Contract, all money -due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the.Contract. If the SureJy does not assume control and perform the Work within _5 days after receiving notice of cancellation; or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency, forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Cont.ractor and its Surety and may be deducted from any money due or becoming due from the Agency. lfthe sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay,to the Agency within 5 days after the compl~tion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at it~ own discretion or when conditions encountered during the Work make it impossible or)impracticable to proceed, or when the Agency is p~vented from proceeding with the Contract by act of God, by law, or by official action of a public authority. ' 6-6 DELAYS AND EXTENSIONS OF TIME. . ~ ---6-6.1 General. _If delays are caus~ by unforeseen events beyond the control of the_ Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen ~vents may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifica- tions. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the £ngineer documentary proof. the proof must be provided in a timely manner in accordance with the sequen~ of the Contractor's operations and the approved con- struction schedule. · If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Co!)tractor will 0 Revised 6/12/18 Page 82 of99 Contract No . .41.15 I - ( not be entitled to damages or additional payment due to such delays, except as provided in Section ~.3. \ . . I If delays beyond the Contractor's control are caused solely-by adion o( inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect>of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless 'it can be shown th~t such 'delays did or will delay the progress of the Work. ,6-6.3 Payment for (?elays to Contractor. The Contractor will be compensated for damages in- curred due to delays for which the Agen'cy is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liabl~ for damages whic;h the'Contractor couldhave avoided by any ' reasonable means, such as judicious handling of forces, equ,ipment, or plant The determiriation of what damages the Contractor could have avoided will be made, by the Engineer. 6-6.4 Written Notice· and Report The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment qn standby for ~ny reason that the' Contractor has determined to be caused by the Agency or by any organization that ,he Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and super- visor and the make and model of each piece of equipment placed on standby~ the cumulative duration . of the standby, the Contractor's opinion of the· cause of the delay and a cogent explanation of why the Contractor could riot avoid the delay by reasonable means. Should the Contractor fail to provide the ) notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. I 6-7 ' TIME OF COMPLETION. ) 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time· of completion of the Contract shall be expressed' in working days. The Con- tractor shall diligently prosecute the work to completion within 21 month~ (440 working days) after the starting date specified in the Notice to Proceed. The sequence of work anticipated is: a) Notice to Proceed to building permits for occupancy - 3 months. b) Staff and material relocations (by others) - 1 month. c) Construction Phase 1 9uration -approximately 8 months. Wrthin 5 working days of city notice, contractor niust return to the site for the removal of certain trailers, to stop the leases for those trailers, and to supply new trailer as indicated. timing to be coordinated with city. 1 d) Construction of Phase 2 duration -approximately 8 months. Within 5 working days of city notice, contractor must return to the site for the removal of certain trailers and to stop the leases for those trailers. Timing to be coordinated with city. · _ ... 1 ' e) Allowance for trailer removal and site restoration - 1 month. > · Total contract duration -21 months (440 working days) 6-7.2 Working Day.'A working day is any day within the period between the start of the Contract time as.defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: - -0 Revised 6112/1)8 " Page 83 of99 -\ Contract No. ~ 1. Saturday, 2. ~unday, 3. any day designated as a holiday by the Agency, , 4. -any other day designated as a holiday in a \Master Labor Agreement entered into by the Con- tractor or on behalf of the Contractor as an eligible member of a contractor association, / 5. any day the Contractor is prevented from wprking at the beginning of the workday for cause as defined in Section 6-6.1 ', I 6. any day the Contractor is prevented from working during the first 5 hours with_ at least 60 per- cent of the normal work force for cause as defined in Section 6-6.1. ' \ Unless otherwise approyed in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. Tl;le Contractor shall obtain the written approval of the Engineer·if the Contractor desires to work outside said hours or at any_ time during weekends and/6r holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall inco_rporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this seq:tion. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination qf each working day to be charged against the Contract time. These determinations will be discussed and the Con- tra,ctor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after-receipt, setting forth the facts of the protest. otherwise, the statement will be deemed to ~ave been accepted. ( 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engi- neer for acceptance upon receipt of the Contractor's written assertion that the Work has been com- pleted. r "fl1e Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is · satisfied that all the materials and workmanship, and all other features of the Work, meet the require- ments of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Worl<'does not constitute acceptance of the Work. If, in the Engineer's judgment, -the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Up9[1 the Board's acceptance 'of the Work the Engineer will. qause a "Notice of ,Completion" fo be filed in the office of the San Diego County Recorder. The date of recordation-shall be the date of completion of the Work. All work shall be warranted for one~(1) year after rec6rdation of. the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by _the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Gontractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the rn;>tice. If the Contractor fails to make such replacement or repairs within 0 Revised ~12/f8 ·, Page 84 of99 Contract No. 4715 the time.specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 · LIQUIDATED DAMAGES. Failure of the 6ontractor to complete the Work within the time al- lowed will result ir;i damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld m<;>nies due it, the sum of one thousand dollars ($1,000.00) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of costs and actual damages caused by the/ Contractor to complete the Work within the allotted time. Any prog~ p~yments made after the specified completion qate shall not constitute a waiver of this paragraph or of any damages. · 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance .. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of respo'hsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or frorp the action of the elements or from any other cause, except Contractor operations or negli- gence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cle,anup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from ·full responsibility for correcting defective work or materials. J ' In the event the Agency· exercises its right to place into service and utilize ai'I or part of any completed facility or appurtenance, the Agency will assume the responsibilify and liability for injury to persons or / property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Con- tractor, Subcontractor, their officers, employees, or agents. ft r Q Revised 6/12/18 Page 85 of99 Contract No. W I \ SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable orc_jinances and laws. 7-2 LABOR. 7-2.1 General. Only competent wqrkers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform wqrk properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applica- ble provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. 1The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. · Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of Caiifomia Department of Industrial' Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Con- tractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. .~ 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public · Works Contract. T,he cost of this insurance shall be included in the Contractor's Bid. ' 74 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following sig!Jed certification: "I am aware of th~ provisions of Section 3700 of the Labor Code which re- quire every emp!oyer to be insured against liability for workers' compensa- tion or to undertake self-insurance in accordance with the proyisions of that code, and I will comply with s·uch provisions before commencing the perfor- mance of the work of this contract: The. Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract,-complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. ft; ~ Revised 6/12/18 Page-86 of 99 Contract No. 41.1.§ \ . .______.../ '· r The Agency, its officers, or employees, will not be responsi~le for any c1Jims in law or equity oc~- sioned by failure ·of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsenient or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancell~tion of such policies for any reason whatsoever; the Agency shall be notified by registered mail not less tha,n 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business iri the state of California and are listed in the official publication of the Department of Insurance of the state of California. Policies issued by the state Compensation Fund meet the requirement for workers' com- pensation insurance. . . . 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way 1and b1uilding permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. · Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate b'id item and no additional compensation will be allowed therefore.' The Contractor shall obtain and pay for ·all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. ' ( The Contractor shall pay all pusiness tax~s or license fees that ·are required for the work. 7-5.1 Resource Agency Pennlts. Not used. · 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work,. the Contractor shall desi·g- nate in writing a representative who shall have complete authority· to act for it.. An alternative repre- . sentative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, pe~ons, or property. Any order or communication g~ven to thi~ _repr~entative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the ·absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work_to which the order.applies. Such order shall be complied with promptly and referred to the Con- tractor or its representative. In .order to communicate with the Agency, the Contractor's representative, superintendent, or person ·in charge of specific work shall be able to speak, read, and write the English language. · 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for-ascer- taining the n!:!ture and extent of any· simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have tne right to operate .within or adjacent to the Work site during .the performance of such work. ' ' I The Agency, 'the Contractor, and each of such workers, contractors and others, shall coordinate their qperations and·cooperate to minimi~e interference. · . . The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. t~e Contractorwill not be entitled to additional compensation from the Agency for damages resulting 0 Revised 6/12/18 Page 87 of99 Contract No. ~ from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any\extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies dur- ing the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. · 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets wili' not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall fumi'sh and operate a self-loading motor sweeper with spray nozzl~ 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 ~he site as soon as they ·.are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. , Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to sus- pend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increa"sed levels of cleanup and dust control that, in his/her sole discretion, are necessary to pres_erve the health,·-safety and welfare of the public. Cleanup arid dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con- taminants into the atmosphere in such quantity as will violate the regulations of ;my legally constituted ' ) , ! authority. · 0 Revised 6/12/18 Page 88 of99 Contract No. 4715 \. ) 7-8.3 Vennln Control. At the time of acceptance, structures entfrely constructed under the Contract shall-be free of rodents, insects, vdrmin, and pests~ Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by- a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall . be liable for injury to persons\ or property and responsible for the eliminatfon of offensive odors result- , ing from exte~mination operations. , ' ' 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ- ees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condi- tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public · health and sanitation of dwellings and camps. -Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be· conveyed in closed conduits and disposed of in a sanitary sewer system.· Sewage shall not be permitted'to flow in trenches or be· covered by backfill. ' r 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and re- move all temporary light, power, and water at its own expen·se. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hyd~nt (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Con- tractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service; nieterrand any, and all, other charges, I deposits and/or fees therefore. Said costs shall be considered incidental .to the items of work that they are associated with and no additional paym~nt will be made therefore. ' ' 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to' pro- tect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule opera- tions 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 0f water pollution. . ( The Contractor shall comply with the qalifornia Stc(lte Water Resources Control Board (SWRCB) Or- der Number 99-08-DWQ, 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 ac- cordance with trese regulations. The Notice of Intent (NOi) shall not~ filed for the pr~ject. The NOi shall be filed by City of Carlsbad I per requirements of the lat~st NPDES Construction Permit befor~ a Notice to Proceed is issued. 7-8.7 Drainage Control. The Contractor shall maintain.,drainage within and through the work ar:eas. Earth dams will not be p~rmitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable mate.rial will. be permitted when necessary. Such dams shall be removed from the site as soon as tt,eir use is no longer necessary. 7-8.8 'Noise Control. All internal combustion engines used in the construction shall be equippeid with mufflers in good repair. when in use on the project with special attention to the City Noise Control . Ordinance, Carlsbad Municipal Code Chapter 8.48. ' 1 0 Revi~ 6/12/,18 ( Page 89 of99 Contract No.~ -, 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise ✓• due caution to avoid damage to such property. The Contractor shall repair or replace all existiog improvements within the right-of-way which are not designated for removal (e.g.,· curbs, sidewalks, driveways, fences, walls, signs, utility installations, , pavement, structures, etc.) which are damaged or removed as a result of its operations. When a_por-· tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing imp'rovements and shall nptch them in finish and dimension. · Maintenance of street and traffic,signal systems that are damaged; temporarily removed or relocated shall be done in-conformance with 307-1.5. · Trees, lawn_s, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the originai condition and location as is reasonably possible. Lawns shall be reseeded 1 and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right- of-way which are designated for removal and would ~ destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be in- cluded in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. J 7-10.1 Traffic and Access. The Contractor's operations shall cause' no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise.authorized, traffic shall be permitted to pass through the Work, or an approved.detour shall be provided. - Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations· and motels; hospitals; police and fire stations; and establishments of similar l')ature. Access to these facil- ities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and, adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer .. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collec- tion and remova! of trash and garbage to maintain existing sched\uIe·s for these services. ' ~ Unless otherwise,,authorized, work shall be performed in qnly. one-half the roa~ay at one ti_me. One .. half shall be kept open and unobstructed until the opposite side is ready.for use. If one-half a street only is being improved, the other half shall be conditioned and m~intained as a detour. ,, I The Contractor sh,all schedule the work so as to prevent damage_ by all traffic, incluqing but not limited to mail delivery. ; The_ Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained· by calling the City's contracted waste dil:ippsal company, Coast Waste Management at 929-9417. ft: Q Revised 6/12/18 Page 90 of99 Contract No. 4715 The contractor shall replace all street markings and striping damaged by construction activities. -, The Contract.or shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials In Public Streets. Construction materials shall not be stored in streets, roads, or ~ighways for more tha.n 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days c1fter it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated mate~al, except that which is to .be used as backfill in the adjacent trench, sh'all not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be remo"'.ed immediately from the site. 7.;.10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag-persons, and watchpersons. The C_ontractor shall be responsible for compliance with additional RUblic safety requirements which may arise. The Contractor shall furnish and install signs 'and warning devices and promptly remove them upon completion of the Work. The Contractor shall secure approval, in advance, from authorities cohcerned for the use of, any bridges.proposed by·it for public use. Temporary bridges shall be clearly post~d as·to load limit, with signs and posting conforming to current requirements cpvering "signs" as set forth in the Traffic Manual published 'by the California Department of Transportation. This manual shall also apply to the street C 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 Ur;tiform 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 Contractor 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 Contractor fails to install and/or maintain barricades or 1 such other traffic signs, markings, delineation or devices as may be required herein, the'Engineer may, at his/her sole option, install the traffic signs, markings, delineation ·or devices and charge the Con- tractor twenty dollars ($25.00)'lper day per traffic sign or device, or the actual cost of .providing such ' > traffic control facility, whichever is the greater. · 7-10.3.1 Construction Area Signs and Control Devices. All dmstruction traffic signs and control · devices shall be mai!ll~ned throughout the duration of work in good order and according to the ap- , proved traffic control 'plan. All construction area signs shall conform td the provisions of Section 206- 7 .2 et seq. All temporary reflective pav!3ment markers shall conform to the provisions of Section 214- 5.1.et seq. All temporary reflective channelizers shall conform to the provisions of, Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shal.I conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning' and advisory signs, ligl:tts and devices inst~lled or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. warning and advisory signs, lights and devices shall be promptly removed by the Contra'ctor when no longer required. warning and 0 Revised 6/12/18 , ( Page 91 of 99 · Contract No . .41.15 ,\ advisory signs that remain in place _overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the .view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs1 shall be perfqrmed by hand me_thods without the use of power equipment. Warning and a~visory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non:-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, ( portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as - specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal ve- hicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than .25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nin:e (9) cones or portable delineators shall be used for the taper. A \/1/20- 1 (Road Work:Ahead) 'Or C24 (Sho'ulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10,3.2 Maintaining Traffic. Not used. - 7-10.3.3 Traffic Co~trol System for Lane Closure; Not used. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. Not used. -) 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, 1rafflc Control Plan Sheets. Not used. 7-10.3. 7 Payment Th~ Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable_ extracts of: , Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State .Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, 'and regulations. Before excavating any trench 5 feet or more in depth, -the Contractor s'i?all submit a detailed plan to the _Agency showing the design .of shdfing, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caying ground cfuring the excavatioq1of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a· registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a " permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the En- gineer. , · 0 Revis~d 6/12/18 P~ge 92 of99 Contract No . .421§ Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety i:)re provided, or - required by law. 7-10.4.2 Use of Explosives. Not used. 7-10.4.3 Special Hazardous Substances and Processes. Not used. 7-10.4.4 Confined Spaces. Not used. \ I 7-10.4.5 Safety and Protection of Workers and Publlc. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises whe1"9 the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all neces- , sary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction 'as protruding 1nails, hoists, well holes, and falling materials. · ' . 1-11 PATENT FEJ:S OR ROYALTIES. The Contractor shall absorb in its Bid the pat~nt fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall in- demnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. , ' 7-12 A[)VERTISING. The names, addresses and specialties .of Contractors, Subcontractors, ar- chitects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approv.al. Commercial advertising matter shall not-be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. · 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those em- ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contrpctor shall at all times observe and comply with such laws, ordinances, and regulations . . Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. · If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game pode, the conditions established pursuant_to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. · ,,• 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Codelprovides: "In entering into a public· works contract or a subcontract to supply g~ods, services, or materials p_ur- suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it' may' have under Section 4 I, of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser- vices, or materials pursuant to the public works contract or subeontract. The assignment shall be made and become effective at tlJe time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.· 0 Revised 6/12/18 Page 93 of99 Contract No.~ \\ \ ) r . SECTION 8-FACILITIES FOR-AGENCY PERSONNEL v 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. , All facilities shall confonnto the applicabJe codes, ordinances, and regulations of the local jurisdiction and of the State of California and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all 'types of facilities provided. Such services shall include the supply of the appropriate paper products and dispense~. Trash re- ceptacles shall be provided and emptied by-the Contractor at weeklyJnteivals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be_ included in other items for which bic1s are entered. ~ The first progress payment Will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. Contractor shall furnish field offices in "Class A" condition and shall maintair::, the field offices throughout the entire duration of the contract unless the Engineer ·shall otherwise direct. The offices shall have a 1 minimum floor space of 600 ft2. All doors and windows shall be provided with screens. Furniture and furnishings shall be provided to create standard offices following their relocation from office building and re-assembly in place. ' Electric power shall be provided to include a minimum of four duplex convenience o'utlets. The office shall be illuminated at the tables and desk. An outdqor lighting fixture with a 300-watt buJb shall be installed. . Heating and air conditioning of sufficient capacity shall be provided at no additional expense to the city. The Contractor shall provide drinking water within the temporary office and integral sanitary facil- ities. Sanitary facilities shall·include a toilet and wash basin with hot and cold running water. 8-3 FIELD LABORATORIES. Not Used. 8-4 BATHHOUSE FACILITIES. No free-standing sanitary facilities are included in this project as each field office shall be equipped with sanitary facilities. Additionally, a shower/changing room field office shall be provided. as part of this scppe of work as detailed Attachment A -General Scope of Work. 8-5 · REMOVAL OF FACILITIES. Field offices at the project site shall be removed upon completion of the Work. 8-6. BASIS OF PAYMENT. All costs incurred in furnishing; maintaining, servic[ng, and removing field offices shall be included in the bid item for furnishing such facilities. Payment for field office will be made at the monthly Rrice bid and will include full compensation for installing and removing the field office, 0 Revised 6/1~18 Page 94 of99 Contract No . .411.5 j r ' obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, com-. , I plate with all facilities and utilities, is available to the city. and on the project site excepting when the Engineer has ordered that the field. office be removed from the project. · ' '' J ·-\ • r,, ~ ~, Revised 6/12/18 Page 95 of99 Contract No. ~ SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QU~NTITIES FOR UNIT PRICE WORK. Not used. \.., 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S:, or• Jobm, shall be paid for at the price indicated in the Bid. Such paym,l?nt shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engi,neer, the Contractor shall submit to the Engineer witnin 15 days after award of Contract, a detailed schedule, to be used. only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This sched- ule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonat?le apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, al"ld incidentals. Payment will not be made for materials wasted or disposed of in a manner not ~lled for under the Contract. This includes rejected material not unloaded from vehicles, materi~I rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis- posing of rejected or excess material. I Payment for work performed or materials· furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be 6barged against the Contractor, and may be deducted from any amount due or be- coming due from the Agency. Whenever immediate actign is required to prevent injury, death, or property damage, and preca~ions which are the Contractor's responsibility have not bee~ taken and are not reasonably expected fo be · taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency."Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. R_ayment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay- , ' rrient be construed to be acceptance of any of the Work. Payment shall not be construed as-the trans- fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated-to store any fully or partially completed work or structure for which payment has been m~de; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected . by any payment but shall commence on the date of ·re- cordation of the "Notice of Completion." ~ -~ Revised 6/12/18 Page 96 of99 Contract No . .4Z1§ If, within the time fixed by law, a ·properly executed notice to stop payment is filed with the Agency, due to the Contractor's·failure to pay for-labor or materials used in the Work, all money due for such labor or materials'will be withheld from payment to the Contractor in accordance with ~pplicable laws. · ' At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted trorn the final estimate and retained by the Agency will ·be paid to the Contractor except such amounts as are required by·law to be withl;leld by prfperly executed and filed notices to stop payment, or as may be authorized by the Contract to be furtHer retained. I 9-3.2 Partial and Final Payment The Engineer will,· after award of ContrJ:ict, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is com- patible with the Agency's payment procedure. · Each month, the Engineer will niake an approximate measurement of the work perfonned to the clo- sure date· as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments 9hall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro- gress pay estimate and submit it to the Contractor for the Contractor;'s-infonnation. Should the Con- tractor assert that additional payment is due, the Contractor shall within ten (10) days of'.receipt of the progress estimate, submit a supplemental payment request to the 'Engineer with adequate justification supporting the amount of supplemental payment r_equest. Upon receipt of the supplemental payment request,· the Engineer shall, as soon as practicabl~ after receipt; detennine whether the supplemental '\ payment request is a proper payment request. If the Engineer detennines that the su·pplemental pay- '\ j '-_.,. ment request is not proper, then the reqµest shall be retl!Jmed to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc- ument setting forth in writing the reasons why the supplemental payment request was not proper. In confonnance with Public Contract Code Section 20104.5b, the City shal! make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from , ,the Contractor. If payment of the undisputed supplemental payment request is not made within1thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Gontractor equivalent to the legal rate s~t forth in· subdivi9ion (a) of Section 685.010 of the Code of Civil Procedure. (. From each progress estimate, 10 percent will be. deducted and retained by the Agency, and the re- mainder less the amount of all previous paym'ents will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the ,deduction to be made from remaining pro-' gress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. ) No progress payment made to the Contractor or its sureties will constitute a waiver· of the liquidated 1 damages under 6-9. . ., , . As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute , securities for ~ny monies w~hheld by the Agency to ensure perfonnance under the Contract. ' ) After final ins·pection, the Engin.eer will make a Fina.I Payment Estimate and process a corresponding ·payment. This estimate will be in writing and shall be for the total amount owed th~ Contractor as , .. " detennined by the Engin~r and shall be itemized by the contract bid item and change~order item with quantities and payment amounts and shall 'show allrdeduction~ made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress pay- ments shall be subject to correction in the,Final Payment Estimate. ~ Q Revised 6/12/1.8 Page 97 of99 Contract No. 411.5 /' The Contract~r shall haye 30 cal~ndar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or, payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within tt,e time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the En- gineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as s~cified inr Section 3-5, Disputed Work. -The written statement filed l:5y the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engin!;:ler will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as niay be required by the Engineer to determine the facif? or contentions involved in its claims. Failure to submit such information and details will be sufficient qause for denying payment for the disputed items. I 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statelT!ent · , required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt. of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted nd later than. 30 days,after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, hor will any cl~im be allowed for which written notice or prote'st is required under any provision of this contract in~ludirig Sections 3-4 Changed Conditions, 3-5 ,pisputed Work, 6-6.3 ' Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract lime Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amou'1t of said claims. The Enginee·r will consider and determine the Contractor's claims and it will be the· responsibility of the Contractor to furnish within a reasonable time such further infor- mation and details as may be required by the Engineer to determine the facts or contentions invqlved in its claims. Failure to submit such information and details will be sufficient cause for denying the clalms. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer; The Contractor shall proceed with informal dispute resolution under Sec-. tion 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 DeHvered Materials. When provided for in the Specifications, ~nd subject to the limitation and conditions therein, the cost of materials and equ_ipment delivered but not incorporated into the Work ,i. wjll be includijd in the progress estimate. ., , ,, 9-3.4 Mobilization. When a bid item is included in the Propo_sal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction oper- ations and not 'directly attributable tp any specific bid item· will be included in the progress estimate. 'Mien no such bid item is provided,· payment for such costs will be considered to be inclu.ded in the other items of work. / ' ./ 9-3.4.1 Mobilization and Preparatory Work. The cdntract. lumP;-sum price paid for mobilizatio; and ,, ft! ' ~ Revised 6/12/18 Page 98 of99 Contract No . .411.5 (, preparatory work shall not exceed twenty thousa~d dollars ($20,000.00) and includes full compensa- tion for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and inci- dentals, and for doing all the work involved in mobilization and preparatory work and operations, in- cluding, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental ,to preparing to conduct wor:1< on and off the project site and other offsite facilities necessa_ry for work on the project; for all other fa.ciliti~, sureties, work and operations which must be performed or costs incurred prior: to beginning work on various contract items op 9r off the/ project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for ') Mobilization and Preparatory Work. . Progress pay~ents for_Mobilization and Preparatory Work will be made as follows: For ~he first' progress paymept (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatorr Work will be allowed. For the second progress payment, an ·additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be al- lowed therefore. · ' 9-4 BID ITEMS. Payment for each Bid, Item shall be made. at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in! the Contract Oocuments, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegeta- tion in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems; and vegetation at his expense. ,,,,-\ , ( - "'-_j ,,. J , 0 R~vlsed 6/12/18 Page 99 of99 Contract No. il15 )