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HomeMy WebLinkAboutCalifornia Sealant Solutions Inc; 2014-07-17; PWS14-39FACCITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATION FOR Safety Center Exterior Weatherproofing CONTRACT NO. 47041 BID NO. PWS14-39FAC if K V Revised 1/30/13 Contract No. 47041 Page 1 of 100 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 1 /30/13 Contract No. 47041 Page 2 of 100 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1 -2 Definitions 39 1- 3 Abbreviations 43 1 -4 Units of Measure 46 1 -5 Symbols 47 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts 48 2-4 Contract Bonds 49 2-5 Plans and Specifications 50 2-6 Work to be Done 53 2-7 Subsurface Data 53 2-8 Right-of-Way 54 2-9 Surveying 54 2-10 Authority of Board and Engineer 58 2- 11 Inspection 59 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 59 3-2 Changes Initiated by the Agency 59 3-3 Extra Work 60 3-4 Changed Conditions 63 3- 5 Disputed Work 64 Section 4 Control of Materials 4- 1 Materials and Workmanship 67 4- 2 Materials Transportation, Handling and Storage 71 Section 5 Utilities 5- 1 Location 71 5-2 Protection 72 5-3 Removal 72 5-4 Relocation 72 5-5 Delays 73 5- 6 Cooperation 74 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 74 6-2 Prosecution of Work 78 6-3 Suspension of Work 79 6-4 Default by Contractor 79 6-5 Termination of Contract 80 6-6 Delays and Extensions of Time 80 6-7 Time of Completion 81 6-8 Completion, Acceptance, and Warranty 82 6-9 Liquidated Damages 82 6-10 Use of Improvement During Construction 82 Revised 1/30/13 Contract No. 47041 Page 3 of 100 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 83 7-2 Labor 83 7-3 Liability Insurance 83 7-4 Workers' Compensation Insurance 83 7-5 Permits 84 7-6 The Contractor's Representative 84 7-7 Cooperation and Collateral Work 84 7-8 Project Site Maintenance 85 7-9 Protection and Restoration of Existing Improvements 86 7-10 Public Convenience and Safety 87 7-11 Patent Fees or Royalties 93 7-12 Advertising 93 7-13 Laws to be Observed 93 7- 14 Antitrust Claims 94 Section 8 Facilities for Agency Personnel 8- 1 General 94 8-2 Field Office Facilities 95 8-3 Field Laboratories 96 8-4 Bathhouse Facilities 96 8-5 Removal of Facilities 96 8- 6 Basis of Payment 97 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 97 9-2 Lump Sum Work 97 9-3 Payment 97 9-4 Bid Items 100 TECHNICAL SPECIFICATION WINDOW AND WALL WATERPROOFING AND WEATHER SEALING SPECIFICATION Revised 1/30/13 Contract No. 47041 Page 4 of 100 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON MAY 20, 2014, the City shall accept sealed bids, clearty marked as such, at the Faraday Center, 1635 Faraday Avenue, Carisbad, CA 92008-7314, Attn: Purchasing Officer, by mall, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove and replace the calking of the exterior panel joints, and seal the exterior wall panels using a clear sealer. SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 BID NO. PWS14-39AC INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a fonn and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been deban^ed by the City of Carisbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carisbad on file with the Engineering Department. The specifications for the work include City of Carisbad Technical Specifications and the Standard Specifications for Public Worics Construction. Parts 2 & 3. all hereinafter designated "SSPWC, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carisbad encourages the participation of minority and women-owned businesses. The City of Carisbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. 1 Revised 1 /30/13 Contract No. 47041 Page 5 of 100 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and property executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum (a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $145.000.00 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with Califomia law. Where federal funds are involved the contractor shall be properiy licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: B, D65, and C39 ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carisbad, California 92008-7314, for a non-refundable fee of $ 20.00 per set. If plans and specifications are to be mailed the cost for postage should be added. V Revised 1/30/13 Contract No. 47041 Page 6 of 100 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor in-egularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site May 5, 2014 at 10:00AM, City of Carisbad Safety Center Orion Way UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of woric, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an enror in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attomey, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer Issued by the insurance commissioner. Revised 1/30/13 Contract No. 47041 Page7of 100 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the perfomiance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Woricers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for woricers' compensation insurance. The Contractor shall be required to maintain Insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carisbad Business License for the duration of the contract. March 25, 2014 Date Deputy City Revised 1 /30/13 Contract No. 47041 Page 8 of 100 Pages of Carlsbad Public Works - Contract Administration May 13, 2014 ADDENDUiM NO. 1 RE: SAFETY CENTER EXTERIOR WEATHERPROOFING Please include this addendum in the Notice to Bidders/Request for Bids you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. Sr. Contract Administrator IAGKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (760) 602-4677 - FAX (760) 602-8562 ^ CITY OF CARLSBAD Safety Center Exterior Weatherproofing Request for Proposals Project No. 47041 Addendum No. 1 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 EmaiL Jesse.zunke(^carlsbadca.gov Date: May 8, 2014 Joint Sealant Material: Please refer to Technical Specification Sections 3.3 and 3.4 (A, B, and C) for Material Call Outs Site Access for Measuring, and Bid Planning will be on the following date: Thursday May 15,2014 from 1:00PM-4:00FM Additional Accepted License Classiflcations: C-33, C-39, C-61, D6, D12 Approved Equal: The following products from Sika have been approved as an approved alternate: Sika WS-290 Ultra low Modulus, neutral cure silicone sealant Sikaflex-2c NS EZ Mix Sikagard 705L Attachment: Schedule 'A' for Bid Pricing Laydown Area Job Walk Sign-In Sheet Front Area Defined Additional Scope: Alternate Bid Item #1: Horizontal Joints: (Sidewalk Joints with sealant in place) -Clean area with high pressure water, or mechanical means to remove embedded materials from joints in walkway. -Allow to dry and carefully prime Interior joint surfaces with VOC compliant urethane primer. -Install closed cell or reticulated polyethylene backer rod. Backer rod must be properly friction fitted for use with self-leveling sealants to prevent leak out of sealant during cure. -Install One-part moisture-curing, low-modulus polyurethane sealant per manufacturer warranty detail requirements. Sealant shall meet or exceed the requirements ofthe following specifications: ASTM C920, Type S, Grade P, Class 35, Use T, M,A,0, and I (class 2) Addendum No 1. - Project 47041 Sealant shall be traffic rated and acceptable for use on pedestrian sidewalk joints with slopes up to 6%. For reference purposes Vulkem 45SSL by Tremco or approved equal. -Mask sides of joint prior to filling, fill joint completely from backer rod up, and allow the sealant to self-level to a smooth, even finish. The minimum width and depth shall be 1/4" x 1/4", the depth ofthe sealant may be equal to the width of joints that are less than 1/2" wide. For joints ranging from 1/2" to 1" wide, the sealant depth shall be approximately one-half of the joint width. The maximum depth of any sealant application shall be 1/2". -Excess sealant adjacent to the joint interface can be carefully removed with approved solvent before the sealant cures. Alternate Bid item #2: Alternative Product for Building Masonry to Masonry Joints Use High Performance silicone sealant in lieu of multi-component Polyurethane sealant in compliance with project specification requirement, and per manufacturer installation requirements. Sealant shall meet the requirements of U.S. Federal Specifications for silicone building sealants. Class A one-component building sealant. ASTM C 920-95, Type S, Grade NS Class 25, Use NT, M, G, A, and O. U.S. Federal Specification TT-S-00001543A (COM-NBS) Class A, TT-S-00230C (COM_NBS) Class A, Class II For reference purposes Tremseal S by Tremco or approved equal Addendum No L - Project 47041 SCHEDULE "A" Safety Center Weatherproofing A-1 A-2 Description Mobiiization (Price in Words) Demoiition (Price in Words) A-3 Joint Sealants (Unit Price in Words) A-4 Protective Coating (Price in Words) A-5 Equipment (Scaffold, Lifts) Approximate Quantity And Unit Not to Exceed $ $15,000 LS LS LS LS Unit Price (Figures) Total Amount (Figures) (Price in Words) A-6 Bid Altemate #1 Horizontal Joints: Sidewalk Joints with sealant in place LS (Price in Words) A-7 Bid Altemate #2 Alternative Product for Building Masonry to Masonry Joints LS (Price in Words) Addendum No 1. - Project 47041 Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A" and "B" unless bids for Schedule "B" are rejected, in which case the basis of award will be Schedule "A" only. 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 proposal. Addendum No 1. - Project 47041 Citv of Carlsbad Public Works - Contract Administration May 13,2014 ADDENDUM NO. 2 RE: SAFETY CENTER EXTERIOR WEATHERPROOFING Please include this addendum in the Notice to Bidders/Request for Bids you have for the above project. IMPORTANT: NOTICE OF DUE DATE CHANGE The new bid due and opening date will be TUESDAY. JUNE 3. 2014. The time remains at 2:00 PM. Other information is attached. This page—receipt acknowledged—must be included in your bid when your bid is submitted. (EWLDAWS Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 - FAX (760) 602-8562 ^ CITY OF CARLSBAD Safety Center Exterior Weatherproofing Request for Proposals Project No. 47041 Addendum No. 2 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zuiike(^carlsbadca.gov Date: May 19,2014 ***The DUE DATE POR PROPOSALS HAS BEEN CHANGED*** Please submit proposals by: ***TUESDAY, JUNE 3,2014 @ 2:00PM*** The requested time to have access to the site has been rescheduled to: May 27,2014 from 1:00 PM - 4:00PM Attachment: Job Walk Sign-In Sheet CITY OF CARLSBAD SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 47041 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" Safety Center Weatherproofing Description A-1 Mobilization (Price in Words) A-2 Demolition Approximate Quantity And Unit (Price in Words) A-3 Joint Sealants (Price in Words) \¥ Revised 1/30/13 Contract No. 47041 Page 9 of 100 Pages Hundred and Three Dollars (Price in Words) SCHEDULE ''A'' Safety Center Weatherproofing Approximate Quantity Unit Price Total Amount Description And Unit (Figures) (Figures) A-1 Mobilization Not to Exceed $ 7,882.00 $ 7,882.00 Seven Thousand Eight Hundred $15,000 and Eighty Two Dollars (Price in Words) A-2 Demolition LS $ 33,568.00 $ 33,568.00 Thirty Three Thousand Five Hundred and Sixty Eight Dollars (Price in Words) A-3 Joint Sealants LS $ 29,396.00 $29,396.00 Twenty Nine Thousand Three Hundred and Ninety Six Dollars (Unit Price in Words) A-4 Protective Coating LS $25,430.00 $25,430.00 Twenty Five Thousand Four Hundred and Thirty Dollars (Price in Words) A-5 Equipment (Scaffold, Lifts) LS $ 9,109.00 $9,109.00 Nine Thousand One Hundred and Nine Dollars (Price in Words) A-6 Bid Altemate #1 Horizontal Joints: LS $ 5,489.00 $ 5,489.00 Sidewalk Joints with sealant in place Five Thousand Four Hundred and Eighty Nine Dollars (Price in Words) A-7 Bid Altemate #2 Altemative Product LS $ 12.103.00 $12,103.00 for Building Masonry to Masonry Joints Twelve Thousand One Addendum No 1. - Project 47041 Total amount of bid in words for Schedule "A": 0"e Hundred and Twenty TwO Thousand Nine Hundred and Seventy SeveifDollars ancr00/l00~~ Total amount of bid in numbers for Schedule "A": $ 122,977.00 The basis of award will be the sum of Schedule "A" and "B" unless bids for Schedule "B" are rejected, in which case the basis of award will be Schedule "A" onty. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 & 2 has/have been received and is/are included in this proposal. OPENED, WITNESSED AND RECORDED; Addendum No 1. - Project 47041 Total amount of bid in words for Scheduie "A": See Schedule "A" From Addendum No. 1 Total amount of bid in numbers for Schedule "A": $See Schedule "A'Trom Addendum No.l Prlce(s) given above are firm for 90 days after date of bid opening. Addenclum(a) Nofs). See Schedule "A" has/have been received and is/are included in this proposal. From Addendum No. 1 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 977533 , classification D-12 which expires on 10/03/2014 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is ^warded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firni, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond _(Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. Revised 1/30/13 Contract No. 47041 Page 10 of 100 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 977533 DISCLAIMER: A license status check provides Infonnation taken from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. •» CSLB complaint disclosure Is restricted by law (B&P 7124.6) If this entity Is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action Information. -» Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. -» Arbitrations are not listed unless the contractor falls to comply with the temns of the arbitration. -» Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Extract Date 6/18/2014 Bonding Workers' Compensation 977533 CALIFORNIA SEALANT SOLUTIONS INC Business Phone Number: (619) 971-6908 10VIAMONTISI SANTEE, CA 92071 Corporation 10/03/2012 10/31/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION D12 SYNTHETIC PRODUCTS CONTRACTOR'S BOND This license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY. Bond Number: W150137528 Bond Amount: $12,500 Effective Date: 08/29/2012 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) SLAVIN GARRETT JAMES certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying Individual is not required. Effective Date: 03/20/2013 WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNuin=97... 6/18/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 Policy Number: 9097589 Effective Date: 05/01 /2014 Expire Date: 05/01/2015 Workers' Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List | Other Licenses Conditions of Use | Privacv Policv Copyright © 2010 State of Caiifornia https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=97... 6/18/2014 IF A SOL^WNER OR SOLE CONTRACTOR SIGN HERE: (1) Name unde^which business is conducted N/A (2) Signature (giveK^and surname) of proprietor N/A (3) Place of Business \ N/A City and State N/A (Street and Number) (4) Zip Code N/A Telephone No. N/A (5) E-Mail N/A IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conduct^ N/A (2) Signature (given and surname and character of pattner) (Note: Signature must be made by a general partner) N/A (3) Place of Business N/A City and State N/A (4) Zip Code N/A (5) E-Mail N/A (Street and Number) . Telephone No. N/A Revised 1/30/13 Contract No. 47041 Page 11 of 100 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted California Sealant Solutions, Inc. ^yMmcym (Signature) President/CEO (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of OA (4) Place of Business 10 Via Montis! (Street and Number) City and State Santee. CA (5) Zip Code 92071 Telephone No. (619) 596-5863 „__^_ (6) E-Mail annette@calsealants.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 0 Revised 1/30/13 Contract No. 47041 Page 12 of 100 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of %C\\[^ 'i(0^ nlVlfi ^ ff\[^^ before me, AAC —"-^—^— (Here insert name and title o^the officer) personally appeared On who proved to me on the basis of satisfactory evidence to be the personj^ whose name^js/^i^ubscribed to the within instrument and acknowledged to me that yishs/t/ey executed the same in ^s/ber/t)jfeir authorized capacity(ie§, and that by Wfs/hsr/^Heir signature^ on the instrument the person(^, or the entity upon behalf of which the personj^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. (Notary Seal) JULIETTE SIMOES t COMM. #1954015 m Notary Public-California £2 SAN DIEGO COUNTY My Comm. Exp. OCT. 23,2015 I ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity ofthe signer). Please check the document carefully for proper notarial wording and attach this form if required. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages jCD Document Datel^^jSj]^ (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) n Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signei(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signet<s) who personally appear at the time of notarization. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. h9/she/they^ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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: Annette Sanders - President Rene Dumas - Vice Pre.sidenf Gary Slavin - Spr.rpfary Revised 1/30/13 Contract No. 47041 Page 13 of 100 Pages BID SECURITY FORM (Checl< to Accompany Bid) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 (NOTE: The foltowing form shall be used if check accompanies bid.) Accompanying this p^posal is a 'Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum oK> N/A ^ dollars ($ N/A J- this amount being ten percent (>0%) of the total amount of the bid. The proceeds of this check shall become the property of the City pK)vided this proposal shall be accepted by the City through action of its legally constituted contractingVithorities and the undersigned shall fail to execute a contract and fumish the required Performanfi^ Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; othdKwise, the check shall be retumed to the undersigned. The proceeds of this check shall also becomeNhe property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (ISMays after the date set for the opening thereof, unless otherwise required by law, and notwithstandin^he award of the contract to another bidder. BIDDER \ *Delet6 the inapplicable word. (NOTE- If the Bidder desires to use a bond instead of check, the Bid Bond form on the followrog pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the tota! amount of the bid.) Revised 1/30/13 Contract No. 47041 Page 14 of 100 Pages ^ BIDDER'S BOND TO ACCOMPANY PROPOSAL SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 KNOW ALL PERSONS BY THESE PRESENTS: "'"'^3* we, Califomia Sealant Solutions, Inc. as Principal, and Westem Surety Company as Surety are held and firmly bound unto the City of Carlsbad, Califomia, in an amount as follows' (must be at least ten percent (10%) of the bid amount) Ten Percent of bid amount (10%) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators successors or assigns, jointly and severally, fimily by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for; SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 in the City of Carisbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract includmg required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Cadsbad, being duly notified of said award, then this obligation shall become null and void; othenwise, it shall be and remain in full force and effect, and the amoynt specified herein shall be forfeited to the said City. ^ Revised 1/30/13 Contract No. 47041 pgge 15 of 100 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this (g^*^ day of MO^N^ ,2014 PRINCIPAL: Cjajifornia Sealant Solutions, Inc. of Princip; AM Executed by SURETY this oT~" May 1st day ..20ji. \%\Qn here) tv\. SoL.nrkd (orint name here) CA\\j^nia ?ieoAant ?r)\\Pm^. (Title^n^rganizaJjoFkpf Signatory) SURETY: Western Surety Company (name of Surety) 1455 Frazee Rd Ste 801, San Diego, CA 92108 (sign here (address of Surety) 619-682-3550 (print name here) (title and organization of signatory) (telephone number of Surj By (signature of Attorney Matthew C. Gaynor (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney -r. nP OA Assistant City Attorney A Revised 1/30/13 Contract No. 47041 Page 16 of 100 Pages Wfetern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal ofTice in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Matthew C Gaynor, Kim D Vasquez, Daniel Frazee, Individually of Santee, CA, its true and lawful Attomey(s)-in-Fact with fiill power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligstory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fiilly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby giwn, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority ofthe By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2012. WESTERN SURETY COMPANY y. l>aul T. Bruflat, Vice President State of SoiAh Dakota County of Minnehaha } On this 19th day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; thet he knows the seal of said coiporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said coiporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be tfie act and deed of said corporation. My commission expires •-j-j^.vj.r^rj - SJ.-.* June 23,2015 /^^NOMIirPOBLIC/f^ . Mohr, Notary Public CERTIFICATE I. L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certily that the Power of Attomey hereinabove set fbrth is still in force, and further certify that the By-Law of the coiporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 st: day of May , 2014. WESTERN SURETY COMPANY Form F4280-7-2012 / L. Nelson, Assistant S Secretary y^ ACKNOWLEDGMENT State of California County of San Diego ) On May 1, 2014 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(^ whose name(8) is/afe subscribed to the within instrument and acknowledged to me that he/She^they executed the same in his/her/their authorized capacity(j»S), and that by his/hor/thoir signatureC^) on the instrument the person(»y, or the entity upon behalf of which the personOar) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. vft/iT-Mcroo u J ^ «• • I . 1 y<(S5^ KATHY SCHEUERMAN | WITNESS my hand and Official seal. i^^k Commitsion # 2062091 1 ^ V^^Siv Notary Public • Caliiornia 1 1 ^^1^^ County g Siqnature l<^OXtU^. Sc}yjJi;jMnM^ . (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ^QP^S^^Q£^ OnHOM i3 .,;?rH before me, Z3li(^.-yA S\VYYT5s l\:V>bu>f PlipVu (Here insert name and titiyf the officer) personally appeared H • ^rKYld^M^S ( Vx^l ^ leKVa VA^C.V ^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ij|/are subscribed to the within instrument and acknowledged to me that I}^/^e/they executedthe same in IiJ^/Jter/Seir.authorized capacity(ies), and that by l^/j?fer/tiieij- signature^sXon the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SAN DIEGO COUNTY ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT nd (Title or description of attached document) (Title or description of attached document continued) Number of Pages /[T) Document DateSj/3j j^" (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any altemative acknowledgment verbiage as may be printed on such a doctiment so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefulfyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notari2ation must be the date tiiat the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signei(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/thay;- is /»e) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. •> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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", "Contracf, "Contractor", "Contract Price", "Contract Unit Price", "Engineer, "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othenwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications In excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, Including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct Information mav result in reiection 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 Carisbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall cleariy apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 1 /30/13 Contract No. 47041 Page 17 of 100 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 1 /30/13 Contract No. 47041 Page 18 of 100 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEI MS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of 1 Work by Subcontractor in Dollars* Protective Coating Kina of the Painters 429555 $i2.87s.nn 4155 Caminn Alpgrp C-.3.3 1 a Mpca r^A Q1Q/11 Page 1 of 1 pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) Califomia Public Contract Code, receipt of the Infotmation preceded by an asterisk may be submitted by the Bidder up to 24 hours afterthe deadline for submitting bids contained in the "Notice Inviting Bids." Revised 1/30/13 Contract No. 4704i Page 19 of 100 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Atxompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully perf'ormed and give references, with telephone numbers, which will enable the City to Judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Please see attached Revised 1/30/13 Contract No. 47041 Page 20 of 100 Pages California sealant solutions, inc. license 977533 10 via montisi. santee. ca 92071 phone 619-596-5863 fax 619-596-5867 calsealants.com Dear Mr. Zunke, See past performance for CSSI employees below: Gary Slavin - Project Manager Project Name Description Contract Amount Date Complete SBC Global Building Cut-out and re-caulk exterior window frames and glass (20,000 LF) $250,000.00 June 2008 San Diego Police Station Cut-out and recaulk window glazing (25,000 LF). $800,000.00 October 2012 501 W. Broadway Remove and replace exterior sealant and precast panels and window frames (40,000 LF) $350,000.00 September 2013 David Felix - Salesman Project Name Description Contract Amount Date Complete Las Colinas Detention Center Caulking interior/exterior CMU joints and door and window frames (200,000 LF) $750,000.00 April 2014 UCSD Altman CTRI Waterproofing vertical shoring wall, between layers of shotcrete (27,000 SF) $357,000.00 November 2013 Rene Dumas - Superintendent Project Name Description Contract Amount Date Complete Fashion Valley Mall Waterproofing vertical on concrete beneath pavers at walkways/bridges (50,000 SF). $275,000.00 June 2008 NOTE: These projects listed above were awarded to employees' previous employer. BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 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 confomiance with the requirements herein for each of: [Zl Comprehensive General Liability IS Automobile Liability Kl Wori<ers Compensation [Zl 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. Ali 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 anv vehicle used in the perfonnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 1/30/13 Contract No. 47041 Page 21 of 100 Pages CAUF19 yVCORD CERTIFICATE OF LIABILITY INSURANCE OP ID: LS DATE (MM/DD/YYYY) 05/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3EL0W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Pfione: 619-937-0164 Rancho Mesa Insurance Services _ «.i<>o 250 RIvervlew Parlway #401 Fax: 619-937-0168 Santee, CA 92071 Daniel W. Frazee CONTACT NAME: PRODUCER Pfione: 619-937-0164 Rancho Mesa Insurance Services _ «.i<>o 250 RIvervlew Parlway #401 Fax: 619-937-0168 Santee, CA 92071 Daniel W. Frazee PHONE FAX lA/C. No. Extl: (A/C, No): PRODUCER Pfione: 619-937-0164 Rancho Mesa Insurance Services _ «.i<>o 250 RIvervlew Parlway #401 Fax: 619-937-0168 Santee, CA 92071 Daniel W. Frazee E-MAIL ADDRESS: PRODUCER Pfione: 619-937-0164 Rancho Mesa Insurance Services _ «.i<>o 250 RIvervlew Parlway #401 Fax: 619-937-0168 Santee, CA 92071 Daniel W. Frazee INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Pfione: 619-937-0164 Rancho Mesa Insurance Services _ «.i<>o 250 RIvervlew Parlway #401 Fax: 619-937-0168 Santee, CA 92071 Daniel W. Frazee INSURER A James River Insurance Company 12203 INSURED California Sealant Solutions, Inc. 10 Via Montisi Santee, CA 92071 INSURER B Ohio Security Insurance Co INSURED California Sealant Solutions, Inc. 10 Via Montisi Santee, CA 92071 INSURER C State Compensation Ins. Fund 35076 INSURED California Sealant Solutions, Inc. 10 Via Montisi Santee, CA 92071 INSURER D INSURED California Sealant Solutions, Inc. 10 Via Montisi Santee, CA 92071 INSURER E INSURED California Sealant Solutions, Inc. 10 Via Montisi Santee, CA 92071 INSURER F COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLlj lUSB.. mm INSR LTR TYPE OF INSURANCE POLICY NUMBER POUCY EFF (MM/DD/YYYYl POUCY EXP (MM/DD/YYYYl UMITS GENERAL UABIUTY COMMERCIAL GENERAL LIABIUTY CLAIMS-MADE | X | OCCUR 00061245-0 05/01/2014 05/01/2015 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occijiTence) MED EXP (Any one person) PERSONALS ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOG PRODUCTS - COMP/OP AGG 1,000,000 50,000 Excluded 1,000,000 2,000,000 2,000,000 AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS BAS(15)56094174 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 04/25/2014 04/25/2015 BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) Comp/Coll Ded 1,000/1,OOC UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/IUIEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 9097589-2014 05/01/2014 05/01/2015 V WCSTATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remarks Schedule, if more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR - THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 AND CG2037 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES PER ENDORSEMEMT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYCAR CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POUCY NUMBER: 00062145-0 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies irourance provided under flie followbfig: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name Of Additional Insured Pei8on(s) OrOrganizationls): Locatlon(s) Of Covered Operations Where required by written contract or agreement All operations of the Named Insineds Infbmiation required to (»mi^ this Schedule, if not shown at)ove. will tie shown in the (Dedarations A. Section II - Who Is An Insured is amended to indude as an additional insured the person(s} or organization(s} shown In the Schedirte. but only with respect to liablHty for Iwdily Ir^ury", "proper^ damage or "iwrsonal and advertising ^uiy^ caused, tn whole or in part, ty: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your Iwhalfi in the performance of your ongoing operations for the additional insured(s) at the location(8} desig- nated above. B. vwth respect io the insurance affoided to these additional Insureds, the foilowing additional exclu- sions a(^ Thte insurance does not apply to "bodily injury" or "property damage" occuning after 1. All work, induding materials, parts or equip- mwit furnished in connection with sudi worl?, on the prefect (other than senrtce, maintenance or repairs) to be perfonned by or on behalf of the addition^ insured(s} at the location of the covered operations has been completed; or 2. That porUwi of "your work" out of whidi the injury or damage arises has been put to Its In- tended use by any person or organization tilth- er than another contractor or subcontractor engaged in perfonning operatfons for a princi- pal as a part of the same prcijed. 06 2010 0704 e ISO Properties, Inc., 2004 Page lofl • POLICY NUMBER 00062145-0 COMMBICIAL GENERAL UABILITY 06 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement madHes insunance provMed under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Penton(s) OrOraanizationfsk Location And Description Of Completed Opera- tions Where required by written cmtract or agreement Ait operations of the Named Insureds Infonnation required to complete this Schedule, if not shown alxwe. will be shown In the Dedarations Section II - Who Is An Insured is amemted to indude as an additional insured the penson(s) or organlza- tion(5) shown In the Schedule, but only with r^ied to labilily for "bodily injury" or 'property damage" caused, Nn whole or in part, by "your woric" A the location desig- nated and described in the schedule of this endorse- ment peribnned for that additkmal Insured and induded in the 'products-completed operalions hazanf. C6 20 37 07 04 ® ISO Properties. Inc., 2004 Pagel of 1 O THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CARFEULLY. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the ftdowing: ALL COVERAGE PARTS The Company agrees to waive any right recovery agwnst any person or organization, as requlTBd by written contract because of payments we make for injury or damage wWdi is llmitBd to ilabnity directly caused by "your woric' wttich is imputed to sudi person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POUCY REMAIN UNCHANGED. AP5004US11-06 Page 1 of 1 COMMERCIAL AUTO CABS 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEIVIENT OR PERIVIIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION 11 - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply fo a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ® 2013 Liberty Mutual Insurance CA 88 10 01 13 includes copyrighted material of InsuranceServicesOffice, Incwith its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". ADDiTiONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does nol apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ® 2013 Liberty Mutual Insurance CA 88 10 01 13 includes copyrighted material of InsuranceServicesOffice, inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject td a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". Forthe purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 * 2013 Liberty Mutual insurance CA 88 10 01 13 Includes copyrighted material of InsuranceServicesOffice, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION 111 - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION 111 - PHYSICAL DAMAGE COVERAGE,A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductifate, up fo $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried hy an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION 111 - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION 111 - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.C. and 4.d. is deleted and replaced with the following: <^ 2013 Uberty Mutual insurance CA 88 10 01 13 Includes copyrighted material of Insurance Sen/ices Office, Inc., with its permission. Page 4 of 7 Exclusion 4.C. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C, LIMIT OF INSURANCE of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time ofthe "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time ofthe "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V- DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment ^ 2013 Liberty Mutual Insurance CA 88 10 01 13 includes copyrighted material of Insurance Sen/ices Office, Incwith its permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by cx)llision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is; a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION 111 PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is fhe smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS Is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its enfirety by the following: a. In the event of "accident", claim, "suif" or "loss", you must promptly nofify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ^ 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of InsuranceServicesOffice, Incwith its permission. Page 6 of 7 To the extent possible, notice to us should indude: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5„ Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended asfoltows: 22. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 includes copyrighted matenal of InsuranceServicesOffice, Incwith its permission. Page 7 of 7 THIS ENDORSEINENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the foflowing: ALL COVERAGE PARTS Name Of Additfonal insured Person(s} OrOrganbarttonfsli if no entry appears above, this endorsement apr^ies to all AddMonal InsunKis covered undsr this polkry. ^ Any coverage provided to an Addittonal insured under this policy shaH be excess over any other valid and coiiedible Insurance available to sudi Addittonal Insured whether prim»y, excess, contingent or on any other basis unless a written contrad or written agreement spedfically requires that this Insurance apply on a primaiy and noncontributory basis ALL OTHER TERMS AND CONDITIONS OF THE POUCY REMAIN UNCHANGED AP5031US 04-10 Page 1 of 1 ENDORSEMENT AGREEMENT STATE UU'Vi-'I-M'^'^ 1 :UN INJSURA.NCE UND WAIVER OF SUBROGATION BLANKET BASIS 9097589-14 NEW SP HOME OFFICE SAN FRANCISCO EFFECTIVE MAY 1, 2014 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING MAY 1, 2015 AT 12 AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE 1 OF 01 A.M. CALIFORNIA SEALANT SOLUTIONS, 10 VIA MONTISI SANTEE, CA 92071 IN WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.005; OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: j^j^y 7^ 2014 AUTHORIZED REPRESENTATIVE SCIF FORM 10217 (REV.1-2012) PRESIDENT AND CEO 2572 OLD DP 217 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of Catifornia? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debamnent BY CONTRACTOR: Calift^rhia Sealant Solutions (sign here) ' (print name/title) Page 1 of 1 pages of this Re Debarment fonm Revised 1/30/13 Contract No. 47041 Page 22 of 100 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, Califomia 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) w Page 1 of 2 pages of this Disclosure of Discipline form Revised 1 /30/13 Contract No. 47041 Page 23 of 100 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 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. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Cajjfernia ."^ipalant Snliitinns, Inr. name of Cantrai Jim 5r) *^(sign here) / ( (print name/title)/ Page 2 of 2 pages of this Disclosure of Discipline form Revised 1 /30/13 Contract No. 47041 Page 24 of 100 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 The undersigned declares: I am the President of CSSI , 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 infomiation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Tuesday. June 3rd , 20 14 at Santee [city], JilA [state]. Signature of Bidder Revised 1 /30/13 Contract No, 47041 Page 25 of 100 Pages CONTRACT PUBLIC WORKS This agreement is made this _ _ day of Jo>(<j , 20 f^, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and California Sealant Solutions, Inc. (CSSI), a California corporation, whose principal place of business is 10 Via Montisi, Santee, CA 92071 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 (hereinafter called "project") 2. Provisions of Labor and IVIateriais. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractorto 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. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. ^¥ Revised 1/30/13 Contract No. 47041 Page 26 of 100 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7 Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8 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 ansing from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health- and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor whether intentional or othenwise, 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. Revised 1 /30/13 Contract No. 47041 Page 27 of 100 Pages 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 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. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insu ranee maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the \^ Revised 1 /30/13 Contract No. 47041 Page 28 of 100 Pages City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. 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. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the 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. Revised 1 /30/13 Contract No. 47041 Page 29 of 100 Pages (F) Carlsbad Municipal Code. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad 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 10 above. 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. 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, titie, 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. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 1 /30/13 Contract No. 47041 Page 30 of 100 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: jm^ of Contractor)^ CITY OF CARLSBAD a municipal corporation of the State of California ^ City Manager _^ , EST: ^ (sign here) (print naraealad title) ^y- (A ^UdP^— (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 City Attorney By: AssisfanfCily Atfdffie ESH log ; Tj- 3 CM — ICS Ol-: N NMNM ftMnjHbMlIM I IM tut ^mtHStSHuioStit SN ttRM in Ni/NMNiiiM. and mWSStim sitnatuftisMRiMi^S^^^ Mill^ wpM MIM of vMck IM ptnon^MM, I I cwtHy imdw PENALTY OF iUUIW umiw tht lm of iM SM of Cal^ iM ItM fongoino fMngr^ is true and comet. WITNESS ffly ivnd and official seal. SiOMfuioi Revised 1/30/13 Contract No. 47041 Page 31 of 100 Pages State of California County of SQr\ Q 'i.^o CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On Jg-ly /In, r^om before me, MiiCtO.T?tt^< AJD ^LyC<^ iyUo^ry AxbiZ , ' (here insert name aKd title ofthe officer) ' personally appeared KciHvyrt B. Podsv who proved to me on the basis of satisfactory evidence to be the persoi)j^^ whose nam^^sfis/.^fe'subscribed to the within instrument and acknowledged to me that Jae/she/tjiey executed the same in j>is7her/^thdT authorized capacit>^(ies), and that by t>ts7her/tj>€if signaturo^sf on the instrument the persortWTor the entity upon behalf of which the persorij^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^^.^fg:j6<:At3 AflAyCrt J'UJ^ LltlCIA TREVINO REYES'1 COMM. #1994847 i Notary PuMic. Califomia » San Diego Counfy S My Comm. Enpiws Oct. 21.2016| (Seal) OPTIONAL INFORMATION Although ths^inforrnation in this section is not required by law, it could prevent fraudulent removal andreattachment of this acknowledgrrT§T>t^o an unauthorized document and may prove useful to persons relying on the aftae/rfc/ document. Proved to me on the basis of satisfactory evidence: I—O form(s) of identification O credible witness(e5) Notarial event is detailed in notary journal on; Page # Entry # ) Copyright 2007-201 2 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved- Part Number 101772. Please contact your Authorized Reseller to purchase copies of this form. Bond number: 71560164 Premium Included in Perfomiance bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted June 17.2014 has awarded to California Sealant Solutions, Inc. (hereinafter designated as the "Principal"), a Contract for: SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, California Sealant Solutions. Inc. as Principal, (hereinafter designated as the "Contractor"), and Western Suretv Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Twenty Two Thousand Nine Hundred Seventy Seven and 00/100 Dollars 122.977.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 1/30/13 Contract No. 47041 Page 32 of 100 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety trom its obligations under this bond. Executed by CONTRACTOR this QLVO^ day of ,2014 Executed by SURETY this of June 25th .day CONTRACTOR: California Sealant Solutions, Inc. SURETY; Western Surety Company (sign here) - (print name here) _ . ^ i (name of Surety) 1455 Frazee Rd Ste 801, San Diego, CA 92108 (address of Surety) (619) 682-3550 By: (telephonfe numbe^of Surety) ) and orgarifeation of Bignatory) By (sign here) (signai6re of Attdrffj^Vyn-Fact) Matthew C. Gaynor (pnnted name of Attorney-in-Fact) (attach corporate resolution showing current power (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorne: By y Attorney _ Assistant City Attorney ^ ^¥ Revised 1/30/13 Contract No. 47041 Page 33 of 100 Pages Wfetern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint Matthew C Gaynor, Kim D Vasquez, Daniel Frazee, Individually of Santee, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and odier obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fiilly and to the same extent as if such instruments were signed by a duly authorized offcer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporSion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2012. WESTERN SURETY COMPANY 'aul T. Bruflat, Vice President State of South Dakota County of Minnehaha } On this 19th day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto puisuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23,2015 J. MOHR NOTARY PUBUC SOUTH DAKOTA' J CERTIFICATE (pm J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and fiirther certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 2S\l.Yi jay of June ^ ^^"^ ^ . WESTERN SURETY COMPANY / L. Nelson, Assistant Secretary Forai F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name ofthe Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACKNOWLEDGMENT State of California County of San Diego ) On June 25, 2014 before me, Kathy Scheuernnan, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person!/) whose name(8) is/afe subscribed to the within instrument and acknowledged to me that heMre/they executed the same in his/her/their authorized capacity(ie«), and that by h\slh»fjVFmr signature(^) on the instrument the person(8jf, or the entity upon behalf of which the personOa) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. KATHYSCHEUERMAN WITNESS my hand and official seal. -/^-?^^ Commission # 2062091 <-r,.«-a*s£H Notary Public - California 1 San Diego County ^ My Comm. Expires Mar 28,20181 Signature. I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of On^)-Mj;)'7,30\4before me, '^"iWcVtcS S'>'m,-> N .tJO^OU ^j^JolCt (Here insert name and title of thk^flficer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)_whose name_(s} ^s/are subscribed to the within instrument and acknowledged to me that y/sjjfe/&ej[, executed the same in M^ier/their authorized capacity(ies), and that by t^/J^er/^ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed fhe instrument. I certify under PENALTY OF PERJURY under fhe laws ofthe State of Cahfomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of NotaryTublic JULIETTE SIMOES COMM. #1954015 rn Notary Public-California 52 v^,^ „. SAN DIEGO COUNTY J ^^^y My Comm. Exp. OCT. 23, S015 \ (Notary Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notaiy section or a separate acknowledgment form must be properly completed and attached to that document. Tlie only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notaiy in California (i.e. certifying the authorized capacity ofthe signer). Please check the document carefully for proper notarial wording and attach this form if required. (Additional information) CAPACITY CLAIMED BY THE SIGNER n Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other • State and County information must be the State and County where tlie document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The aotary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personaUy appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. •bg/she/thoy,' isiiwe ) or circling the correct forms. Failure to correctly indicate tliis infomiation may lead to rejection of document recording. • The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment fonn. • Signature ofthe notary public must match the signattire on file with the office of the county cleA. cs Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. GS hidicate title or type of attached document, number of pages and date. cs Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofBcer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Bond number: 71560164 Premium: $3,689 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. adopted June 17, 2014 , has awarded to California Sealant Solutions, inc. , (hereinafter designated as the "Principal"), a Contract for: SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerl< of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, California Sealant Solutions, Inc. , as Principal, (hereinafter designated as the "Contractor"), and Western Suretv Company as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of One Hundred Twenty Two Thousand Nins Hundrfiri Sfivanty Sfivfin anri 00/100 ^____ Dollars f$ 122.977.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenwise 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, al! 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 temns of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 1/30/13 Contract No. 47041 Page 34 of 100 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of _ Oune- 20i4__. CONTRACTOR: California Sealant Solutions, Inc. (name of Contractor) Executed by SURETY this. June 25th day of 20 14 SURETY: Westem Surety Company (name of Surety) 1455 Frazee Rd. Ste 801 San Diego, CA 92108 (sign here) (print name here) rA\\9(^v\A\ni Sealant PnVu:V\CT5. Voc^ (Title^d Organization of Signatory) (address of Surely) (619) 682-3550 (telephone number of Surety) By: (signature of Attorney-in-F^t) Matthew C. Gaynor (printed name of Attorney-in-Fact) (sign here) (Attach corporate resolution showing current power of attorney.) \/i(^Weg)\deA-t (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attomey \ Revised 1/30/13 Conlract No. 47041 Page 35 of 100 Pages western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, Tliat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Matthew C Gaynor, Kim D Vasquez, Daniel Frazee, Individually of Santee, CA 'ts true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offcer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confinned. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on Ihis 19th day of October, 2012. WESTERN SURETY COMPANY y aul T. Bruflat, Vice President State of South Dakota County of Minnehaha } On this 19th day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seai of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires I J. MOHR I l..n.23.20L5 f(lK>SrS1SS(SX /I _ ^ 7 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2 Sth day of June , 2014 . WESTERN SURETY COMPANY / L. Nelson, Assistant S< t Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings. Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name ofthe Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACKNOWLEDGMENT State of California County of San Dlego On June 25, 2014 before me, Kathy Scheuernnan, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(^ whose name(8) is/afe subscribed to the within instrument and acknowledged to me that he/Stre/they executed the same in his/her/their authorized capacity(jj8S), and that by his/ber/their signature(^) on the instrument the person(67> or the entity upon behalf of which the personOa^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Siqnature iCmJIflXj-^CJmJU)JUAXa^ (Seal) KATHY SCHEUERMAN t Commission # 2062091 t Notary Public • Calitornia 1 )- \igl^^ San Diego County ^ My Comm. Expires Mar 28,201 sl CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of 'BfL On'0jV\l3^2,aiMbefore me, ^0\\?.M S>'fnly.S KiCl^AlA P^llA (Here insert name and title of tlil^ffieer) personally appeared P\X^YVe! '^X\/:\-C/Yg> \ijeJAS/OvWaS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ^/are subscribed to the within instrument and acknowledged to me that lj^sj?|/thev execuleJ the same inTy^^er/their authorized capacity(ies), and that by l)is/^er/their signature(j) on the instrument the person(s'L or the entity upon behalf of which the personi^s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. ^ IA lii ifti fft if itliilf- WITNESS my hand and oflFicial seal. V JULIETTE SIMOESt COMM. #1954015 m Notaiy Public-California £2 SAN DIEGO COUNTY J V^^P^ My Comm. Exp. OCT. 2,3,2015 \ Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached docuinent) (Title or desaiption of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) a Corporate Officer (Title) • Partner(s) D Attomey-in-Fact D Trustee(s) a Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notaiy in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her cominission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. •h«/she/thoy,i isi^aw) or circling the correct forms. Failure to correctly indicate this infomiation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a dilferent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. cag Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document CSS Indicate title or type of attached document, number of pages and date. C58 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach tliis document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and .whose address is hereinafter called "Contractor" and ''s whose address is hereinafter called "Escrow Agent." For the consideration hereinaft^ set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 aVi 10263 of the Public Contract Code of the State of Califomia, the Contractor has the option to depoteit securities with the Escrow Agent as a substitute for retention earnings required to be withheld the City pursuant to the Construction Contract entered into between the City and Contractor for SAFETY CENT^ EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 in the amount of \ dated (hereinafter referred to as the "Contract"). Alternatively, on written i^equest of the Contractor, the City shall make payments of the retention earnings directly to the Escrdw Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling o\ retentions under these sections in an amount not less than $100,000 per contract. The market valine of the securities at the time of the substitution shall be a least equal to the cash amount then reqbnred 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 ownerN^ 2. The City shall make progress payments to the Contractor for such funds which othenwise would be withheld from progress payments pursuant to the ColWract provisions, provided that the Escrow Agent holds securities in the form and amount specified abWe. 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 s\jch time as the escrow created under this contract is terminated. The Contractor may direct the invesVnent of the payments into securities. All terms and conditions of this agreement and the rights and rasponsibilities of the parties shall be equally applicable and binding when the City pays the Escrow AgWnt 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 vne City. These expenses and payment terms shall be detennined by the City, Contractor and Escro\ Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 1 /30/13 Contract No. 47041 Page 36 of 100 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by wHtien notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that CHy consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shalNiave a right to draw upon the securities in the event of default by the Contractor. Upon seven days'wdtten 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 hasvcomplied with all requirements and procedures applicable to the Contract, the Escrow Agent sh^ll 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 Hie written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive>Df this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent<§ 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^} connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title. FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faradav Avenue. Cartsbad. CA 92008 Title Name For Escrow Agent: Signature Address _ Title Name Signature. Address _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 1/30/13 Contract No. 47041 Page 37 of 100 Pages IN wr^NESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first sfeiJorth above. For City: For Contractor: For Escrow Agent: Name Signature Address Revised 1/30/13 Contract No. 47041 Page 38 of 100 Pages GENERAL PROVISIONS FOR SAFETY CENTER EXTERIOR WEATHERPROOFING CONTRACT NO. 47041 CITYOFCARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated othenwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the wori< as required and as approved by the Engineer," unless stated othenwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless othenwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perfonn" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. \ F Revised 8/10/10 Contract No. 47041 Page 39 of 100 Agency - The City of Carisbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carisbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carisbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Govemment Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for infonnal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit Revised 8/10/10 Contract No. 47041 Page 40 of 100 issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenwise specified. Deputy City Engineer, Construction Management & inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carisbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for infonnal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carisbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Revised 8/10/10 Contract No. 47041 Page 41 of 100 Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless ''^j specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Revised 8/10/10 Contract No. 47041 Page 42 of 100 Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supen/ision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Revised 8/10/10 Contract No. 47041 Page 43 of 100 Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR Califomia Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carisbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Fioor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall Revised 8/10/10 Contract No. 47041 Page 44 of 100 HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL" Including INSP Inspection INV...^" Invert IP Iron pipe Junction chamber JCT Junction JS Junction structure JT..!. Joint \_ Length LAB"!!!!! Laboratory LAT Lateral LB..!!!!!!!!!! pound LD! Local depression LF!!!!!!!!!! Linear foot LH! Lamp hole LL.!!!!!!! Uve load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD!!!!!!! Leucadia Wastewater District lyyiAiNT Maintenance MAX....! Maximum MCR !!!!!!! Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD!!!!! Modified, modify MON Monument MSL.!Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC..!!!!!!!!!! G" center OD!!! Outside diameter OE !!!!!!! outer edge OH E!! Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG!!!!!!!! onginai PB Pull box Pc!!!!!!!!! point of cun/ature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI !!!!!! Point of intersection PL ! Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square Inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northem Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main Si International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STRGR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition Revised 8/10/10 Contract No. 47041 Page 45 of 100 TS Traffic signal or transition structure VERT Vertical TSC Traffic signal conduit VOL Volume TSS Traffic signal standard VWD Vallecitos Water District TW Top of wall W Water, Wider or Width, as applicable TYP Typical WATCH Work Area Traffic Control Handbook UE Underground Electric Wl Wrought iron USA Underground Service Alert WM Water meter VAR Varies, Variable WPJ Weakened plane joint VB Valve box XCONN Cross connection VC Vertical curve XSEC Cross section VCP Vitrified clay pipe 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) ^ , UL Undenwriters' Laboratories Inc. "* USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customarv Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (jim) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) '^^S 1 mile (mi) 1.6093 kilometer (km) .^J Revised 8/10/10 Contract No. 47041 Page 46 of 100 W 1 square foot (ft") 0.0929 square meter (m 1 square yard (yd') 0.8361 square meter (m ) 1 cubic foot (ft^) 0.0283 cubic meter (m ) 1 cubic yard (yd^) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gai) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 m eter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke"(cs)!!! 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1 -4594 Newton per ^ meter (N/m) 1 foot-pound force (ft-lbf) 1 -3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit ("F): Degree Celsius (°C): °F = (1.8x°C) + 32 °C = C>F-32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) 0 centi (c) !^"3 milli (m) 10^ micro (^) nano (n) iu 2 pico (p) 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds Number / per or (between words) ° Degree PL Property line CL Centeriine SL Survey line or station line 1 Revised 8/10/10 Contract No. 47041 Page 47 of 100 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render sen/ice to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings con- tained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If ttie Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for ttie same portion of the work to be performed under the Contract (In excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as othenvise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in Revised 8/10/10 Contract No. 47041 Page 48 of 100 excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the temns of this contract The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the temns of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: Revised 8/10/10 Contract No. 47041 Page 49 of 100 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of as-built drawings. The first set is designated as City of Carisbad Drawing No. 21201 and consists of five (5) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govem the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. Revised 8/10/10 Contract No. 47041 Page 50 of 100 The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 7) Plans. 8) Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Unifonn Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such Revised 8/10/10 Contract No. 47041 Page 51 of 100 deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless othenwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to cleariy show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 2 207-2.5 3 207-8.4 4 207-10.2.1 Revised 8/10/10 Safety Orders Joints Joints General Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Contract No. 47041 Page 52 of 100 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12,13,14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othenwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless othenwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product ' samples, and other infomnation necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-builf record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless othenwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Revised 8/10/10 Contract No. 47041 Page 53 of 100 Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other infonnation as may be required by the Engineer. Six copies of the supporting infonnation shall be submitted to the Engineer prior to the start of the Work unless othenwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless othenwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other infonnation necessary to describe a system, product or item. This infonnation is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-9 SURVEYING 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land sun/eying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Sun/eyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent sun/ey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the sen/ices of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying sen/ices as required herein and provide surveying, drafting and other professional sen/ices required to satisfy the requirements of the Land Sun/eyors Act. Sun/eyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Revised 8/10/10 Contract No. 47041 Page 54 of 100 2-9 2 1 Submittal of Surveying Data, All sun/eying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of oerforminq the survey. All sun/eying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8^/2" by 11") paper. Thefield notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits. Plats field notes from eariier surveys and all other evidence used by the Sun/eyor to determine he location of the monuments set. The field notes and calculations will be labeled with name of the Sun/eyor the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of obsen/ation or calculation, be numbered with consecutive paae numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Sun/eys Manual". The Contractor shall have a Record of Survey prepared by the Sun/eyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Sun/eyor performs any sun/eying that such map is required under^Sj 8762 of the State of California Business and Professions Code and whenever the Sun/eyor shall establish set or construct any pemnanent sun/ey monument. SDRS drawing M-10 type moriuments bolts spikes leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monijments and marks that are at, or accessory to, property comers and street centerlines are permanent sun/ey monuments. The Record of Sun/ey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of sun/ey and the degree of accuracy attained by the field sun/eying including the unadjusted ratio ot closure The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of sun/ey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Sun/ey(s) shall be submitted for the Engineer's review and approval before submittal to the County Sun/eyor and before submittal to the County Recorder. 2-9 2 2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater inten/als than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Sun/eyor and inspected and approved by the Engineer before the start of construction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Sun/eyor. Habitat mitigation sites and other areas to be presen/ed that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® Spacing O, <S> (Within) Street Centerline SDRS M-10 Monument <1000', Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, < 50' on tangents & < 25' on cun/es. Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and < 50' Grade Breaks &<25' 0.1'Vertical & Horizontal V Revised 8/10/10 Contract No. 47041 Page 55 of 100 Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® Lateral Spacing (3), ® Setting Tolerance (Within) Fence RP + Marker Stake < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' N/A (constant offset) 0.1' Horizontal Rough Grade Cuts or Fills > 10 m (33-) RP + Marker Stake <50' N/A 0.1'Verticals Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' <22' Horizontal & V4" Vertical Asphalt Pavement Finish Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks V Horizontal & V4" Vertical Drainage Structures, Pipes & similar Facilities®, ® RP + Marker Stake inten/isible & < 25', beginning and end, BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities. Risers & similar facilities (except plumbing). Skewed cut-off lines as appropriate %" Horizontal & Vertical Curb RP + Marker Stake < 25', BC & EC, at Vt^, Vih & ''A on curb returns & at beginning & end (constant offset) V Horizontal & ^U" Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curt) and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate %" Horizontal & V4" Vertical Junction Box ® RP + Marker Stake at each junction box location as appropriate Horizontal & Vertical Conduit ® RP + Marker Stake < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grades 0.30% as appropriate "is" Horizontal & when depth cannot be measured from existing pavement V4" Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centeriine of box, ends of box & wings & at each end of the local depression ® as appropriate 78" Horizontal & V/ Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake < 50' & along end slopes & conic transitions as appropriate 0.1'Vertical & Horizontal Wall ® RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 74" Horizontal & 74" Vertical Major Structure S) Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 78" Horizontal & 7/ Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 78" Horizontal & 74" Vertical Miscellaneous (D Contour Grading ® RP + Marker Stake <50' along contour line 0.1'Vertical & Horizontal Utilities ®, ® RP + Marker Stake < 50' on tangents & curves when R> 1000' & < 25' on cun/es when R < 1000' or where grade < 0.30% as appropriate 78" Horizontal & 74" Vertical Revised 8/10/10 Contract No. 47041 Page 56 of 100 Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® Lateral Spacing (3), (S> (Within) Channels, Dikes & Ditches ® RP + Marker Stake intervisible & < 100', BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, inlets & similar facilities as appropriate 0.1' Horizontal & 74" Vertical Signs ® RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1' Vertical & Horizontal Subsurface Drains ® RP + Marker Stake intervisible & < 50', BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities. Risers & similar facilities as appropriate 0.1' Horizontal & 74" Vertical Overside Drains ® RP + Marker Stake longitudinal location At beginning & end 0.1' Horizontal & 74" Vertical Markers ® RP + Marker Stake for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At marker location(s) 74" Horizontal Railings & Barriers ® RP + Marker Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves when R< 1000' at railing & barrier location(s) 78" Horizontal & Vertical AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 78" Horizontal & 74" Vertical Pavement Markers® RP 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 74" Horizontal ® staking for feature may be omitted when adjacent mari<er stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature . , , ,u u . .u ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centeriine. ® Some features are not necessarily parallel to centerline but are referenced thereto * . ® Multi-plane surfaced features shall be staked so as to provide line & grade infomnation for each plane of the feature ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number fol- ®The*cut^datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(B) Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine. White/Red Vertical Control Bench marks White/Oranqe Clearina Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow Structure Bridges, sound and retaininq walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, stomn drains, slope protection, curbs, gutters, etc. Blue Riqht-of-Wav Fences, R/W lines, easements, property monuments, etc. White/Yellow Orange * Flagging and mart<ing cards, if used. Revised 8/10/10 Contract No. 47041 Page 57 of 100 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.2.2 shall be included in the actual bid items requiring the sun/ey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inten/iews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 8/10/10 Contract No. 47041 Page 58 of 100 2- 11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless othenwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. Revised 8/10/10 Contract No. 47041 Page 59 of 100 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. Revised 8/10/10 Contract No. 47041 Page 60 of 100 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency resen/es the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in detennining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 8/10/10 Contract No. 47041 Page 61 of 100 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, sen/ices, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perfonned by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next wori<ing day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. ^. Describe other sen/ices and expenditures in such detail as the Agency may require. Revised 8/10/10 Contract No. 47041 Page 62 of 100 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is re- quired to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of sen/ice of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." Revised 8/10/10 Contract No. 47041 Page 63 of 100 By: ^ Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: Revised 8/10/10 Contract No. 47041 Page 64 of 100 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenwise expressly provided for or the Claimant is not othenwise entitled to, or (C) an amount the payment of which is disputed by the local agency. . (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 Revised 8/10/10 Contract No. 47041 Page 65 of 100 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othenwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 8/10/10 Contract No. 47041 Page 66 of 100 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Revised 8/10/10 Contract No. 47041 Page 67 of 100 Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonward 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 sen/ices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless othenwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall ^p name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any ^...^^ place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 8/10/10 Contract No. 47041 Page 68 of 100 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall detennine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, sen/ice, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory perfonnance of substituted items. If, in the sole opinion of the Engineer, the substitution is detennined to be unsatisfactory in perfonnance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale sen/ice agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall Revised 8/10/10 Contract No. 47041 Page 69 of 100 be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process obsen/ations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to detennine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless othenwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or Revised 8/10/10 Contract No. 47041 Page 70 of 100 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4- 2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confimn the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the tenn of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5- 1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be sen/ed by a sen/ice connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Sen/ice Alert of Southern California) and obtain an inquiry identification number. Revised 8/10/10 Contract No. 47041 Page 71 of 100 The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including sen/ice connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the sen/ice function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or 'lo be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all —^ negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid Revised 8/10/10 Contract No. 47041 Page 72 of 100 interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate sen/ice connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of sen/ice 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 sen/ice connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering sen/ice connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place sun/ey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Aqency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection ot such existing facilities. Revised 8/10/10 Contract No. 47041 Page 73 of 100 If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5- 6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenwise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete perfonnance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Revised 8/10/10 Contract No. 47041 Page 74 of 100 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carisbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on- site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 'l working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the'specified contract duration will not be acceptable and will be grounds for detemiination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration Revised 8/10/10 Contract No. 47041 Page 75 of 100 project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall he 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 specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "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 the 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 changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity undenway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Revised 8/10/10 Contract No. 47041 Page 76 of 100 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. Revised 8/10/10 Contract No. 47041 Page 77 of 100 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 explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially differenf means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes the removal and replacement of all construction/expansion joints, repair and restoration of Masonry, and applying a sealant to the structure at City of Carisbad Safety Center 2560 Orion Way, Carlsbad CA, 92010. The descriptions for Phase 1 through 4 are oven/lews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overiap each other and/or occur during the same time period for work on City of Carlsbad Safety Center 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Revised 8/10/10 Contract No. 47041 Page 78 of 100 Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may sen/e written notice upon the Contractor and the Surety on its Faithful Perfonnance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work perfonned by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. Revised 8/10/10 Contract No. 47041 Page 79 of 100 The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6- 6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The .^"Ik Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Wori<. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a ^^mi^. cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should j the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no '^'^ Revised 8/10/10 Contract No. 47041 Page 80 of 100 W delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 45 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the nonnal work force for cause as defined in Section 6-6.1. Unless othenwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 7:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving the removal and replacement of any exterior joints that would impede the main entrance to the City of Carisbad Safety Center shall be perfonned by the contractor between Monday through Friday. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and weekend work on an interim basis to accomplish the removal and replacement of the exterior joints that would affect the front entrance to the City of Carisbad Safety Center. The remaining work schedules for above work referenced in (b) will be at the Engineer's option. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Othenwise, the statement will be deemed to have been accepted. Revised 8/10/10 Contract No. 47041 Page 81 of 100 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or pennanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the _ Contractor shall pay the Agency, or have withheld monies due it, the sum of Nine Hundred Dollars ($900.00). 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 Nine Hundred Dollars ($900.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsiliility for correcting defective work or materials. In the event the Agency exercises its right to place into sen/ice and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 8/10/10 Contract No. 47041 Page 82 of 100 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenwise objectionable, or who fails or refuses to perform work properiy and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compen- sation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. Revised 8/10/10 Contract No. 47041 Page 83 of 100 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed 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, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. ^mii^ 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ^ ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Revised 8/10/10 Contract No. 47041 Page 84 of 100 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to presen/e the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Revised 8/10/10 Contract No. 47041 Page 85 of 100 Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Poilution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 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 accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be pennitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All intemal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Revised 8/10/10 Contract No. 47041 Page 86 of 100 Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as neariy the original condition and location as is reasonably possible. Lawns shall be reseeded 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 be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless othenwise authorized, traffic shall be pennitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenwise 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 othenwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be perfonned in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overiaid sufficient paved parking within an 800 foot distance from their homes or businesses. Revised 8/10/10 Contract No. 47041 Page 87 of 100 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenwise permitted. After placing backfill, all excess material shall be removed immediately from the site. Revised 8/10/10 Contract No. 47041 Page 88 of 100 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, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)434-2992 2) Carlsbad Fire Department Dispatch (760) 931 -2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760)967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be cleariy posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Unifomn 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 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 Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement 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 shall conform to the provisions of Section 210-1.6 et seq. except that ail 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, lights and devices installed 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 Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to Revised 8/10/10 Contract No. 47041 Page 89 of 100 install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. 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 vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' inten/als to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, e.g. 12') wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Revised 8/10/10 Contract No. 47041 Page 90 of 100 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (CalTrans MUTCD 2012.) Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (CalTrans MUTCD 2012| as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. Revised 8/10/10 Contract No. 47041 Page 91 of 100 7-10.3.7 Payment. The 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 shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instriJctions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain P'^ procedures for safe entry into confined spaces, including, but not limited to the following: Revised 8/10/10 Contract No. 47041 Page 92 of 100 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing ali equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times obsen/e and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Revised 8/10/10 Contract No. 47041 Page 93 of 100 Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7- 14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Othenwise any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such sen/ices shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. V Revised 8/10/10 Contract No. 47041 Page 94 of 100 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. Contractor shall furnish the Engineer a "Class A" Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall othenwise direct. This office shall have a minimum floor space of 600 ft^. All doors and windows shall be provided with screens. Furniture shall be provided as follows: one plan table, one standard 5 feet long double-pedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack. Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed. Heating and air conditioning of sufficient capacity shall be provided at no expense to the Agency. The Contractor shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a toilet and wash basin with hot and cold running water. Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension cord to serve the plan table and desk. Additionally the "Class A" Field Office shall be provided with: one (1) additional standard 5' double pedestal desk with two chairs, one (1) electrostatic copier and supplies, copier shall be Xerox Model Document Centre 545, or equal, one (1) FAX machine. Canon Model Faxphone B640 Bubble Jet Facsimile, or equal, one (1) refrigerator, one (1) microwave oven, and one (1) additional plan rack shall be provided. Water cooler to have hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION 8-2.2 Class "B" Field Office. This office shall be the same as class "A" except that integrated sanitary facilities and air conditioning are not required. A chemical toilet facility shall be provided adjacent to the office. Revised 8/10/10 Contract No. 47041 Page 95 of 100 8-2.3 Class "C" Field Office. The office shall be of suitable proportions with 120 ft^ of floor area. It shall be equipped with one 3 by 5 foot table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. 8-3 FIELD LABORATORIES. 8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class "C" Field Office specified in Section 8-2.3 except for the following: 1. Telephone service per Section 8-2.1. 2. Chair. 3. Work table, 4 by 10 feet, 3 feet high. 4. Sieves per Section 203-6. 5. Scales and weights. 6. Burner plate for heating supplies. 7. Thermometer, with 90 to 260°C (200 to 400°F) degree range (Asphalt Plants only). 8. Air meter for all concrete in accordance with ASTM C 231 of the type that indicates percentage of air directly (Precast Concrete Plants only). All sampling and testing equipment shall be maintained in satisfactory operating condition by Contractor or plant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations. 8-3.2 At Project Site. Field laboratories shall be in accordance with Section 8-3.1, except that sieves, scales, weights, burner plates, sampling devices, pans, and thermometers will be furnished ^% by the Agency at no expense to the Contractor. If air entraining agents are being used in the Concrete on the project, an air meter of the type described in Section 8-3.1 shall be furnished by the Contractor. 8-4 BATHHOUSE FACILITIES. When the Plans or Specifications require bathhouse facilities, the following shall be provided: 1. One lavatory with hot and cold water. 2. One toilet in a stall. 3. One 1 m (3 feet) trough-type urinal. 4. One enclosed shower at least 3 by 3 feet with hot and cold water. 5. One bench, 2 m (6 feet) long. 6. Soap dispensers. 7. Toilet paper holders. 8. Paper towel cabinet. 9. Wastepaper receptacle. These facilities shall be serviced and provided with necessary sanitary supplies. These facilities shall be for the exclusive use of Agency personnel. However, a separate building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities. 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. Revised 8/10/10 Contract No. 47041 Page 96 of 100 8- 6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, sen/icing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet sen/ice, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. SECTION 9 - MEASUREMENT AND PAYMENT 9- 1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the inten/ening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show Revised 8/10/10 Contract No. 47041 Page 97 of 100 either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions oif Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the /^m*. transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or """" structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properiy 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 Wori<, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these €9 Revised 8/10/10 Contract No. 47041 Page 98 of 100 General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time Revised 8/10/10 Contract No. 47041 Page 99 of 100 such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 8/10/10 Contract No. 47041 Page 100 of 100 WINDOW & WALL WATERPROOFING & WEATHER SEALING SPECIFICATION PART I - GENERAL 1.1 RELATED DOCUMENTS General Bidding Instruction and Quotation Page form a component part of this section. 1.2 SCOPE OFWORK A. Furnish all labor, materials, and equipment necessary to install new sealants, and other related materials, for purposes of caulking and weatherproofing certain areas as outlined and identified at the Pre-Bid Meeting. B. Building Components Included: 1. Window sash units - including existing window gaskets. 2. Glass to metal mullion joints. 3. Metal to masonry joints 4. Masonry to masonry joints 5. Masonry repair & restoration 6. Masonry surfaces C. Scope of Work Includes: 1. Removal of all existing masonry joint sealant materials and backer rod (if present) - masonry joints 2. Removal of all existing gasket seals - glass to metal joints. 3. Removal of all existing sealants - glass to metal, metal to metal and metal to masonry. 4. Removal of all contaminants, residue and dirt from affected joints and surfaces to be caulked. 5. Cleaning, priming and preparing masonry and metal surfaces at windows for treatment. 6. Installation of new caulking/sealants to all metal to glass, metal to metal and metal to masonry joints. 7. Installation of new caulking/sealants and joint backing to all masonry joints. 8. Repairs to existing masonry surfaces and sealing with water dispersed, low odor, penetrating concrete sealer. 1.3 QUALITY CONTROL Contractor shall: A. Be experienced in window/wall waterproofing and caulking. B. Contractor shall have crew members that have a list of successful similar sized projects. Provide a list of 5 projects with addresses, name of contacts, and phone numbers completed in San Diego County in the last 3 years. Projects must be of similar size and scope to the Safety Center project. C. Be acceptable to City of Carisbad. D. Contractor shall have a Safety Experience Modification rating of 1.0 or less. Please provide a company letterhead letter and backup for this rating. E. Be properiy licensed to perform work. 1.4 SUBMITTALS Submit at Pre-Construction Conference A. Product literature B. Material Safety Data Sheets C. Propose work schedule 1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery of Materials 1. Deliver materials to job-site in new, dry, unopened, and well-marked containers showing product and manufacturer's name. 2. Deliver materials in sufficient quantity to allow continuity of work. 3. Coordinate delivery to avoid City of Carisbad's involvement B. Storage of Materials 1. Store materials in dry area protected from water or extreme humidities. 2. Rooftop storage: Not permitted unless approved by City. 3. Storage of materials inside the facility is not pennitted. 4. Areas of the grounds will be designated for storage of materials at the Pre- Construction Conference by City of Carisbad. C. Material Handling 1. 2. Handle materials to avoid damage during transportation and installation. Material handling equipment shall be selected and operated so as not to damage existing construction or applied waterproofing. Do not operate or position material handling equipment in locations that will hinder smooth flow of vehicular or pedestrian traffic. 3. Debris shall not accumulate on the adjacent roof or on the ground around the work-site. Daily disposal and cleanup is required. 1.6 WARRANTY A. Installer's Warranty 1. Contractor's standard form in which the Contractor agrees to repair or replace elastomeric joint sealants and wall coating that do not comply with the performance and other requirements specified in the Section within specified warranty period. 2. Warranty Period: Two (2) years from date of completion and acceptance bv Citv of Carisbad. B. Manufacturer's Material Warranty 1. Manufacturer's standard form in which the sealant and sealer manufacturer agrees to furnish concrete sealer and joint sealants to repair or replace those that do not comply with the performance and other requirement specified in this Section within specified warranty period. 2. Warranty Period: Ten (10) years from the date of completion and acceptance by owner. C. Warranties specified in this Section exclude deterioration or failure of elastomeric joint sealants from the following: 1. Movement of the structure resulting in stresses on the sealant exceeding sealant manufacturer's written specifications for sealant elongation and compression caused by structural settlement or errors attributable to original design or original construction. 2. Disintegration of joint substrates from natural causes exceeding design Specifications. 3. Mechanical damage caused by individuals, tools, or other outside agents. 4. Changes in sealant appearances caused by accumulation of dirt or other atmospheric Contaminants. 1.7 SITE CONDITIONS A. Existing Conditions 1. Contractor shall be responsible to police his men to ensure all areas where his men are working are kept clean, neat, and orderly. 2. At conclusion of job, an inspection will be done to satisfy the City of Carisbad all areas of the building and grounds are in their original condition, or repaired/replaced to their original condition. 3. Use special precautions to protect landscaping. Contractor shall leave the grounds the same as the condition at the start of the job. 4. Access to work areas shall be from exterior ladders, scaffolding, manlifts or swingstage as designated by City of Carisbad. No Contractor employees will be allowed within main portions of building unless authorized by City of Carisbad. B. Environmental Requirements 1. Do not work in rain, or in presence of water, except for pressure cleaning. 2. Do not apply sealants or coatings if rain is imminent within 2 hours of application. 3. Safety Requirements 4. All application, material handling, and associated equipment shall conform to and be operated in confornnance with OSHA safety requirements. 5. The Contractor's foreman shall have all applicable Material Data Safety Sheets on site and available for review at all times. 6. Comply with City of Carisbad's fire and safety requirements. PART 2 - PRODUCTS 2.1 GENERAL A. Whenever, in the below listed sections, or in any of the contact documents, any item defined by describing proprietary products or by using names of manufacturers, the reference shall be interpreted as establishing a standard of quality. These items or products are established as the standard because their quality and long term performance serves the use intended. B. No materials substitution will be allowed unless approved in advance by City of Carisbad, City of Carisbad shall be the sole judge as to whether materials or products do in fact, meet the established standard of quality. C. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer, based on testing and field experience. D. Colors for exposed joint sealants: As selected by City of Carisbad from manufactures full line. E. Elastomeric Sealants: Comply with ASTM C 920 and other requirements indicated for each liquid-applied chemically curing sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates. F. Suitability for Immersion in Liquids. Where elastomeric sealants are indicated for Use I for joints that will be continuously immersed in liquids, provide products that have undergone testing according to ASTM C 1247 and qualify for the length of exposure indicated by reference to ASTM C 920 for Class 1 or 2. 2.2 MATERIALS A. Caulking and Sealants 1. Single-Component Neutral-Curing Silicone Sealant: a) Type and grade: S (single component) and NS (nonsag) b) Class 100/50 c) Use related to exposure; NT (nontraffic) d) TremSeal S by Tremco or approved equal. 2. Multicomponent Nonsag Urethane Sealant: a) Type and grade: M (multi-component) and NS (nonsag) b) Class 25 c) Additional movement capability: 40 percent movement in extension and 25 percent in compression for a total of 65 percent movement. d) Use related to exposure: NT (nontraffic) e) TremSeal HP by Tremco, Inc. or approved equal. B. Joint-Sealant Backing 1. General: Provide sealant backings of material and type that are non-staining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. 2. Cylindrical Sealant Backings: ASTM C 1330, Type C (closed-cell material with a surface skin), and of size and density to control sealant depth and othenwise contribute to producing optimum sealant performance. 3. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. C. Miscellaneous Materials: 1. Primer: Material recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. a) Masonry Primer for Single-Component Neutral-Curing Silicone Sealants: by the sealant manufacture - Silicone Porous Primer #23 b) Metal Primer for Single-Component Neutral-Curing Silicone Sealants: by the sealant manufacture - Silicone Metal Primer #10. 2. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates. 3. Cleaner for Porous Surfaces: Not to be used unless approved by the joint sealant manufacturer in advance. 4. Masking Tape: Non-staining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. D. Concrete Wall Sealer VOC compliant Alkyltrialkoxy Silane Concentrate, that when properiy dispersed in water, the resulting concrete surface becomes hydrophobic and repels moisture absorption. Decktite WDS by Tremco or approved equal. Performance Data (WDS in water) Property Test Standard Performance Data Vertical Application % Reduction in Water Weight Gain NCHRP 244 Series II test 78% % Reduction in Absorbed Chloride NCHRP 244 Series II 94% Water Screening Water weight gain Alberta Transportation Test 91.1% Water Screening After Abrasion Alberta Transportation Tes 87.9% Alkali Resistance After Abrasion Alberta Transportation Tes 89.7% Depth of penetration OHD L-34 18 inches Moisture Vapor Permeability NCHRP 244 Series II 100% PART 3 - APPLICATION INSTRUCTIONS 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Contractor and materials manufacturer's representative present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint-sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions and the following requirements B. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 1. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. 2. Remove loose particles remaining after cleaning operations above by vacuuming or blowing out joints with dry, oil-free compressed air. Porous joint substrates include the following: a) Concrete b) Masonry 3. Remove laitance and form-release agents from concrete. 4. Clean nonporous surfaces with chemical cleaners or other means that do not stain, hann substrates, or leave residues capable of interfering with adhesion of joint sealants. Nonporous joint substrates Include the following: a) Metal b) Glass c) Porcelain enamel C. Joint Priming: Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces. D. Bond Breaker Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that othenwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint-sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Install sealant backings of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of sealant backings. 2. Do not stretch, twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. D. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and backs of joints. E. Install sealants using proven techniques that comply with the following and at the same time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless othenwise indicated. 4. Provide flush joint configuration where indicated per Figure 5B in ASTM C 1193. 5. Provide recessed joint configuration of recess depth and at locations indicated per Figure 5 in ASTM C 1193. 6. Use masking tape to protect surfaces adjacent to recessed tooled joints. 3.4 CAULKING / GLAZING / SEALANT REPAIRS AND APPLICATION A. Metal to Masonry Joint. 1. Cleaning and preparation: a) Remove all existing deteriorated caulking and sealant from mullion to masonry joint by scraping and other mechanical means as necessary to render a clean substrate suitable for re-application of waterproofing sealant. b) Wipe all non-porous areas with cleaning solvent and allow to dry. 2. Apply a thin coating of specified silicone metal primer to the metal surface and allow to dry tack free. 3. Mask areas as necessary to prevent unsightly appearance of application. 4. Install a gun bead of silicone sealant to the joint and tool to a neat finish. B. Metal Joint to Glazed Lights and Metal to Metal Joints. 1. In areas where a wet system of sealant has been installed improperiy or the existing gasket material has dried out and deteriorated, remove carefully without disturbing the underiying gasket and clean the joint with approved cleaning solvent. 2. Blow out the existing window tracks and weeps with compressed air. 3. In areas where there are existing gaskets, remove and cut gasket in half lengthwise and reinsert in the joint formed by the mullion and the glass light. 4. Prime with silicone metal primer. 5. Allow the mullion weeps to remain open, and re-glaze over gasketed areas with single- component neutral-curing silicone sealant. Tool neatly. C. Vertical and Horizontal Joint Repairs: (Building Wall Joints) 1. Clean area with high pressure water, or mechanical means to remove embedded materials from joints in walkway. 2. Allow to dry and carefully prime Interior joint surfaces with urethane masonry primer. 3. Install closed cell polyethylene joint backer under minimum 35% compression, and tool to proper depth. 4. Make a second pass of the primer #1 just prior to installing the joint sealant. 5. Install Tremseal HP per manufacturer warranty detail requirements. Maintain proper width to depth ratio at all times 6. Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 7. Remove excess sealant from surfaces adjacent to joints. 8. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless othenwise indicated 9. Provide flush joint configuration where indicated per Figure 5B inASTM C 1193. 3.5 WATER DISPENSED SILANE SEALER After completion of all sealant work including any routing and caulking of designated cracks in concrete panels: A. Power wash surface prior to application @ 800 psi minimum. Allow surfaces to dry 72 hours minimum. Surface must be dry for proper application. B. Contractor shall be responsible for complying with City of Carisbad requirements for protection for storm drains / runoff. C. Protect /tape of all surfaces including sealant, window frames / windows / light fixtures, etc.. to protect from overspray / staining. D. Apply spray in one application until saturation occurs (light sheen on surface). Start application at the bottom and work up. After Decktite WDS has dried, water test treated surface to assure proper application. Allow for at least 24 hours after completing application before water test. 3.6 GENERAL NOTES TO SCOPE OF WORK A. Certain precautions need to be taken recognizing the work will take place in an active environment. Work being performed during normal working hours shall be carefully coordinated with City of Carisbad, and shall not be disruptive to ship operations. B. All workers shall wear appropriate clothing at all times. 3.7 FIELD QUALITY CONTROL A. Periodic job-site quality control inspections shall be provided by the Project Facilitator during the progress of the work. The number of inspections shall be determined by the scope of the work as well as the Contractor's work progress. B. Final Inspection and Approval - Formal final inspection of completed work shall be made by City of Carisbad and their designated representative. C. Contractor shall correct installations or details noted as deficient during the Final Inspection within five (5) working days of notification. END OF SECTION y DECKTITE WDS Water Dispersed Silane Sealer Composition: Decktite WDS™ is a VOC compliant Alkyltrialkoxy silane concentrate. When properly dis- persed in water, the resulting concrete surface becomes hydrophobic and repels moisture absorp- tion. Basic Use: Decktite WDS is a water dispersed, low odor, penetrating concrete sealer. Using a unique nozzle mixing system which allows for metered spray application of the silane to the surface, the pressurized spray delivers a fully catalyzed reactive material to the surface to be treated. The metered pressurized spray fully saturates the surface and then soaks into the microscopic pores converting the surface into a water repellent layer. Upon mixing Decktite WDS with water, it must be applied immediately since it remains active for less than 20 seconds. The Decktite custom spray equipment is required for proper application. This chemical treatment provides an almost instanta- neous reaction with the concrete or masonry surface. This is a distinct advantage since most sealers lose a great deal of active ingredients as well as solvents to evaporation. The WDS sealer delivers more active silane into the concrete to form a water repellent layer. This protective layer greatly reduces the migra- tion of water and deicing salts wiiich cause deteriora- tion of reinforcing steel, scaling and efflorescence. Because WDS forms a protective layer which is chem- ically bonded to the concrete surface, it is not affect- ed by surface temperature, rainfall or ultraviolet light. Typical Applications: Parking decks (cast in place, pre- cast and post tension), bridges, piers, stadiums, archi- tectural walls such as concrete, brick, masonry facades, stucco and other absorbant natural stones-such as lime- stone and dolomite. Decktite WDS is ideally suited for use in odor sensitive areas which prohibit the use of a solvent based material. Product Advantages Features BeneOts • Creates water repellent masonry substrate • Minimizes penetration of de-icing salts into concrete • Deters growth of fun- gus and algae on con- crete • Not a film forming coat- ing • Does not trap moisture in concrete • Water dispersed • VOC compliant • Specialized application equipment • No mixing • Easy handling Limitations: • Not intended for glazed brick, glazed tile, slate, granite, or polished marble. • Not to be applied over previously sealed concrete without securing manufacturer's prior written instructions and approval. • Not applied below 40°F or above 110°F • Do not apply when rain is imminent or when treat- ed surface will not fully dry prior to rain. • Protect plants, windows, and metal from overspray • Not to be applied to wet, frost covered, or frozen substrates. • Not for use in submerged or below grade applica- tions. Storage Life: Two years in unopened containers Surface Preparation: All surfaces which are to receive Decktite WDS must be free of dust, dirt, debris, and other surface con- taminants. New concrete must cure a minimum of 28 days prior to application. All curing compounds must be completely removed before the application of seal- er. Concrete surface must be dry. Shot blasting the concrete is recommended on new concrete decks, and required in restoration work. Power wash all surfaces prior to application at 800 psi (5,500 kPa) minimum. Allow surfaces to dry 72 hours minimum. Surface must be dry for proper applica- tion. Vertical surfaces must be cleaned of any laitance, dirt, dust, oil, grease, efflorescence, alkali coatings and all other contaminants. Replace any loose, weak or soft mortar and allow 72 hours cure time prior to applica- tion. Packaging: Available in 1 gallon (3.78L) containers and 5 gallon (18.9L) containers. Application: Decktite WDS is applied by specialized metered spray equipment available exclusively from Tremco. Coverage rates will vary with surface com- position, finish and porosity. Protection from over spray is required. Avoid over spray when using near windows, metals, or foliage. mmca Roofing & Weatherproofing Peace of Mind™ Apply spray in one application until saturation occurs. Surfaces must be uniformly wet during application. Avoid excessive puddling. Broom out all puddle areas. Allow treated surface to fully dry before expo- sure to rain or wet conditions. After Decktite WDS has dried, water test the treated surface to assure proper application. Allow for at least 24 hours after completing application before water test. Coverage Rates for WDS Dispersion: Shot Blast Surfaces 80-150 sq. ft. per gallon (2.0-3.7 mVliter) Fine Broom finish 100-125 sq. ft. per gallon (2.5-3.1 m'/Hter) Power trowel or light trowel finish 125-150 sq. ft. per gallon (3.1-3.7 mVliter) Vertical 175-250 sq. ft. per gallon (4.3-6.1 mVHter) Coverage will vary due to surface. Clean Up: Flush equipment with Decktite WDS Equipment Cleaner or isopropyl alcohol immediately. DO NOT use water to clean Decktite WDS concen- trate reservoir, since gelling/crystallization may occur. Precautions: Use with adequate ventilation and per- sonal protection. Read container label and Material Safety Data Sheet prior to use. Warranty: Tremco, Inc. warrants Decktite WDS to be free of defects and to meet published physical properties when tested according to ASTM and Tremco standards. Under this warranty, we will provide, at no charge, prod- uct in containers to replace any product proved to be defective when applied, tested and cured in accordance with our written instmctions, and in applications rec- ommended by us as suitable for this product. THIS IS BUYER'S SOLE AND EXCLUSIVE REMEDY. User shall determine suitability of the product for this intended use and assume all risk and liability there- with. Seller shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use of the product. All claims concerning product defects must be made within twelve (12) months of shipment. Absence of such claims in writing, during this period, will consti- tute a waiver of all claims with respect to such prod- uct. This warranty SHALL BE IN LIEU OF any and all other warranties, express or implied including but not limited to, any implied warranty of MERCHANTABILI- TY OR FITNESS FOR A PARTICULAR PURPOSE. Typical Physical Data Color Clear Amber Solvent: None in concentrate, dispersed WAh water only Flash point as a concentrate; 108° (flash point not applicable when dispersed in water) Method ; Cleveland Closed Cup Property Technical Data Test Vertical Standard Application Horizontal Application Dispersion Rate (water: WDS)(n Water 9:1 6:1 Diying Time ®70*f 50% R.H. 30-SO minutes 30.50 minutes Solvent water water VOC Contentt ASTM D5095-90 <350 (gm/llter) As a concentrate <350 % Reduction in Water Weigiit Cain NCHRP 244 Series II 78% Test 76% % Reduction in Absorbed Chloride NCHRP 244 Series li 94% 95% Water Screening Water Weigiit Gain Alberta Transportation Test 91.1% 91.4% Water Screening After Abrasion Alberta Transportation Test 87.9% 87.5% Alltali Resistance After Abrasion Alberta Transportation 89.7% Test 84.1% depth of Penetration OHO L.34 0.18 inches 0.28 indies Moisture Vapor Permeability NCHRP 244 100% Series II 100% tMeets the requirements of SCAQIvID, NY City, N| and Phoenix. Statement of Policy and Responsibility: Tremco takes responsibility for furnishing quality materials and for providing specifications and recommenda- tions for their proper installation. /Vs neither Tremco itself nor its Representatives prac- tice architecture or engineering, Tremco offers no opinion on, and expressly disclaims any responsibility for the soundness of any structure on which its prod- ucts may be applied. If questions arise as to the soundness of a structure or its ability to support a planned installation properly, the Owner should obtain the opinion of competent structural engineers before proceeding. Tremco accepts no liability for any structural failure or for resultant damages, and no Tremco Representative is authorized to vary this disclaimer. Technical Services: Your local Tremco representative, in conjunction with the Tremco Technical Services Department, offers a unique problem-solving capabil- ity. This includes assistance through the development and specification stage as well as providing on site application instmction and inspections when request- ed. Their services are fully supported by the Tremco Research & Development Center, which has earned a unique reputation in Roofing, Sealants, and Coatings Tecfinology. From concept to job completion, your Tremco Roofing and Building Maintenance Representative is available for your assistance. TREmco An l^^^l Company 3735 Green Road Beachwood, OH 44122 216-292-5000 220Wicksteed Ave Toronto, ONT M4H 1G7 416-421-3300 ROO-205 Printed in USA TtemSEAL S A Low Modulus, High Performance Silicone Sealant COMPOSITION: Width mm Depth mm ft/gal m/L ft/case m/cs TremSEAL S is a low modulus, high performance, one part 1/4" 6 3/16" 5 411 33 652 199 moisture curing silicone joint sealant. Outstanding cure stabili-3/8" 9 3/16" 5 274 22 435 133 ty and shelf life properties are designed into this product. 1/2" 13 1/4" 6 154 12.4 244 74 TremSeal S is asbestos free. 5/8" 16 3/8" 9 82 6.6 130 40 3/4" 19 3/8" 9 68 5.5 108 33 BASIC USES: 7/8" 22 3/8" 9 58.6 4.7 93 28 TremSEAL S is capable of accommodating compression and 1" 25 1/2" 13 38.5 3.1 61 18 expansion, especially when joint size limitations eliminate other types of sealants. TremSEAL S has outstanding resistance to acid rains, caustics, extreme temperatures, ozone, and ultraviolet light - exposures where other sealants cannot perform. Can be used as a bond- breaker. TremSEAL S is used as a lap sealant on Tremco Hypalon single ply membranes. TremSEAL S is also well suited for control and lap joints in metal detailing. LIMITATIONS: • Not intended to be used over bituminous substrates. • Not intended to be used under constant water immersion. • Not intended for use in traffic bearing joints. • Not intended for use on porous or decorative stone and other highly aesthetic applications. Some discoloration should be expected. JOINT DESIGN Construction Joints: • loint size should be tour times anticipated movement. • Maintain approximate 2:1 width to depth ratio. Sealant depth should not be less than 3/16" (5mm) and not greater than 1/2" (1 3mm) . See table below. • W/idth-to-depth recommendations and sealant volume cov- erage: Product Advantages Features Benefits Exceptional movement capability • Can be used in undersized joints wothout costly pro- cedures to enlarge joint area. Wide service temperature range (-65°F to 300°F) • Can be used where other sealants would fail, such as stacks and steam exposure. Cartridge stability • No special cold storage required. Unaffected by ozone, most acids, cleaners, and caustics. • Can be used in numerous areas where most other sealants cannot perform. Stable curing system • Ensures product reliability. Skins quickly with outstand- ing tear strength • Can be used in areas where other silicones are vulnera- ble to damage. • Minimum joint size: 1/4" (6mm) width by 3/16" (5mm) depth. • Consult your local Tremco Representative for specific design details. Hypalon Membrane seams: • Bead size should be 1/2" (13mm) width by 1/8" (3mm) depth. • Sealant volume coverage: Width mm Depth mm ft/gal m/L ft/case m/cs 1/2" 13 1/8" 3 308 24.8 489 149 GRADE: Gun. PACKAGING: Available in 300ml (10.15 fl. oz.) cartridges, 20 cartridges/case, 1.6 gal/case. STORAGE LIFE: One year when stored below 80°F. (26.7°C) COLORS: White, Aluminum/Stone, Bronze, Black. APPLICABLE STANDARDS: TremSEAL S is supplied in a non- sag formulation. Meets the requirements of U.S. Federal Specifications for silicone building sealants. Class A one-com- ponent building sealants, applicable ASTM tests, and Tremco standards. TT-S-00230C (COM-NBS), Type II, Class A TT-S-001543A (COM-NBS), Class A ASTM C 920-95, Type S, Grade NS, Class 25, Use NT, M, G, A, and 0. APPLICATION DATA SURFACE PREPARATION: Joint interfaces must be clean, dry and free of any foreign matter. Some substrates may require grinding, cutting, or mechanical abrading to produce a sound, clean, dry surface for sealant application. Any surface dirt, dust, and loose particles must be removed from the joint prior to sealant application. Wipe metal, glass, and other nonporous surfaces with Solvent followed by a dry wipe with a clean lint-free cloth before sol- vent evaporates. A trial application of solvent is recommended over applied coating or finish to ensure there is no adverse reaction. Wipe Hypalon membrane lap seams with Toluene prior to application of TremSEAL S. If necessary, TremSEAL S can be installed below freezing provided surfaces are clean, dry and frost-free. For best performance, apply sealant above 40°F. (4°C). nmeo Roofing St Weatherproofing Peace of Mind™ PRIMING: Some materials with special surface characteristics, finishes or coatings may require a primer. A trial application is recommended. PRIMERS: Tremco Silicone Metal Primer #20 Tremco Silicone Porous Primer #23 See Data Sheets. JOINT BACKING/BONDBREAKER: Joint backing must be used to control recommended joint depth and prevent three- sided adhesion. Joint backing must be dry. Where joint design or depth will prevent use of joint backing, an approved adhe- sive-backed polyethylene bond-breaker tape must be installed to prevent three-sided adhesion. Back joints with round, closed-cell polyethylene, non bleeding neoprene or butyl rod under 30% compression. Do not install more joint backing or bondbreaker tape than can be sealed during same day. APPLICATION: TremSEAL S can be applied with conventional hand or air powered caulking equipment. Apply in a continu- ous operation with adequate pressure to fill joint to proper width and depth. Do not overfill. CURE RATE: Skin-over: 10 to 30 minutes. Tack-free (firm skin): 30 to 60 minutes. Through cure: 7 to 14 days. Higher temperatures accelerate cure. Lower temperatures extend cure. TOOLING: Immediately after application, tool sealant to ensure finn, full contact with joint interfaces. Dry tooling is preferred. Care must be exercised to avoid contamination of open joints below. MASKING: Should masking be required, remove masking tape immediately after tooling and before sealant skins. CLEANING: While sealant is uncured, clean equipment and tools. Xylene or toluene. Non-porous surfaces: Immediately remove excess sealant with solvent. Porous surfaces: Allow sealant to develop initial cure, then remove excess by abrasion or other mechanical means. Caution should be exercised to maintain original surface texture. PRECAUTIONS: Users must read container labels and Material Safety Data Sheets for health and safety precautions prior to use. AVAILABILITY AND COST: Contact your local Tremco Representative for pricing and availability. For name and num- ber of your representative, call 216/292-5000 - Roofing Division. In Canada, 416-421-3300. MAINTENANCE: Your Tremco Representative can provide effective maintenance procedures which may vary, depending upon specific conditions. Periodic inspections, early repairs, and preventative maintenance are all sound procedures. GUARANTEE/WARRANTY: Tremco, Inc. warrants TremSEAL S to be free of defects and to meet published physical properties when cured and tested according to ASTM and Tremco stan- dard. Under this warranty, we will provide at no charge, TremSEAL S in standard packaging to replace any TremSEAL S proven to be defective when applied according to our written instructions, and in applications recommended by us as suit- able for TremSEAL S. THIS IS BUYER'S SOLE AND EXCLUSIVE REMEDY All claims conceming product defects must be made in writing within twelve (12) months of shipment. The absence of such claims in writing during this period will constitute a waiver of all claims with respect to such product. This warranty shall be IN LIEU OF any other warranty, express or implied, including but not limited to, any implied warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES. Physical Perrormance Cliaracteristics TVemSEAL S Property Typical Value Test Method As Supplied: Volatile organic compound Og/L ASTM D 3960-89 (less water, less exempt solvent) Tack - free time 30-60 minutes ASTM C 679-87 Cure time (a 77"'F, 50%RH 7-14 days TRC 521* Full adhesion 14-21 days TRC 521* Flow, sag, or slump Nil ASTM C 639-83 Working time 10 - 30 minutes ASTM C 639-83 As Cured: (14 days @ 77°F, 50% RH) Hardness (Shore A) 15 ASTM C 661-86 Tensile strength @ maxi 200 psi (1379kPa) ASTM D 412-87 mum elongation Tensile strength ® 100% 35 psi(241kPa) ASTM D 412-87 elongation Tear resistance (Die C) 40 pli (7kN/M) ASTM D 624-86 Peel strength: Aluminum, 30 pli (5.3 kN/M) ASTM C 794-80 glass, concrete (1986) Stain Sl color change None ASTM CSI0- 77(1983) FSTT-S-001543A Ozone resistance Excellent _ loint movement capability ASTM C719-86 Extension + 100% Compression - 50% UV Resistance Excellent ASTM C794- 80(1986) •TRC - Tremco Research Center - Standard Test (procedure available) TECHNICAL SERVICES: Your local Tremco Representative, working with the Technical Service Staff, can help analyze con- ditions and needs to develop recommendations for special applications. The services of the Tremco Research Center, which has earned a unique reputation in weatherproofing tech- nology, complement and extend the services of the Tremco Technical Service Staff. STATEMENT OF POLICY AND RESPONSIBILITY: Tremco takes responsibility for furnishing quality materials and for providing specifications and recommendations for their proper installation. As neither Tremco itself nor its Representatives practice archi- tecture or engineering, Tremco offers no opinion on, and expressly disclaims any responsibility for the soundness of any structure on which its products may be applied. If questions arise as to the soundness of a structure or its ability to support a planned installation properly, the Owner should obtain opin- ions of competent structural engineers before proceeding. Tremco accepts no liability for any structural failure or for resultant damages, and no Tremco Representative is authorized to vary this disclaimer. TREmco An I^Pm Company 3735 Green Road Beachwood, OH 44122 216-292-5000 220Wicksteed Ave Toronto, ONTM4H1G7 416-421-3300 R-790101 Printed in USA Rev. 1/99